§ 460y-4. — Authority of Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460y-4]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIII--KING RANGE NATIONAL CONSERVATION AREA
Sec. 460y-4. Authority of Secretary
The Secretary is authorized--
(1) Conduct of public hearings
To conduct a public hearing or hearings to receive expression of
local views relating to establishment of the area.
(2) Acquisition of land or interests in land by donation, by
purchase with donated funds or funds specifically
appropriated for such purpose, or by exchange;
consent of owner; acquired lands or interests in
lands as public lands
To acquire by donation, by purchase with donated funds or with
funds appropriated specifically for that purpose, or by exchange,
any land or interest in land within the area described in section
460y-8 of this title, which the Secretary, in his judgment,
determines to be desirable for consolidation of public lands within
the Area in order to facilitate efficient and beneficial management
of the public lands or otherwise to accomplish the purposes of this
subchapter: Provided, That the Secretary may not acquire, without
the consent of the owner, any such lands or interests therein which
are utilized on October 21, 1970, for residential, agricultural, or
commercial purposes so long as he finds such property is devoted to
uses compatible with the purposes of this subchapter. Any lands or
interests in lands acquired by the United States under the authority
of this section shall, upon acceptance of title, become public
lands, and shall become a part of the area subject to all the laws
and regulations applicable thereto.
(3) Procedure for acquisition of land or interests in land
by exchange
In the exercise of his authority to acquire land or interests in
land by exchange under this subchapter, to accept title to any non-
Federal land located within the Area and to convey to the grantor of
such land not to exceed an equal value of surveyed, unappropriated,
and unreserved public lands or interests, in lands and appropriated
funds when in his judgment the exchange will be in the public
interest, and in accordance with the following:
(A) The public lands offered in exchange for non-Federal
lands or interests in non-Federal lands must be in the same
county or counties, and must be classified by the Secretary as
suitable for exchange. For a period of five years, any such
public lands suitable for transfer to nonpublic ownership shall
be classified for exchange under this subchapter.
(B) If the lands or interests in lands offered in exchange
for public lands have a value at least equal to two-thirds of
the value of the public lands, the exchange may be completed
upon payment to the Secretary of the difference in value, or the
submittal of a cash deposit or a performance bond in an amount
at least equal to the difference in value assuring that
additional lands acceptable to the Secretary and at least equal
to the difference in value will be conveyed to the Government
within a time certain to be specified by the Secretary. Any such
payment made to the Secretary shall be deposited in the Treasury
as a miscellaneous receipt.
(C) If the public lands offered in exchange for non-Federal
lands or interests in non-Federal lands have a value at least
equal to two-thirds of the value of the non-Federal lands, the
exchange may be completed upon payment by the Secretary of the
difference in value.
(D) Either party to an exchange under this subchapter may
reserve minerals, easements, or rights of use either for its own
benefit, for the benefit of third parties, or for the benefit of
the general public. Any such reservation, whether in lands
conveyed to or by the United States, shall be subject to such
reasonable conditions respecting ingress and egress and the use
of the surface of the land as may be deemed necessary by the
Secretary. When minerals are reserved in a conveyance by the
United States, any person who prospects for or acquires the
right to mine and remove the reserved mineral deposits shall be
liable to the surface owners according to their respective
interests for any actual damage to the surface or to the
improvements thereon resulting from prospecting, entering, or
mining operations; and such person shall, prior to entering,
either obtain the surface owner's written consent, or file with
the Secretary a good and sufficient bond or undertaking to the
United States in an amount acceptable to the Secretary for the
use and benefit of the surface owner to secure payment of such
damages as may be determined in an action brought on the bond or
undertaking in a court of competent jurisdiction.
(4) Payment of fair market value for purchased lands;
determination by independent appraisal
In the exercise of his authority to purchase lands under this
subchapter to pay for any such purchased lands their fair market
value, as determined by the Secretary, who may, in his discretion,
base his determination on an independent appraisal obtained by him.
(5) Identification of appropriate public uses of public
lands and interests therein within Area; disposition
of public lands within Area
To identify the appropriate public uses of all of the public
lands and interests therein within the Area. Disposition of the
public lands within the Area, or any of the lands subsequently
acquired as part of the Area, is prohibited, and the lands in the
Area described in section 460y-8 of this title are hereby withdrawn
from all forms of entry, selection, or location under existing or
subsequent law, except as provided in section 460y-5 of this title.
Notwithstanding any provision of this section, the Secretary may (A)
exchange public lands or interests therein within the area for
privately owned lands or interests therein also located within the
Area, and (B) issue leases, licenses, contracts, or permits as
provided by other laws.
(6) Construction, operation, and maintenance of roads,
trails, and other access and recreational facilities
within Area
To construct or cause to be constructed and to operate and
maintain such roads, trails, and other access and recreational
facilities in the area as the Secretary deems necessary and
desirable for the proper protection, utilization, and development of
the area.
(7) Reforestation and revegetation of lands within Area;
installation of soil- and water-conserving works and
practices
To reforest and revegetate such lands within the area and
install such soil- and water-conserving works and practices to
reduce erosion and improve forage and timber capacity as the
Secretary deems necessary and desirable.
(8) Cooperative arrangements with State and local
governmental agencies, and nonprofit organizations
concerning installation, construction, maintenance,
and operation of access and recreational facilities,
etc.; designation of zones and establishment of
periods for hunting and fishing
To enter into such cooperative arrangements with the State of
California, local governmental agencies, and nonprofit organizations
as the Secretary deems necessary or desirable concerning but not
limited to installation, construction, maintenance, and operation of
access and recreational facilities, reforestation, revegetation,
soil and moisture conservation, and management of fish and wildlife
including hunting and fishing and control of predators. The
Secretary shall permit hunting and fishing on lands and waters under
the jurisdiction within the boundaries of the recreation area in
accordance with the applicable laws of the United States and the
State of California, except that the Secretary may designate zones
where, and establish periods when, no hunting or fishing shall be
permitted for reasons of public safety, administration, fish and
wildlife management, or public use and enjoyment. Except in
emergencies, any regulations of the Secretary pursuant to this
section shall be put into effect only after consultation with the
appropriate State fish and game department.
(9) Issuance of regulations
To issue such regulations and to do such other things as the
Secretary deems necessary and desirable to carry out the terms of
this subchapter.
(Pub. L. 91-476, Sec. 5, Oct. 21, 1970, 84 Stat. 1068; Pub. L. 95-352,
Sec. 2(1), Aug. 20, 1978, 92 Stat. 516.)
Amendments
1978--Par. (3)(B). Pub. L. 95-352 inserted provisions relating to
deposit of receipts into Treasury.
Section Referred to in Other Sections
This section is referred to in section 460y-9 of this title.
