§ 3192. — Land acquisition authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3192]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
Sec. 3192. Land acquisition authority
(a) General authority
Except as provided in subsections (b) and (c) of this section, the
Secretary is authorized, consistent with other applicable law in order
to carry out the purposes of this Act, to acquire by purchase, donation,
exchange, or otherwise any lands within the boundaries of any
conservation system unit other than National Forest Wilderness.
(b) Restrictions
Lands located within the boundaries of a conservation system unit
which are owned by--
(A) the State or a political subdivision of the State;
(B) a Native Corporation or Native Group which has Natives as a
majority of its stockholders;
(C) the actual occupant of a tract, title to the surface estate
of which was on, before, or after December 2, 1980, conveyed to such
occupant pursuant to section 1613(c)(1) and (h)(5) of title 43,
unless the Secretary determines that the tract is no longer occupied
for the purpose described in section 1613(c)(1) or (h)(5) of title
43 for which the tract was conveyed and that activities on the tract
are or will be detrimental to the purposes of the unit in which the
tract is located; or
(D) a spouse or lineal descendant of the actual occupant of a
tract described in subparagraph (C), unless the Secretary determines
that activities on the tract are or will be detrimental to the
purposes of the unit in which the tract is located--
may not be acquired by the Secretary without the consent of the owner.
(c) Exchanges
Lands located within the boundaries of a conservation system unit
(other than National Forest Wilderness) which are owned by persons or
entities other than those described in subsection (b) of this section
shall not be acquired by the Secretary without the consent of the owner
unless prior to final judgment on the value of the acquired land, the
owner, after being offered appropriate land of similar characteristics
and like value (if such land is available from public lands located
outside the boundaries of any conservation system unit), chooses not to
accept the exchange. In identifying public lands for exchange pursuant
to this subsection, the Secretary shall consult with the Alaska Land Use
Council.
(d) Improved property
No improved property shall be acquired under subsection (a) of this
section without the consent of the owner unless the Secretary first
determines that such acquisition is necessary to the fulfillment of the
purposes of this Act or to the fulfillment of the purposes for which the
concerned conservation system unit was established or expanded.
(e) Retained rights
The owner of an improved property on the date of its acquisition, as
a condition of such acquisition, may retain for himself, his heirs and
assigns, a right of use and occupance of the improved property for
noncommercial residential or recreational purposes, as the case may be,
for a definite term of not more than twenty-five years, or in lieu
thereof, for a term ending at the death of the owner or the death of his
spouse, whichever is later. The owner shall elect the term to be
reserved. Unless the property is wholly or partially donated, the
Secretary shall pay to the owner the fair market value of the owner's
interest in the property on the date of its acquisition, less the fair
market value on that date of the right retained by the owner. A right
retained by the owner pursuant to this section shall be subject to
termination by the Secretary upon his determination that such right is
being exercised in a manner inconsistent with the purposes of this Act,
and it shall terminate by operation of law upon notification by the
Secretary to the holder of the right of such determination and tendering
to him the amount equal to the fair market value of that portion which
remains unexpired.
(f) ``Improved property'' defined
For the purposes of this section, the term ``improved property''
means--
(1) a detached single family dwelling, the construction of which
was begun before January 1, 1980 (hereinafter referred to as the
``dwelling''), together with the land on which the dwelling is
situated to the extent that such land--
(A) is in the same ownership as the dwelling or is Federal
land on which entry was legal and proper, and
(B) is designated by the Secretary to be necessary for the
enjoyment of the dwelling for the sole purpose of noncommercial
residential use, together with any structures necessary to the
dwelling which are situated on the land so designated, or
(2) property developed for noncommercial recreational uses,
together with any structures accessory thereto which were so used on
or before January 1, 1980, to the extent that entry onto such
property was legal and proper.
In determining when and to what extent a property is to be considered an
``improved property'', the Secretary shall take into consideration the
manner of use of such buildings and lands prior to January 1, 1980, and
shall designate such lands as are reasonably necessary for the continued
enjoyment of the property in the same manner and to the same extent as
existed before such date.
(g) Consideration of hardship
The Secretary shall give prompt and careful consideration to any
offer made by the owner of any property within a conservation system
unit to sell such property, if such owner notifies the Secretary that
the continued ownership is causing, or would result in, undue hardship.
(h) Exchange authority
(1) Notwithstanding any other provision of law, in acquiring lands
for the purposes of this Act, the Secretary is authorized to exchange
lands (including lands within conservation system units and within the
National Forest System) or interests therein (including Native selection
rights) with the corporations organized by the Native Groups, Village
Corporations, Regional Corporations, and the Urban Corporations, and
other municipalities and corporations or individuals, the State (acting
free of the restrictions of section 6(i) of the Alaska Statehood Act),
or any Federal agency. Exchanges shall be on the basis of equal value,
and either party to the exchange may pay or accept cash in order to
equalize the value of the property exchanged, except that if the parties
agree to an exchange and the Secretary determines it is in the public
interest, such exchanges may be made for other than equal value.
(2) Nothing in this Act or any other provision of law shall be
construed as authorizing the Secretary to convey, by exchange or
otherwise, lands or interest in lands within the coastal plain of the
Arctic National Wildlife Refuge (other than land validly selected prior
to July 28, 1987), without prior approval by Act of Congress.
(i) Donation or exchange
(1) The Secretary is authorized to acquire by donation or exchange,
lands (A) which are contiguous to any conservation system unit
established or expanded by this Act, and (B) which are owned or validly
selected by the State of Alaska.
(2) Any such lands so acquired shall become a part of such
conservation system unit.
(Pub. L. 96-487, title XIII, Sec. 1302, Dec. 2, 1980, 94 Stat. 2474;
Pub. L. 100-395, title II, Sec. 201, Aug. 16, 1988, 102 Stat. 981.)
References in Text
This Act, referred to in subsecs. (a), (d), (e), (h), and (i)(1), is
Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the
Alaska National Interest Lands Conservation Act. For complete
classification of this Act to the Code, see Short Title note set out
under section 3101 of this title and Tables.
Section 6(i) of the Alaska Statehood Act, referred to in subsec.
(h)(1), is section 6(i) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339,
which is set out as a note preceding section 21 of Title 48, Territories
and Insular Possessions.
Amendments
1988--Subsec. (h). Pub. L. 100-395 designated existing provisions as
par. (1) and added par. (2).
Section Referred to in Other Sections
This section is referred to in title 43 section 1636.
