§460aa–2 Acquisition of Land

Summary

The Secretary can acquire land or parts of land inside the recreation area by gift, purchase with donated or government money, swap, will, or other means. This can include mineral rights and scenic easements. Land taken for access, recreation, or related facilities cannot be more than 5% of the total private acreage in the area as of August 22, 1972. A scenic easement is the right to control land use to protect how it looks, but it cannot stop any use the owner was doing on August 22, 1972. The Secretary must quickly and carefully consider any offer from an owner inside the area and look at any hardship caused by delay. He may use condemnation (eminent domain) without the owner’s consent only after reasonable negotiations fail, and then only to get the title needed; he also has authority to use condemnation to obtain a clear, marketable title free of encumbrances. He may accept non-Federal land inside the area and swap it for Federal land in the State of Idaho that he has approved. Values must be about equal or adjusted with cash. Mineral interests may be bought with or without the owner’s consent, and once acquired those lands or minerals are withdrawn from U.S. mining and mineral-leasing laws. State-owned land may be taken only by donation or exchange. Federal property in the area can be moved to the Secretary’s control, with the other agency’s agreement and no payment, and such lands become part of the recreation area and the nearby national forest.