16 U.S.C. § 271a: Acquisition of lands…

Summary

The Secretary of the Interior can buy or otherwise get land and land rights inside the park. He can take title to non-Federal land inside the park, including State school sections and riverbeds, and trade for federally owned land under his control in Utah even if other laws would say no. The lands traded should be the same kind and about equal in value. The Secretary can accept or pay cash to make values equal. If the State of Utah files a proper application, the Secretary must finish transfers within 120 days after September 12, 1964, or any later amendment. Federal land inside the park can be moved under the Secretary’s administration, with the agreeing agency and without payment, for park use. Any park lands that were under Bureau of Reclamation or Federal Power Commission withdrawals are released from those withdrawals and on September 12, 1964 become part of Canyonlands National Park, subject only to this subchapter or its amendments.

Title 16, §271a

Conservation, Source: USLM XML via OLRC

Within the area which lies within the boundaries of the park, the Secretary of the Interior is authorized to acquire lands and interests in lands by such means as he may deem to be in the public interest. The Secretary may accept title to any non-Federal property within the park, including State-owned school sections and riverbed lands, and in exchange therefor he may convey to the grantor of such property any federally owned property under his jurisdiction within the State of Utah, notwithstanding any other provision of law. The properties so exchanged shall be of the same classification, as near as may be, and shall be of approximately equal value, and the Secretary shall take administrative action to complete transfer on any lands in a proper application by the State of Utah on or before the expiration of one hundred twenty days following the date of enactment of this Act [September 12, 1964] or any amendment thereto: Provided, That the Secretary may accept cash from, or pay cash to, the grantor in such an exchange in order to equalize the values of the properties exchanged. Federal property located within the boundaries of the park may, with the concurrence of the agency having custody thereof, be transferred to the administrative jurisdiction of the Secretary of the Interior, without consideration, for use by him in carrying out the purposes of this subchapter. Any lands within the boundaries of the park which are subject to Bureau of Reclamation or Federal Power Commission withdrawals are hereby freed and exonerated from any such withdrawal and shall, on September 12, 1964, become a part of the Canyonlands National Park subject to no qualifications except those imposed by this subchapter or any amendment thereto.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Date of enactment of this Act or any amendment thereto, referred to in text, means Sept. 12, 1964, date of enactment of Pub. L. 88–590, originally classified to sections 271 to 271d of this title, and Nov. 12, 1971, date of enactment of Pub. L. 92–154, amendatory of Pub. L. 88–590 and classified to sections 271 to 271b, 271e to 271g of this title.

Amendments

1971—Pub. L. 92–154 struck out “described in section 271 of this title” after “Within the area”, inserted in third sentence “or any amendment thereto” after “the date of enactment of this Act”, and inserted in fifth sentence “or any amendment thereto” after “this subchapter”.

Statutory Notes and Related Subsidiaries

Transfer of Functions

The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by section 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare.

§271a Acquisition of Lands; Authority of Secretary; Exchange of Property; Cash Equalization Payments; Transfer From Federal Agency to Administrative Jurisdiction of Secretary; Lands Subject to Reclamation and Power Withdrawals