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16 U.S.C. § 460m–1Acquisition of lands, easements, etc.; exchange of lands; consent of State; reversion to State; administrative jurisdiction of Federal lands or waters

submitted 62 years ago by Pub. L. 88-492 to r/title-16-CONSERVATION · 249 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can buy land and easements for the Ozark National Scenic Riverways. Scenic easements need the owner's consent, and small farms along the Current or Jacks Fork Rivers must be bought whole unless the owner agrees to sell only part. Missouri can get its land back if it stops being used for the riverway.

The Secretary may acquire land and interests in land, including scenic easements, within the area set by section 460m–3. This can be done in any way the Secretary thinks serves the public interest. Scenic easements are different. The Secretary can only get a scenic easement if the landowner agrees to it. Small farms get special protection. If a parcel of land is 500 acres or less, borders the Current River or the Jacks Fork River, and is mainly used for farming, the Secretary must acquire the whole parcel. The only exception is if the owner agrees to sell just part of it. Some acquired land can be swapped. If the Secretary buys land that turns out to be outside the riverway's boundary map, the Secretary can trade it for other land of about equal value that is inside the boundary. Missouri's own land needs the state's okay. The Secretary can acquire land and water owned by the State of Missouri only if the state agrees. Despite any other law, the deal can include a condition that the land goes back to Missouri if it stops being used for the National Scenic Riverway. Federal land automatically transfers. Once the riverway is officially established under section 460m–3, any federal land or water inside its boundaries moves to the Secretary's control. No money changes hands for this transfer. That land then becomes part of the Ozark National Scenic Riverways.
the actual law source: uscode.house.gov ↗public domain

The Secretary may, within the area designated or altered pursuant to section 460m–3 of this title, acquire lands and interests therein, including scenic easements, by such means as he may deem to be in the public interest: Provided, That scenic easements may only be acquired with the consent of the owner of the lands or waters thereof: And provided further, That any parcel of land containing not more than five hundred acres, which borders either the Current River or the Jacks Fork River, and which is being primarily used for agricultural purposes, shall be acquired by the Secretary in its entirety unless the owner of any such parcel consents to the acquisition of a part thereof. Property so acquired which lies outside the boundary generally depicted on the map referred to in section 460m of this title may be exchanged by the Secretary for any land of approximately equal value within the boundaries. Lands and waters owned by the State of Missouri within such area may be acquired with the consent of the State and, notwithstanding any other provision of law, subject to provision for reversion to such State conditioned upon continued use of the property for National Scenic Riverway. Federally owned lands or water lying within such area shall, upon establishment of the area pursuant to section 460m–3 of this title, be transferred to the administrative jurisdiction of the Secretary, without transfer of funds, for administration as part of the Ozark National Scenic Riverways.

Source credit: (Pub. L. 88–492, § 2, Aug. 27, 1964, 78 Stat. 608; Pub. L. 92–272, title IV, § 401, Apr. 11, 1972, 86 Stat. 122.)

history & why it existsrecord from the source credit
  • 1964Enacted · Pub. L. 88-492 · 78 Stat. 608
  • 1972Amended · Pub. L. 92-272 · 86 Stat. 122

A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-492 on 1964-08-27.

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