(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 Notes
References in TextThis 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.
Amendments1996—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).