§ 460aa-3. — Private land, regulations.
[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-3]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXV--SAWTOOTH NATIONAL RECREATION AREA
Sec. 460aa-3. Private land, regulations
(a) Use, subdivision and development standards; detail and specificity;
land differences; amendment; promulgation; civil actions:
jurisdiction, complaint, declaratory judgment
The Secretary shall make and publish regulations setting standards
for the use, subdivision, and development of privately owned property
within the boundaries of the recreation area. Such regulations shall be
generally in furtherance of the purposes of this subchapter and shall
have the object of assuring that the highest and best private use,
subdivision, and development of such privately owned property is
consistent with the purposes of this subchapter and with the overall
general plan of the recreation area. Such regulations shall be as
detailed and specific as is reasonably required to accomplish such
objective and purpose. Such regulations may differ amongst the several
parcels of private land in the boundaries and may from time to time be
amended by the Secretary. All regulations adopted under this section
shall be promulgated in conformity with the provisions of subchapter II
of chapter 5, and chapter 7, of title 5. The United States District
Court for the District of Idaho shall have jurisdiction to review any
regulations established pursuant to the first sentence of this
subsection, upon a complaint filed within six months after the effective
date of such regulations, by any affected landowner in an action for a
declaratory judgment.
(b) Condemnation restriction; acquisitions limitation
After publication of such regulations, no privately owned lands
shall be acquired by the Secretary by condemnation unless he determines,
in his judgment, that such lands are being used, or are in imminent
danger of being used, in a manner incompatible with the regulations
established pursuant to this section or unless such lands are determined
to be necessary for access or development, in which case such
acquisitions shall be subject to the 5 per centum limitation established
in section 460aa-2(a) of this title.
(Pub. L. 92-400, Sec. 4, Aug. 22, 1972, 86 Stat. 613.)
Codification
In subsec. (a), ``subchapter II of chapter 5, and chapter 7, of
title 5'' was substituted for ``the Administrative Procedure Act'' on
authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5, Government Organization and
Employees.
Section Referred to in Other Sections
This section is referred to in section 460aa-2 of this title.
