Title 43Public LandsRelease 119-73

§1715 Acquisitions of public lands and access over non-Federal lands to National Forest System units

Title 43 › Chapter CHAPTER 35— - FEDERAL LAND POLICY AND MANAGEMENT › Subchapter SUBCHAPTER II— - LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION › § 1715

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Interior can get land or land rights for public lands, and the Secretary of Agriculture can get access across non‑Federal land to reach National Forest units. They may buy, trade, accept donations, or use eminent domain. For public lands, eminent domain may be used only to gain access and only as a narrow corridor as needed. This does not change what the Secretary of Agriculture may do about eminent domain inside National Forest boundaries. Any land they acquire must fit the department’s mission and land‑use plans. When the government accepts title to land obtained under this law or section 1716, the land becomes public land and follows public‑land laws; if it lies inside a grazing district under section 315, it joins that district. Land acquired inside National Forest boundaries can be transferred to the Secretary of Agriculture and become National Forest System land. Land taken in exchange for lands that were revested under the Act of June 9, 1916 (39 Stat. 218) or reconveyed under the Act of February 26, 1919 (40 Stat. 1179) must be treated the same as those original revested or reconveyed lands.

Full Legal Text

Title 43, §1715

Public Lands — Source: USLM XML via OLRC

(a)Notwithstanding any other provisions of law, the Secretary, with respect to the public lands and the Secretary of Agriculture, with respect to the acquisition of access over non-Federal lands to units of the National Forest System, are authorized to acquire pursuant to this Act by purchase, exchange, donation, or eminent domain, lands or interests therein: Provided, That with respect to the public lands, the Secretary may exercise the power of eminent domain only if necessary to secure access to public lands, and then only if the lands so acquired are confined to as narrow a corridor as is necessary to serve such purpose. Nothing in this subsection shall be construed as expanding or limiting the authority of the Secretary of Agriculture to acquire land by eminent domain within the boundaries of units of the National Forest System.
(b)Acquisitions pursuant to this section shall be consistent with the mission of the department involved and with applicable departmental land-use plans.
(c)Except as provided in subsection (e), lands and interests in lands acquired by the Secretary pursuant to this section or section 1716 of this title shall, upon acceptance of title, become public lands, and, for the administration of public land laws not repealed by this Act, shall remain public lands. If such acquired lands or interests in lands are located within the exterior boundaries of a grazing district established pursuant to section 315 of this title, they shall become a part of that district. Lands and interests in lands acquired pursuant to this section which are within boundaries of the National Forest System may be transferred to the Secretary of Agriculture and shall then become National Forest System lands and subject to all the laws, rules, and regulations applicable thereto.
(d)Lands and interests in lands acquired by the Secretary of Agriculture pursuant to this section shall, upon acceptance of title, become National Forest System lands subject to all the laws, rules, and regulations applicable thereto.
(e)Lands acquired by the Secretary pursuant to this section or section 1716 of this title in exchange for lands which were revested in the United States pursuant to the provisions of the Act of June 9, 1916 (39 Stat. 218) or reconveyed to the United States pursuant to the provisions of the Act of February 26, 1919 (40 Stat. 1179), shall be considered for all purposes to have the same status as, and shall be administered in accordance with the same provisions of law applicable to, the revested or reconveyed lands exchanged for the lands acquired by the Secretary.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsecs. (a) and (c), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables. Act of
June 9, 1916, referred to in subsec. (e), is not classified to the Code. Act of
February 26, 1919, referred to in subsec. (e), is act Feb. 26, 1919, ch. 47, 40 Stat. 1179, which is not classified to the Code.

Amendments

1986—Subsec. (c). Pub. L. 99–632, § 5(1), inserted exception relating to subsec. (e). Subsec. (e). Pub. L. 99–632, § 5(2), added subsec. (e).

Reference

Citations & Metadata

Citation

43 U.S.C. § 1715

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73