§ 460bbb-4. — Acquisition and disposal of lands and other property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460bbb-4]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXIII--SMITH RIVER NATIONAL RECREATION AREA
Sec. 460bbb-4. Acquisition and disposal of lands and other
property
(a) Acquisition
The Secretary is authorized to acquire by purchase, donation,
exchange, or otherwise lands, waters, or interests therein (including
scenic or other easements), and structures or other improvements
thereon, within the boundaries of the recreation area as the Secretary
determines appropriate for the purposes of this subchapter. In
exercising this authority, the Secretary is directed to give prompt and
careful consideration to any offer to sell, exchange, or otherwise
dispose of such property made by an individual or organization. The
Secretary shall not acquire any land or interest in land owned by the
State of California or any of its political subdivisions within the
recreation area except by donation or exchange. All lands acquired by
the Secretary pursuant to this subchapter shall be subject to the laws
and regulations pertaining to the National Forest System and this
subchapter.
(b) Transfers to Del Norte County
(1) Upon the adoption of a resolution by the Board of Supervisors of
the County of Del Norte, California, accepting title to the lands
described in paragraph (2) and subject to the County of Del Norte
bearing the cost of the survey of such lands, the Secretary shall
transfer all right, title, and interest of the United States in and to
the lands described in paragraph (2).
(2) The lands referred to in paragraph (1) are described as follows:
(A) Lands north of tract 37, T. 17 N., R. 3 E., H.M., containing
6 acres, more or less, and more particularly described as:
Commencing at the N.E. corner of tract 37, T. 17 N., R. 3
E., H.M.; thence, northerly on a line continuing the eastern
boundary of said tract 37 to a point where it intersects the
southern boundary of the easement for State highway conveyed to
the State of California, Department of Transportation, on the
17th day of May 1977, and recorded on June 22, 1977 at book 206
of Official Records, page 256; thence, southwesterly along the
southern boundary of said easement to the point where it
intersects the northern boundary of said tract 37; thence,
easterly along the northern boundary of said tract 37 to the
point of beginning.
(B) Lands east of tract 37, T. 17 N., R. 3 E., H.M., containing
6 acres, more or less, and more particularly described as:
Commencing at a point on the eastern boundary of tract 37,
T. 17 N., R. 3 E., H.M., lying 332 feet southerly of the N.E.
corner of said tract 37; thence, due east to the high water line
of the Middle Fork of the Smith River; thence, southwesterly
along the high water line of the Middle Fork of the Smith River
to its intersection with the northern boundary of tract 38, T.
17 N., R. 3 E.; thence, westerly along the northern boundary of
said tract 38 to its intersection with said track 37; thence,
northerly along the eastern boundary of said tract 37 to the
point of beginning.
(c) Conditions of transfer
Transfer of the lands and interests described in subsection (b)(2)
of this section shall be subject to the condition that all right, title,
and interest therein shall revert to the United States if the county of
Del Norte, California, attempts to transfer any portion of such lands to
any other entity or person or if Del Norte County permits any portion of
such lands to be used for any purpose incompatible with the purposes of
this subchapter. The Secretary shall include in any document of
conveyance whereby such lands are transferred to the county of Del Norte
appropriate provisions to implement this subsection.
(d) Withdrawal
Subject to valid existing rights, all public lands within the
recreation area are hereby withdrawn from entry, sale, or other
disposition under the public land laws of the United States. This
subsection shall not affect the exchange authorities of the Secretary.
(Pub. L. 101-612, Sec. 6, Nov. 16, 1990, 104 Stat. 3213.)
References in Text
The public land laws, referred to in subsec. (d), are classified
generally to Title 43, Public Lands.
