§ 460gg-6. — Acquisition of 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: 16USC460gg-6]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCI--HELLS CANYON NATIONAL RECREATION AREA
Sec. 460gg-6. Acquisition of property
(a) Authority of Secretary; manner of acquisition
The Secretary is authorized to acquire such lands or interests in
land (including, but not limited to, scenic easements) as he deems
necessary to accomplish the purposes of this subchapter by purchase with
donated or appropriated funds with the consent of the owner, donation,
or exchange.
(b) Acquisition without consent of owners; limitations; scenic easements
The Secretary is further authorized to acquire by purchase with
donated or appropriated funds such lands or interests in lands without
the consent of the owner only if (1) he deems that all reasonable
efforts to acquire such lands or interests therein by negotiation have
failed, and (2) the total acreage of all other lands within the
recreation area to which he has acquired fee simple title or, lesser
interests therein without the consent of the owner is less than 5 per
centum of the total acreage which is privately owned within the
recreation area on December 31, 1975: Provided, That the Secretary may
acquire scenic easements in lands without the consent of the owner and
without restriction to such 5 per centum limitation: Provided further,
That the Secretary may only acquire scenic easements in lands without
the consent of the owner after the date of publication of the
regulations required by section 460gg-7 of this title when he determines
that such lands are being used, or are in imminent danger of being used,
in a manner incompatible with such regulations.
(c) Donation of Oregon land; donation or exchange of Idaho land
Any land or interest in land owned by the State of Oregon or any of
its political subdivisions may be acquired only by donation. 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.
(d) ``Scenic easement'' defined
As used in this subchapter the term ``scenic easement'' means the
right to control the use of land in order to protect esthetic values for
the purposes of this subchapter, but shall not preclude the continuation
of any farming or pastoral use exercised by the owner as of December 31,
1975.
(e) Offers to sell land; hardship from delay
The Secretary shall give prompt and careful consideration to any
offer made by a person owning land within the recreation area to sell
such land to the United States. The Secretary shall specifically
consider any hardship to such person which might result from an undue
delay in acquiring his property.
(f) Exchange of land; 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 same State which he classifies as suitable for
exchange and which is under his administrative jurisdiction: Provided,
That 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 United States 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.
(g) Acquisition of mineral interests
Notwithstanding any other provision of law, the Secretary is
authorized 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.
(h) Transfer of Federal property to 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 national forest within or
adjacent to which they are located.
(Pub. L. 94-199, Sec. 9, Dec. 31, 1975, 89 Stat. 1120.)
References in Text
The United States mining laws, referred to in subsec. (g), are
classified generally to Title 30, Mineral Lands and Mining.
Section Referred to in Other Sections
This section is referred to in sections 460gg-1, 460gg-7 of this
title.
