§460aa–3 — Title 16 Conservation | U.S. Code

Summary

The Secretary must create and publish rules for how privately owned land inside the recreation area can be used, divided into lots, and developed. The rules must support the area's purposes and overall plan, be as detailed as needed, may vary by parcel, and can be changed. They must be made following the rulemaking parts of title 5 (subchapter II of chapter 5 and chapter 7). Affected landowners can ask the U.S. District Court for the District of Idaho to review a rule, but they must file a complaint within six months after the rule takes effect. After the rules are published, the Secretary may only take private land by condemnation if the land is being used, or is in imminent danger of being used, in ways that conflict with the rules, or if the land is needed for access or development. Such takings are subject to the 5 per centum limitation in section 460aa–2(a).

Title 16, §460aa–3

Conservation — Source: USLM XML via OLRC

(a)The Secretary shall make and publish regulations setting standards for the use, subdivision, and development of privately owned property within the boundaries of the recreation area. Such regulations shall be generally in furtherance of the purposes of this subchapter and shall have the object of assuring that the highest and best private use, subdivision, and development of such privately owned property is consistent with the purposes of this subchapter and with the overall general plan of the recreation area. Such regulations shall be as detailed and specific as is reasonably required to accomplish such objective and purpose. Such regulations may differ amongst the several parcels of private land in the boundaries and may from time to time be amended by the Secretary. All regulations adopted under this section shall be promulgated in conformity with the provisions of subchapter II of chapter 5, and chapter 7, of title 5. The United States District Court for the District of Idaho shall have jurisdiction to review any regulations established pursuant to the first sentence of this subsection, upon a complaint filed within six months after the effective date of such regulations, by any affected landowner in an action for a declaratory judgment.

(b)After publication of such regulations, no privately owned lands shall be acquired by the Secretary by condemnation unless he determines, in his judgment, that such lands are being used, or are in imminent danger of being used, in a manner incompatible with the regulations established pursuant to this section or unless such lands are determined to be necessary for access or development, in which case such acquisitions shall be subject to the 5 per centum limitation established in section 460aa–2(a) of this title.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a), “subchapter II of chapter 5, and chapter 7, of title 5” was substituted for “the Administrative Procedure Act” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

§460aa–3 Private land, regulations

Summary

Title 16, §460aa–3

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata