§460aa–3 Private Land, Regulations

Summary

The Secretary must create and publish rules for how privately owned land inside the recreation area can be used, divided, and developed. The rules must help carry out the subchapter’s purposes and make sure private use fits the area’s overall plan. The rules must be detailed enough to do that. They can be different for different parcels and can be changed later. The rules must be made under the federal rulemaking procedures in subchapter II of chapter 5 and chapter 7 of title 5. Any affected landowner can ask the United States District Court for the District of Idaho to review the rules by filing a declaratory judgment complaint within six months after the rules take effect. After the rules are published, the Secretary must not take privately owned land by condemnation unless the Secretary decides the land is being used, or is in imminent danger of being used, in a way that conflicts with the rules, or unless the land is needed for access or development. If land is taken for access or development, those takings are subject to the 5 percent limit in section 460aa–2(a).