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16 U.S.C. § 460z–5Land acquisition in inland sector

submitted 54 years ago by Pub. L. 92-260 to r/title-16-CONSERVATION · 266 words · no verdicts yet

in plain englishAI-generated · not legal advice

In the inland sector, most property needs the owner's consent before the Secretary can buy it. Timberland under sustained-yield management also needs consent, unless the Secretary needs it for recreation access. The Secretary must then limit harm to nearby, unacquired forestry land.

Inside the inland sector, the Secretary may only get these kinds of property with the owner's consent: (a) "Improved property," as defined later in this subchapter. (b) Property used for business or industry, if that's the same use it had on December 31, 1970, or if the Secretary has certified that use as fitting or supporting this subchapter's purposes. (c) Timberland managed for sustained yield, as long as the Secretary finds that management follows standards — for harvesting, replanting, and cleanup — at least as strict as those on comparable national forest land. However, the Secretary may take such land without the owner's consent if it's essential for recreation use, or for access to or protecting recreation facilities. When acquiring this land, the Secretary must, wherever practical, limit the impact on access to, or reasonable sustained-yield forestry use of, nearby land that isn't acquired. (d) Property used mainly for private, noncommercial recreation as of December 31, 1970 — but only if any improvements made after that date are certified by the Secretary as fitting this subchapter's purposes.
the actual law source: uscode.house.gov ↗public domain

Within the inland sector established by section 460z–2 of this title the Secretary may acquire the following classes of property only with the consent of the owner:

(a)

improved property as hereinafter defined;

(b)

property used for commercial or industrial purposes if such commercial or industrial purposes are the same such purposes for which the property was being used on December 31, 1970, or such commercial or industrial purposes have been certified by the Secretary or his designee as compatible with or furthering the purposes of this subchapter;

(c)

timberlands under sustained yield management so long as the Secretary determines that such management is being conducted in accordance with standards for timber production, including but not limited to harvesting reforestation, and debris cleanup, not less stringent than management standards imposed by the Secretary on comparable national forest lands: Provided, That the Secretary may acquire such lands or interests therein without the consent of the owner if he determines that such lands or interests are essential for recreation use or for access to or protection of recreation developments within the purposes of this subchapter. In any acquisition of such lands or interests the Secretary shall, to the extent practicable, minimize the impact of such acquisition on access to or the reasonable economic use for sustained yield forestry of adjoining lands not acquired; and

(d)

property used on December 31, 1970, primarily for private, noncommercial recreational purposes if any improvements made to such property after said date are certified by the Secretary of Agriculture or his designee as compatible with the purposes of this subchapter.

Source credit: (Pub. L. 92–260, § 7, Mar. 23, 1972, 86 Stat. 100.)

history & why it existsrecord from the source credit
  • 1972Enacted · Pub. L. 92-260 · 86 Stat. 100

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-260 on 1972-03-23.

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