
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
