16 U.S.C. § 3171: Temporary access

Summary

Even if other laws say otherwise, the Secretary must allow a State or private landowner temporary access across certain public lands so they can reach their property for surveys, geophysical work, exploration, or other short-term uses. This covers conservation units, national recreation or conservation areas, the National Petroleum Reserve—Alaska, and lands held for wilderness study. The Secretary can add rules or limits needed to keep the activity consistent with why the land is protected and to make sure it does not cause permanent harm to the land or its resources.

Title 16, §3171

Conservation, Source: USLM XML via OLRC

(a)In general

Notwithstanding any other provision of this Act or other law the Secretary shall authorize and permit temporary access by the State or a private landowner to or across any conservation system unit, national recreation area, national conservation area, the National Petroleum Reserve—Alaska or those public lands designated as wilderness study or managed to maintain the wilderness character or potential thereof, in order to permit the State or private landowner access to its land for purposes of survey, geophysical, exploratory, or other temporary uses thereof whenever he determines such access will not result in permanent harm to the resources of such unit, area, Reserve or lands.

(b)Stipulations and conditions

In providing temporary access pursuant to subsection (a), the Secretary may include such stipulations and conditions he deems necessary to insure that the private use of public lands is accomplished in a manner that is not inconsistent with the purposes for which the public lands are reserved and which insures that no permanent harm will result to the resources of the unit, area, Reserve or lands.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (a), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classification of this Act to the Code, see

Short Title

note set out under section 3101 of this title and Tables.

§3171 Temporary Access