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16 U.S.C. § 160ePayment of value differential by Secretary to owner of commercial timberlands exchanging lands for State lands outside of park; determination of value; prerequisites

submitted 55 years ago by Pub. L. 91-661 to r/title-16-CONSERVATION · 139 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can pay extra money to owners of park timberland. This applies when the owner trades land with the State of Minnesota for land outside the park. The payment covers the difference between the land's timber value and its higher recreation value, if any. The Secretary only pays after the United States receives full ownership of the land.

This section lets the Secretary pay a "value differential" to certain landowners. It applies to owners of "commercial timberlands" inside the park. The State of Minnesota must have negotiated with these owners to trade their land for State land outside the park. The goal of the trade is to convey the owner's land to the United States. The Secretary can only make this payment when the trade was valued using timber purposes only — not recreation value. The payment amount is the difference between two numbers: 1. The land's value for timber purposes, agreed on by the State, the Secretary, and the owner. 2. The land's higher value for recreational purposes, if it has one — but only the part of that higher value that is not caused by the park's establishment or authorization. So if recreation value is higher only because the park exists nearby, that part doesn't count toward the payment. There is one more requirement, written as a proviso: the Secretary can only make the payment once the United States actually receives full legal ownership ("fee title") of the land within the park boundaries.
the actual law source: uscode.house.gov ↗public domain

The Secretary is authorized to pay a differential in value, as hereinafter set forth, to any owner of commercial timberlands within the park with whom the State of Minnesota has negotiated, for the purpose of conveyance to the United States, an exchange of lands for State lands outside the park. Payment hereunder may be made when an exchange is based upon valuations for timber purposes only, and shall be the difference between the value of such lands for timber purposes, as agreeable to the State, the Secretary, and any owner, and the higher value, if any, of such lands for recreational purposes not attributable to establishment or authorization of the park: Provided, That any payment shall be made only at such time as fee title of lands so acquired within the boundaries is conveyed to the United States.

Source credit: (Pub. L. 91–661, § 204, Jan. 8, 1971, 84 Stat. 1972.)

history & why it existsrecord from the source credit
  • 1971Enacted · Pub. L. 91-661 · 84 Stat. 1972

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-661 on 1971-01-08.

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