16 U.S.C. § 460aa–2 — Acquisition of land
submitted 54 years ago by Pub. L. 92-400 to r/title-16-CONSERVATION · 665 words · no verdicts yet
The Secretary may buy land, mineral interests, and scenic easements needed for the recreation area, but land bought just for access and facilities can't exceed 5% of all private land in the area as of August 22, 1972. Owners get priority consideration, and condemnation is a last resort. Idaho's own land can only be acquired by donation or exchange.
(a) Authority of Secretary; manner; limitation; "scenic easement" defined: Except as section 460aa–3 provides otherwise, the Secretary may buy — by donation, purchase, exchange, bequest, or otherwise — any land or lesser interest in land, including mineral interests and scenic easements, needed for this law's purposes. But land bought only for access to and use of public property, or for recreation and other facilities, cannot total more than 5 percent of all private land in the recreation area as of August 22, 1972. A "scenic easement" here means the right to control how land is used to protect its beauty for this law's purposes — but it can't stop a landowner from continuing whatever use they were making of the land as of August 22, 1972.
(b) Offers of land; hardship from acquisition delays: When buying land, the Secretary must give quick, careful attention to any offer from someone who owns land inside the boundaries described in section 460aa(b). The Secretary must also consider any hardship the owner would suffer from delay.
(c) Condemnation proceedings: The Secretary may condemn private land — take it without the owner's consent — only if, in the Secretary's judgment, reasonable efforts to buy it through negotiation have failed. Even then, the Secretary may take only as much ownership as is reasonably needed to meet this law's goals.
(d) Exchange of property; cash equalization payments: When exchanging property, the Secretary may accept non-federal land inside the recreation area and give federally owned land in Idaho in return, if the Secretary decides that land is suitable for exchange and under the Secretary's control. If the values being swapped aren't roughly equal, the difference must be paid in cash — either to the person giving up land or to the Secretary. The Secretary may use the same procedures normally used for exchanging national forest land.
(e) Mineral interests: This law doesn't limit the Secretary's power to acquire mineral interests in recreation-area land, with or without the owner's consent. Once acquired, that land or those minerals are closed to new mining claims and mineral leasing.
(f) State lands: Land owned by Idaho or its local governments can only be acquired by donation or exchange.
(g) Transfer from Federal agency to administrative jurisdiction of Secretary: Federal property inside the recreation area may be transferred to the Secretary's control at no cost, if the agency that currently controls it agrees. Land acquired or transferred this way becomes part of the recreation area and of the nearby national forest.
(h) Condemnation authority: Except where this law says otherwise, the Secretary may use condemnation to get clear, marketable title to land, free of any liens or claims against it.
Except as provided in section 460aa–3 of this title, the Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, exchange, bequest, or otherwise any lands, or lesser interests therein, including mineral interests and scenic easements, which he determines are needed for the purposes of this subchapter: Provided, That acquisitions of lands or interests therein for access to and utilization of public property, and for recreation and other facilities, shall not exceed five per centum of the total acreage of all private property within the recreation area as of August 22, 1972.
As used in this subchapter the term “scenic easement” means the right to control the use of land in order to protect the esthetic values for the purposes of this subchapter, but shall not preclude the continuation of any use exercised by the owner as of August 22, 1972.
In exercising this authority to acquire lands, the Secretary shall give prompt and careful consideration to any offer made by an individual owning any land, or interest in land, within the boundaries described in section 460aa(b) of this title. In considering such offer, the Secretary shall take into consideration any hardship to the owner which might result from any undue delay in acquiring his property.
The Secretary may utilize condemnation proceedings without the consent of the owner to acquire private lands or interests therein pursuant to this section only in cases where, in his judgment, all reasonable efforts to acquire such lands or interests therein by negotiation have failed, and in such cases he shall acquire only such title as, in his judgment, is reasonably necessary to accomplish the objectives of this subchapter.
In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property, or interests therein, located within the recreation area and, notwithstanding any other provision of law, he may convey in exchange therefor any federally owned property within the State of Idaho which he classifies as suitable for exchange and which is under his administrative jurisdiction. The values of the properties so exchanged shall be approximately equal or, if they are not approximately equal, they shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. In the exercise of his exchange authority, the Secretary may utilize authorities and procedures available to him in connection with exchanges of national forest lands.
Nothing in this subchapter shall be construed as limiting the authority of the Secretary to acquire mineral interests in lands within the recreation area, with or without the consent of the owner. Upon acquisition of any such interest, the lands and/or minerals covered by such interest are by this subchapter withdrawn from entry or appropriation under the United States mining laws and from disposition under all laws pertaining to mineral leasing and all amendments thereto.
Any land or interest in land owned by the State of Idaho or any of its political subdivisions may be acquired only by donation or exchange.
Notwithstanding any other provision of law, any Federal property located within the recreation area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the purposes of this subchapter. Lands acquired by the Secretary or transferred to his administrative jurisdiction within the recreation area shall become parts of the recreation area and of the national forest within or adjacent to which they are located.
Except as otherwise provided, the Secretary shall have the authority to use condemnation as a means of acquiring a clear and marketable title, free of any and all encumbrances.
Source credit: (Pub. L. 92–400, § 3, Aug. 22, 1972, 86 Stat. 612.)
- 1972Enacted · Pub. L. 92-400 · 86 Stat. 612
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-400 on 1972-08-22.
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