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16 U.S.C. § 271aAcquisition of lands; authority of Secretary; exchange of property; cash equalization payments; transfer from Federal agency to administrative jurisdiction of Secretary; lands subject to reclamation and power withdrawals

submitted 62 years ago by Pub. L. 88-590 to r/title-16-CONSERVATION · 291 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Secretary of the Interior buy or trade land inside Canyonlands National Park. The Secretary can trade non-federal land for other federal land in Utah and pay cash to balance the trade. Certain federal land and old reclamation or power withdrawals inside the park also become part of the park.

Within the boundaries of Canyonlands National Park, the Secretary of the Interior can acquire land and property rights by whatever means the Secretary decides serve the public interest. The Secretary can accept ownership of non-federal property inside the park, including land Utah owns for its school system and riverbed land. In exchange, the Secretary can give the previous owner other federal land in Utah, even if some other law would normally prevent that. Traded properties must be roughly the same classification and roughly equal in value. If Utah properly applies to make a trade, the Secretary must finish the transfer within 120 days after September 12, 1964 (the date this law, or any later amendment, was enacted). The Secretary can also pay cash to, or accept cash from, the other party to make the values match exactly. Federal land inside the park that belongs to a different federal agency can be transferred to the Secretary's control without payment, if that agency agrees, so the Secretary can use it for the park. Any park land that the Bureau of Reclamation or Federal Power Commission had reserved for its own purposes is freed from that reservation. As of September 12, 1964, that land became part of Canyonlands National Park, with no restrictions except those in this subchapter or later amendments to it.
the actual law source: uscode.house.gov ↗public domain

Within the area which lies within the boundaries of the park, the Secretary of the Interior is authorized to acquire lands and interests in lands by such means as he may deem to be in the public interest. The Secretary may accept title to any non-Federal property within the park, including State-owned school sections and riverbed lands, and in exchange therefor he may convey to the grantor of such property any federally owned property under his jurisdiction within the State of Utah, notwithstanding any other provision of law. The properties so exchanged shall be of the same classification, as near as may be, and shall be of approximately equal value, and the Secretary shall take administrative action to complete transfer on any lands in a proper application by the State of Utah on or before the expiration of one hundred twenty days following the date of enactment of this Act [September 12, 1964] or any amendment thereto: Provided, That the Secretary may accept cash from, or pay cash to, the grantor in such an exchange in order to equalize the values of the properties exchanged. Federal property located within the boundaries of the park may, with the concurrence of the agency having custody thereof, be transferred to the administrative jurisdiction of the Secretary of the Interior, without consideration, for use by him in carrying out the purposes of this subchapter. Any lands within the boundaries of the park which are subject to Bureau of Reclamation or Federal Power Commission withdrawals are hereby freed and exonerated from any such withdrawal and shall, on September 12, 1964, become a part of the Canyonlands National Park subject to no qualifications except those imposed by this subchapter or any amendment thereto.

Source credit: (Pub. L. 88–590, § 2, Sept. 12, 1964, 78 Stat. 937; Pub. L. 92–154, § 1(b), Nov. 12, 1971, 85 Stat. 421.)

history & why it existsrecord from the source credit
  • 1964Enacted · Pub. L. 88-590 · 78 Stat. 937
  • 1971Amended · Pub. L. 92-154 · 85 Stat. 421

A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-590 on 1964-09-12.

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