16 U.S.C. § 460y–4 — Authority of Secretary

submitted 56 years ago by Pub. L. 91-476 to r/title-16-CONSERVATION · 1,277 words · no verdicts yet

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The Secretary can hold hearings, buy or trade land, and pay fair value for it. Public land in the Area cannot be sold off, but the Secretary may build facilities and restore land. The Secretary must allow hunting and fishing, with safety exceptions, and may issue further rules.

The Secretary is allowed to do the following things: (1) Conduct public hearings. The Secretary may hold hearings to hear local views about setting up the Area. (2) Acquire land. The Secretary may get land or land interests within the Area by donation, purchase using donated or specially appropriated funds, or exchange, when the Secretary judges it useful for combining public lands to manage the Area well or to meet this law's goals. But the Secretary cannot take, without the owner's consent, land used for homes, farming, or business as of October 21, 1970, as long as that use fits the Area's purposes. Any land the United States acquires this way becomes public land, part of the Area, and subject to all the same rules. (3) Exchange land. When trading land, the Secretary may accept non-federal land in the Area and give the owner public land of no more than equal value, plus funds if needed, when the trade serves the public interest. Rules for exchanges: (A) The public land offered must be in the same county and must be classified by the Secretary as suitable for trading. For five years, such land stays classified as available for exchange. (B) If the private land offered is worth at least two-thirds of the public land's value, the trade can go through if the owner pays the difference — either in cash or a bond guaranteeing more land will be handed over later. Any payment goes to the Treasury. (C) If the public land offered is worth at least two-thirds of the private land's value, the trade can go through if the Secretary pays the difference. (D) Either side of a trade may keep minerals, easements, or use rights for itself, for others, or for the public, subject to reasonable conditions on access and surface use set by the Secretary. If the United States keeps minerals in land it gives away, anyone who later mines those minerals must pay the surface owner for real damage caused by mining — and must first get the surface owner's written consent or post a bond covering possible damages. (4) Pay fair value. When buying land, the Secretary must pay fair market value, which the Secretary decides, possibly using an independent appraisal. (5) Decide public land uses; limit disposal. The Secretary must decide the right public uses for all public land in the Area. Selling off or giving away public land in the Area — including land bought later — is banned, and the land described in section 460y–8 is withdrawn from being claimed or selected under other laws, except as section 460y–5 allows. Still, the Secretary may (A) trade public land for private land within the Area, and (B) issue leases, licenses, contracts, or permits as other laws allow. (6) Build and maintain facilities. The Secretary may build, operate, and maintain roads, trails, and other access and recreation facilities needed to protect, use, and develop the Area. (7) Restore land. The Secretary may replant trees and plants and build soil- and water-saving structures to fight erosion and improve forage and timber growth, wherever needed. (8) Cooperate with others; regulate hunting and fishing. The Secretary may make agreements with California, local governments, and nonprofits to build and run access and recreation facilities, replant land, conserve soil and water, and manage fish and wildlife, including hunting, fishing, and predator control. The Secretary must allow hunting and fishing in the Area under federal and California law, but may set no-hunting or no-fishing zones and times for safety, management, or public enjoyment. Except in emergencies, the Secretary must consult the state fish and game department before making such rules. (9) Make rules. The Secretary may issue whatever regulations and take whatever other steps are needed to carry out this law.

the actual law source: uscode.house.gov ↗public domain

The Secretary is authorized—

(1) Conduct of public hearings

To conduct a public hearing or hearings to receive expression of local views relating to establishment of the area.

(2) Acquisition of land or interests in land by donation, by purchase with donated funds or funds specifically appropriated for such purpose, or by exchange; consent of owner; acquired lands or interests in lands as public lands

To acquire by donation, by purchase with donated funds or with funds appropriated specifically for that purpose, or by exchange, any land or interest in land within the area described in section 460y–8 of this title, which the Secretary, in his judgment, determines to be desirable for consolidation of public lands within the Area in order to facilitate efficient and beneficial management of the public lands or otherwise to accomplish the purposes of this subchapter: Provided, That the Secretary may not acquire, without the consent of the owner, any such lands or interests therein which are utilized on October 21, 1970, for residential, agricultural, or commercial purposes so long as he finds such property is devoted to uses compatible with the purposes of this subchapter. Any lands or interests in lands acquired by the United States under the authority of this section shall, upon acceptance of title, become public lands, and shall become a part of the area subject to all the laws and regulations applicable thereto.

