
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC3192]

 
                         TITLE 16--CONSERVATION
 
         CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
 
                SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
 
Sec. 3192. Land acquisition authority


(a) General authority

    Except as provided in subsections (b) and (c) of this section, the 
Secretary is authorized, consistent with other applicable law in order 
to carry out the purposes of this Act, to acquire by purchase, donation, 
exchange, or otherwise any lands within the boundaries of any 
conservation system unit other than National Forest Wilderness.

(b) Restrictions

    Lands located within the boundaries of a conservation system unit 
which are owned by--
        (A) the State or a political subdivision of the State;
        (B) a Native Corporation or Native Group which has Natives as a 
    majority of its stockholders;
        (C) the actual occupant of a tract, title to the surface estate 
    of which was on, before, or after December 2, 1980, conveyed to such 
    occupant pursuant to section 1613(c)(1) and (h)(5) of title 43, 
    unless the Secretary determines that the tract is no longer occupied 
    for the purpose described in section 1613(c)(1) or (h)(5) of title 
    43 for which the tract was conveyed and that activities on the tract 
    are or will be detrimental to the purposes of the unit in which the 
    tract is located; or
        (D) a spouse or lineal descendant of the actual occupant of a 
    tract described in subparagraph (C), unless the Secretary determines 
    that activities on the tract are or will be detrimental to the 
    purposes of the unit in which the tract is located--

may not be acquired by the Secretary without the consent of the owner.

(c) Exchanges

    Lands located within the boundaries of a conservation system unit 
(other than National Forest Wilderness) which are owned by persons or 
entities other than those described in subsection (b) of this section 
shall not be acquired by the Secretary without the consent of the owner 
unless prior to final judgment on the value of the acquired land, the 
owner, after being offered appropriate land of similar characteristics 
and like value (if such land is available from public lands located 
outside the boundaries of any conservation system unit), chooses not to 
accept the exchange. In identifying public lands for exchange pursuant 
to this subsection, the Secretary shall consult with the Alaska Land Use 
Council.

(d) Improved property

    No improved property shall be acquired under subsection (a) of this 
section without the consent of the owner unless the Secretary first 
determines that such acquisition is necessary to the fulfillment of the 
purposes of this Act or to the fulfillment of the purposes for which the 
concerned conservation system unit was established or expanded.

(e) Retained rights

    The owner of an improved property on the date of its acquisition, as 
a condition of such acquisition, may retain for himself, his heirs and 
assigns, a right of use and occupance of the improved property for 
noncommercial residential or recreational purposes, as the case may be, 
for a definite term of not more than twenty-five years, or in lieu 
thereof, for a term ending at the death of the owner or the death of his 
spouse, whichever is later. The owner shall elect the term to be 
reserved. Unless the property is wholly or partially donated, the 
Secretary shall pay to the owner the fair market value of the owner's 
interest in the property on the date of its acquisition, less the fair 
market value on that date of the right retained by the owner. A right 
retained by the owner pursuant to this section shall be subject to 
termination by the Secretary upon his determination that such right is 
being exercised in a manner inconsistent with the purposes of this Act, 
and it shall terminate by operation of law upon notification by the 
Secretary to the holder of the right of such determination and tendering 
to him the amount equal to the fair market value of that portion which 
remains unexpired.

(f) ``Improved property'' defined

    For the purposes of this section, the term ``improved property'' 
means--
        (1) a detached single family dwelling, the construction of which 
    was begun before January 1, 1980 (hereinafter referred to as the 
    ``dwelling''), together with the land on which the dwelling is 
    situated to the extent that such land--
            (A) is in the same ownership as the dwelling or is Federal 
        land on which entry was legal and proper, and
            (B) is designated by the Secretary to be necessary for the 
        enjoyment of the dwelling for the sole purpose of noncommercial 
        residential use, together with any structures necessary to the 
        dwelling which are situated on the land so designated, or

        (2) property developed for noncommercial recreational uses, 
    together with any structures accessory thereto which were so used on 
    or before January 1, 1980, to the extent that entry onto such 
    property was legal and proper.

In determining when and to what extent a property is to be considered an 
``improved property'', the Secretary shall take into consideration the 
manner of use of such buildings and lands prior to January 1, 1980, and 
shall designate such lands as are reasonably necessary for the continued 
enjoyment of the property in the same manner and to the same extent as 
existed before such date.

(g) Consideration of hardship

    The Secretary shall give prompt and careful consideration to any 
offer made by the owner of any property within a conservation system 
unit to sell such property, if such owner notifies the Secretary that 
the continued ownership is causing, or would result in, undue hardship.

(h) Exchange authority

    (1) Notwithstanding any other provision of law, in acquiring lands 
for the purposes of this Act, the Secretary is authorized to exchange 
lands (including lands within conservation system units and within the 
National Forest System) or interests therein (including Native selection 
rights) with the corporations organized by the Native Groups, Village 
Corporations, Regional Corporations, and the Urban Corporations, and 
other municipalities and corporations or individuals, the State (acting 
free of the restrictions of section 6(i) of the Alaska Statehood Act), 
or any Federal agency. Exchanges shall be on the basis of equal value, 
and either party to the exchange may pay or accept cash in order to 
equalize the value of the property exchanged, except that if the parties 
agree to an exchange and the Secretary determines it is in the public 
interest, such exchanges may be made for other than equal value.
    (2) Nothing in this Act or any other provision of law shall be 
construed as authorizing the Secretary to convey, by exchange or 
otherwise, lands or interest in lands within the coastal plain of the 
Arctic National Wildlife Refuge (other than land validly selected prior 
to July 28, 1987), without prior approval by Act of Congress.

(i) Donation or exchange

    (1) The Secretary is authorized to acquire by donation or exchange, 
lands (A) which are contiguous to any conservation system unit 
established or expanded by this Act, and (B) which are owned or validly 
selected by the State of Alaska.
    (2) Any such lands so acquired shall become a part of such 
conservation system unit.

(Pub. L. 96-487, title XIII, Sec. 1302, Dec. 2, 1980, 94 Stat. 2474; 
Pub. L. 100-395, title II, Sec. 201, Aug. 16, 1988, 102 Stat. 981.)

                       References in Text

    This Act, referred to in subsecs. (a), (d), (e), (h), and (i)(1), is 
Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the 
Alaska National Interest Lands Conservation Act. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 3101 of this title and Tables.
    Section 6(i) of the Alaska Statehood Act, referred to in subsec. 
(h)(1), is section 6(i) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, 
which is set out as a note preceding section 21 of Title 48, Territories 
and Insular Possessions.


                               Amendments

    1988--Subsec. (h). Pub. L. 100-395 designated existing provisions as 
par. (1) and added par. (2).

                  Section Referred to in Other Sections

    This section is referred to in title 43 section 1636.
