
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: 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.
