16 U.S.C. § 580d - Use of Forest Service structures or improvements and land by public and private agencies, etc.; terms

• Cite as: 16 U.S.C. § 580d

The Secretary of Agriculture, under such regulations as he may prescribe and at rates and for periods not exceeding thirty years as determined by him, is authorized to permit the use by public and private agencies, corporations, firms, associations, or individuals, of structures or improvements under the administrative control of the Forest Service and land used in connection therewith: Provided, That as all or a part of the consideration for permits issued under this section, the Secretary may require the permittees at their expense to renovate, recondition, improve, and maintain the structures and land to a satisfactory standard.

Cite as 16 U.S.C. § 580d

Source: Apr. 24, 1950, ch. 97, §7, 64 Stat. 84; Pub. L. 105-277, div. A, §101(e) [title III, §346], Oct. 21, 1998, 112 Stat. 2681-231, 2681-298.

Notes from the Office of Law Revision Counsel

current through 5/12/2021

AMENDMENTS

1998- Pub. L. 105-277 which directed the substitution of "renovate, recondition, improve, and maintain" for "recondition and maintain,", was executed by making the substitution for language which did not include a comma after "maintain" to reflect the probable intent of Congress.

AUTHORIZATION FOR LEASE OF FOREST SERVICE SITES

Pub. L. 115-334, title VIII, §86238623,, 132 Stat. 4853, provided that:

"(a) DEFINITIONS.-In this section:

"(1) ADMINISTRATIVE SITE.-

"(A) IN GENERAL.-The term 'administrative site' means-

"(i) any facility or improvement, including curtilage, that was acquired or is used specifically for purposes of administration of the National Forest System;

"(ii) any Federal land that-

"(I) is associated with a facility or improvement described in clause (i) that was acquired or is used specifically for purposes of administration of Forest Service activities; and

"(II) underlies or abuts the facility or improvement; and

"(iii) for each fiscal year, not more than 10 isolated, undeveloped parcels of not more than 40 acres each.

"(B) EXCLUSIONS.-The term 'administrative site' does not include-

"(i) any land within a unit of the National Forest System that is exclusively designated for natural area or recreational purposes;

"(ii) any land within-

"(I) a component of the National Wilderness Preservation System;

"(II) a component of the National Wild and Scenic Rivers System; or

"(III) a National Monument; or

"(iii) any Federal land that the Secretary [of Agriculture] determines-

"(I) is needed for resource management purposes or to provide access to other land or water; or

"(II) would be in the public interest not to lease.

"(2) FACILITY OR IMPROVEMENT.-The term 'facility or improvement' includes-

"(A) a forest headquarters;

"(B) a ranger station;

"(C) a research station or laboratory;

"(D) a dwelling;

"(E) a warehouse;

"(F) a scaling station;

"(G) a fire-retardant mixing station;

"(H) a fire-lookout station;

"(I) a guard station;

"(J) a storage facility;

"(K) a telecommunication facility; and

"(L) any other administrative installation for conducting Forest Service activities.

"(3) MARKET ANALYSIS.-The term 'market analysis' means the identification and study of the market for a particular economic good or service.

"(b) AUTHORIZATION.-The Secretary may lease an administrative site that is under the jurisdiction of the Secretary in accordance with this section.

"(c) IDENTIFICATION OF ELIGIBLE SITES.-A regional forester, in consultation with forest supervisors in the region, may submit to the Secretary a recommendation for administrative sites in the region that the regional forester considers eligible for leasing under this section.

"(d) CONSULTATION WITH LOCAL GOVERNMENT AND PUBLIC NOTICE.-Before making an administrative site available for lease under this section, the Secretary shall-

"(1) consult with government officials of the community and of the State in which the administrative site is located; and

"(2) provide public notice of the proposed lease.

"(e) LEASE REQUIREMENTS.-

"(1) SIZE.-An administrative site or compound of administrative sites under a single lease under this section may not exceed 40 acres.

"(2) CONFIGURATION OF ADMINISTRATIVE SITES.-

"(A) IN GENERAL.-To facilitate the lease of an administrative site under this section, the Secretary may configure the administrative site-

"(i) to maximize the marketability of the administrative site; and

"(ii) to achieve management objectives.

"(B) SEPARATE TREATMENT OF FACILITY OR IMPROVEMENT.-A facility or improvement on an administrative site to be leased under this section may be severed from the land and leased under a separate lease under this section.

"(3) CONSIDERATION.-

"(A) IN GENERAL.-A person to which a lease of an administrative site is made under this section shall provide to the Secretary consideration described in subparagraph (B) in an amount that is not less than the market value of the administrative site, as determined in accordance with subparagraph (C).

"(B) FORM OF CONSIDERATION.-The consideration referred to in subparagraph (A) may be-

"(i) cash;

"(ii) in-kind, including-

"(I) the construction of new facilities or improvements, the title to which shall be transferred by the lessee to the Secretary;