U.S. Code » Title 16 » Chapter CHAPTER 2— NATIONAL FORESTS › Subchapter SUBCHAPTER I— ESTABLISHMENT AND ADMINISTRATION

16 U.S.C. § 521d

Sale, exchange, or interchange of National Forest System land

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(a) Conveyance authority; considerationThe Secretary is authorized, when the Secretary determines it to be in the public interest—(1) to sell, exchange, or interchange by quitclaim deed, all right, title, and interest, including the mineral estate, of the United States in and to National Forest System lands described in section 521e of this title; and(2) to accept as consideration for the lands sold, exchanged, or interchanged other lands, interests in lands, or cash payment, or any combination of such forms of consideration, which, in the case of conveyance by sale or exchange, is at least equal in value, including the mineral estate, or, in the case of conveyance by interchange, is of approximately equal value, including the mineral estate, to the lands being conveyed by the Secretary.(b) Inclusion of terms, covenants, conditions, and reservations(1) In general

The Secretary shall insert in any such quitclaim deed such terms, covenants, conditions, and reservations as the Secretary deems necessary to ensure protection of the public interest, including protection of the scenic, wildlife, and recreation values of the National Forest System and provision for appropriate public access to and use of lands within the System.

(2) Limitation

Paragraph (1) shall not be applicable to deeds issued by the Secretary to lands outside the boundary of units of the National Forest System.

(c) Disposition of proceeds(1) Deposit in Sisk fund

The net proceeds derived from any sale or exchange conducted under paragraph (4), (5), or (6) of section 521e of this title shall be deposited in the fund established under section 484a of this title.

(2) UseAmounts deposited under paragraph (1) shall be available to the Secretary until expended for—(A) the acquisition of land or interests in land for administrative sites for the National Forest System in the State from which the amounts were derived;(B) the acquisition of land or interests in land for inclusion in the National Forest System in that State, including land or interests in land that enhance opportunities for recreational access; or(C) the reimbursement of the Secretary for costs incurred in preparing a sale conducted under the authority of section 521e of this title if the sale is a competitive sale.(Pub. L. 97–465, § 2, Jan. 12, 1983, 96 Stat. 2535; Pub. L. 115–334, title VIII, § 8621(c), Dec. 20, 2018, 132 Stat. 4852.)Editorial NotesAmendments

2018—Pub. L. 115–334, § 8621(c)(1)–(3), designated first sentence as subsec. (a) and inserted subsec. heading, designated second sentence as par. (1) of subsec. (b), inserted subsec. and par. headings, and substituted “covenants” for “convenants”, and designated third sentence as par. (2) of subsec. (b), inserted par. heading, and substituted “Paragraph (1) shall not” for “The preceding sentence shall not”.

Subsec. (c). Pub. L. 115–334, § 8621(c)(4), added subsec. (c).

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2002–2025 · leading case: Citizens' Comm. to Save Our Canyons v. United States Forest Serv., 297 F.3d 1012 (10th Cir. 2002).
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Citizens' Comm. to Save Our Canyons v. United States Forest Serv., 297 F.3d 1012 (10th Cir. 2002). “” 16 U.S.C. § 521d. As federal regulations explain, one of the purposes of allowing the interchange of mineral fractions—the type of land at issue in this case—is to allow the government to “resolve land disputes and management problems” associated with federal lands.”
Johnson v. USA (9th Cir. 2025). · cites it 4× “16 U.S.C. §§ 521d(a), 521e(2). The Secretary has discretion to approve STA conveyances, provided they are “in the public interest.”
Robert Luciano, Jr. v. United States, 667 F. App'x 278 (9th Cir. 2016). “The Forest Service is authorized by 16 U.S.C. § 521d(l) to exchange National Forest lands in certain circumstances, including “parcels of ten acres or less which are encroached upon by improvements occupied or used under claim or color of title.”
Charley E Johnson Revocable Living Trust v. United States of Am. (D. Ariz. 2024). “16 U.S.C. § 521d(a)(1). Defendants ultimately modified Plaintiff’s proposal and sold 3 only 0.”
— 16 U.S.C. § 521d(a) — 1 case
Johnson v. USA (9th Cir. 2025). “16 U.S.C. §§ 521d(a), 521e(2). The Secretary has discretion to approve STA conveyances, provided they are “in the public interest.”
— 16 U.S.C. § 521d(a)(1) — 1 case
Charley E Johnson Revocable Living Trust v. United States of Am. (D. Ariz. 2024). “16 U.S.C. § 521d(a)(1). Defendants ultimately modified Plaintiff’s proposal and sold 3 only 0.”
— 16 U.S.C. § 521d(l) — 1 case
Robert Luciano, Jr. v. United States, 667 F. App'x 278 (9th Cir. 2016). “The Forest Service is authorized by 16 U.S.C. § 521d(l) to exchange National Forest lands in certain circumstances, including “parcels of ten acres or less which are encroached upon by improvements occupied or used under claim or color of title.”
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