§ 460aa-2. — Acquisition of land.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460aa-2]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXV--SAWTOOTH NATIONAL RECREATION AREA
Sec. 460aa-2. Acquisition of land
(a) Authority of Secretary; manner; limitation; ``scenic easement''
defined
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.
(b) Offers of land; hardship from acquisition delays
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.
(c) Condemnation proceedings
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.
(d) Exchange of property; cash equalization payments
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.
(e) Mineral interests
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.
(f) State lands
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.
(g) Transfer from Federal agency to administrative jurisdiction of
Secretary
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.
(h) Condemnation authority
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.
(Pub. L. 92-400, Sec. 3, Aug. 22, 1972, 86 Stat. 612.)
References in Text
The United States mining laws, referred to in subsec. (e), are
classified generally to Title 30, Mineral Lands and Mining.
Section Referred to in Other Sections
This section is referred to in section 460aa-3 of this title.
