§ 460jj-1. — Land acquisition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460jj-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIV--ARAPAHO NATIONAL RECREATION AREA
Sec. 460jj-1. Land acquisition
(a) Determination of necessity; ``scenic easement'' defined
(1) The Secretary is authorized to acquire by donation, purchase
with donated or appropriated funds, exchange, or bequest, any lands or
lesser interests therein, including mineral interests and scenic
easements, which the Secretary determines are needed to establish and
manage the Arapaho National Recreation Area. In determining what private
property is needed to establish and manage the Arapaho National
Recreation Area the Secretary shall utilize the approved county zoning
plan to identify those properties whose use or intended use is not in
conformance with the overall intent of this subchapter.
(2) As used in this section, the term ``scenic easement'' means the
right to control the use of land in order to carry out this subchapter,
but shall not preclude the continuation of any use that is compatible
with the overall management plan for the Arapaho National Recreation
Area developed pursuant to subsection (c) of section 460jj of this
title.
(b) Privately owned land
In exercising the authority conferred by this section 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 Arapaho National Recreation Area. In considering any such offer, the
Secretary shall take into consideration any hardship to the owner which
might result from any undue delay in acquiring the property. Purchases
made under this authority shall be made on a willing buyer, willing
seller basis.
(c) Exchange of property; cash equalization
In exercising the authority conferred by this section to acquire
property by exchange, the Secretary may accept title to any non-Federal
land, or interests therein, located within the Arapaho National
Recreation Area and the Secretary may convey in exchange therefor any
federally owned lands or interests inlands within the State of Colorado
which are classified by the Secretary as suitable for exchange and which
are under the Secretary's administrative jurisdiction. The values of any
lands or interests in lands 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 so long as payment
does not exceed 25 per centum of the total value of the land or interest
in land. In utilizing cash equalization in exchanges the Secretary shall
try to reduce the amount of the payment of money to as small an amount
as possible. In the exercise of his exchange authority, the Secretary
may utilize authorities and procedures available to him in making
exchanges of national forest lands.
(d) State land
Any land or interest in land owned by the State of Colorado or any
of its political subdivisions may be acquired only by donation or
exchange.
(e) Transfer of Federal land
Notwithstanding any other provision of law, any Federal lands or
interests in lands located within the Arapaho National Recreation Area
shall be transferred without consideration to the administrative
jurisdiction of the Secretary for use by the Secretary in carrying out
this subchapter. Lands within the Arapaho National Recreation Area
acquired by the Secretary or transferred to the Secretary's
administrative jurisdiction shall become part of that recreation area
and of the national forest within or adjacent to which they are located:
Provided, That the operation and facilities of the Colorado Big Thompson
project shall remain under the jurisdiction of the United States Bureau
of Reclamation.
(Pub. L. 95-450, Sec. 5, Oct. 11, 1978, 92 Stat. 1096.)
References in Text
This subchapter, referred to in subsecs. (a) and (e), was in the
original ``this Act'', meaning Pub. L. 95-450, Oct. 11, 1978, 92 Stat.
1095, which enacted this subchapter and enacted provisions set out as
notes under sections 460jj and 1132 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 460jj of this title and Tables.
Section Referred to in Other Sections
This section is referred to in section 460jj-7 of this title.
