7 U.S.C. § 2002

Transfer of inventory lands

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(a) In generalSubject to subsection (b), the Secretary may transfer to any Federal or State agency, for conservation purposes any real property, or interest therein, administered by the Secretary under this Act—(1) with respect to which the rights of all prior owners and operators have expired;(2) that is eligible to be disposed of in accordance with section 1985 of this title; and(3) that—(A) has marginal value for agricultural production;(B) is environmentally sensitive; or(C) has special management importance.(b) ConditionsThe Secretary may not transfer any property or interest in property under subsection (a) unless—(1) at least 2 public notices are given of the transfer;(2) if requested, at least 1 public meeting is held prior to the transfer; and(3) the Governor and at least 1 elected county official of the State and county where the property is located are consulted prior to the transfer.(Pub. L. 87–128, title III, § 354, as added Pub. L. 100–233, title VI, § 616, Jan. 6, 1988, 101 Stat. 1682; amended Pub. L. 104–127, title VI, § 646, Apr. 4, 1996, 110 Stat. 1103.)Editorial NotesReferences in Text

This Act, referred to in subsec. (a), refers to the Agricultural Act of 1961, Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 294. For classification of this Act to the Code, see Short Title note set out under section 1911 of this title and Tables. However, the reference was probably intended to be “this title” meaning the Consolidated Farm and Rural Development Act, title III of Pub. L. 87–128, as amended, which is classified principally to this chapter. For classification of this title to the Code, see Short Title note set out under section 1921 of this title and Tables.

Amendments

1996—Pub. L. 104–127 designated existing provisions as subsec. (a), inserted heading, substituted “Subject to subsection (b), the Secretary” for “The Secretary, without reimbursement,” in introductory provisions, added par. (2) and struck out former par. (2) which read as follows: “that is determined by the Secretary to be suitable or surplus; and”, and added subsec. (b).

Notes of Decisions

Cited in 3 cases, 1992–1996 · leading case: W.L. Harris v. United States, 19 F.3d 1090 (5th Cir. 1994).

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W.L. Harris v. United States, 19 F.3d 1090 (5th Cir. 1994). “” 7 U.S.C. § 2002 . Harris argues that because “Congress expressly made leaseback/buyback rights superior to the right of the FmHA to transfer land under the 616 program .”

Harris v. United States, 820 F. Supp. 1018 (N.D. Miss. 1992). “16 of the Act, codified as 7 U.S.C. § 2002 , the FmHA is authorized to transfer to any federal or state agency for use for conservation purposes any inventory which “has marginal value for agricultural production” and is “environmentally sensitive.”

Chad Kjeldahl v. Daniel R. Glickman (8th Cir. 1996). “Kjeldahl argues, as he did below, that 7 U.S.C. § 2002 permits 1 The Honorable James M.”

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