(3) Procedure for acquisition of land or interests in land by exchange

In the exercise of his authority to acquire land or interests in land by exchange under this subchapter, to accept title to any non-Federal land located within the Area and to convey to the grantor of such land not to exceed an equal value of surveyed, unappropriated, and unreserved public lands or interests, in lands and appropriated funds when in his judgment the exchange will be in the public interest, and in accordance with the following:

(A)

The public lands offered in exchange for non-Federal lands or interests in non-Federal lands must be in the same county or counties, and must be classified by the Secretary as suitable for exchange. For a period of five years, any such public lands suitable for transfer to nonpublic ownership shall be classified for exchange under this subchapter.

(B)

If the lands or interests in lands offered in exchange for public lands have a value at least equal to two-thirds of the value of the public lands, the exchange may be completed upon payment to the Secretary of the difference in value, or the submittal of a cash deposit or a performance bond in an amount at least equal to the difference in value assuring that additional lands acceptable to the Secretary and at least equal to the difference in value will be conveyed to the Government within a time certain to be specified by the Secretary. Any such payment made to the Secretary shall be deposited in the Treasury as a miscellaneous receipt.

(C)

If the public lands offered in exchange for non-Federal lands or interests in non-Federal lands have a value at least equal to two-thirds of the value of the non-Federal lands, the exchange may be completed upon payment by the Secretary of the difference in value.

(D)

Either party to an exchange under this subchapter may reserve minerals, easements, or rights of use either for its own benefit, for the benefit of third parties, or for the benefit of the general public. Any such reservation, whether in lands conveyed to or by the United States, shall be subject to such reasonable conditions respecting ingress and egress and the use of the surface of the land as may be deemed necessary by the Secretary. When minerals are reserved in a conveyance by the United States, any person who prospects for or acquires the right to mine and remove the reserved mineral deposits shall be liable to the surface owners according to their respective interests for any actual damage to the surface or to the improvements thereon resulting from prospecting, entering, or mining operations; and such person shall, prior to entering, either obtain the surface owner’s written consent, or file with the Secretary a good and sufficient bond or undertaking to the United States in an amount acceptable to the Secretary for the use and benefit of the surface owner to secure payment of such damages as may be determined in an action brought on the bond or undertaking in a court of competent jurisdiction.

(4) Payment of fair market value for purchased lands; determination by independent appraisal

In the exercise of his authority to purchase lands under this subchapter to pay for any such purchased lands their fair market value, as determined by the Secretary, who may, in his discretion, base his determination on an independent appraisal obtained by him.

(5) Identification of appropriate public uses of public lands and interests therein within Area; disposition of public lands within Area

To identify the appropriate public uses of all of the public lands and interests therein within the Area. Disposition of the public lands within the Area, or any of the lands subsequently acquired as part of the Area, is prohibited, and the lands in the Area described in section 460y–8 of this title are hereby withdrawn from all forms of entry, selection, or location under existing or subsequent law, except as provided in section 460y–5 of this title. Notwithstanding any provision of this section, the Secretary may (A) exchange public lands or interests therein within the area for privately owned lands or interests therein also located within the Area, and (B) issue leases, licenses, contracts, or permits as provided by other laws.

(6) Construction, operation, and maintenance of roads, trails, and other access and recreational facilities within Area

To construct or cause to be constructed and to operate and maintain such roads, trails, and other access and recreational facilities in the area as the Secretary deems necessary and desirable for the proper protection, utilization, and development of the area.

(7) Reforestation and revegetation of lands within Area; installation of soil- and water-conserving works and practices

To reforest and revegetate such lands within the area and install such soil- and water-conserving works and practices to reduce erosion and improve forage and timber capacity as the Secretary deems necessary and desirable.

(8) Cooperative arrangements with State and local governmental agencies, and nonprofit organizations concerning installation, construction, maintenance, and operation of access and recreational facilities, etc.; designation of zones and establishment of periods for hunting and fishing

To enter into such cooperative arrangements with the State of California, local governmental agencies, and nonprofit organizations as the Secretary deems necessary or desirable concerning but not limited to installation, construction, maintenance, and operation of access and recreational facilities, reforestation, revegetation, soil and moisture conservation, and management of fish and wildlife including hunting and fishing and control of predators. The Secretary shall permit hunting and fishing on lands and waters under the jurisdiction within the boundaries of the recreation area in accordance with the applicable laws of the United States and the State of California, except that the Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, fish and wildlife management, or public use and enjoyment. Except in emergencies, any regulations of the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State fish and game department.

(9) Issuance of regulations

To issue such regulations and to do such other things as the Secretary deems necessary and desirable to carry out the terms of this subchapter.

Source credit: (Pub. L. 91–476, § 5, Oct. 21, 1970, 84 Stat. 1068; Pub. L. 95–352, § 2(1), Aug. 20, 1978, 92 Stat. 516.)

history & why it existsrecord from the source credit

1970Enacted · Pub. L. 91-476 · 84 Stat. 1068
1978Amended · Pub. L. 95-352 · 92 Stat. 516

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-476 on 1970-10-21.

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