Title 16, ConservationRelease 119-110

§460aa–3 Private Land, Regulations

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER LXXXV — SAWTOOTH NATIONAL RECREATION AREA › § 460aa–3

Last updated Sep 22, 2026|Official source

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).

Full Legal Text

Title 16, §460aa–3

Conservation, Source: USLM XML via OLRC

(a)Use, subdivision and development standards; detail and specificity; land differences; amendment; promulgation; civil actions: jurisdiction, complaint, declaratory judgment
The Secretary shall make and publish regulations setting standards for the use, subdivision, and development of privately owned property within the boundaries of the recreation area. Such regulations shall be generally in furtherance of the purposes of this subchapter and shall have the object of assuring that the highest and best private use, subdivision, and development of such privately owned property is consistent with the purposes of this subchapter and with the overall general plan of the recreation area. Such regulations shall be as detailed and specific as is reasonably required to accomplish such objective and purpose. Such regulations may differ amongst the several parcels of private land in the boundaries and may from time to time be amended by the Secretary. All regulations adopted under this section shall be promulgated in conformity with the provisions of subchapter II of chapter 5, and chapter 7, of title 5. The United States District Court for the District of Idaho shall have jurisdiction to review any regulations established pursuant to the first sentence of this subsection, upon a complaint filed within six months after the effective date of such regulations, by any affected landowner in an action for a declaratory judgment.
(b)Condemnation restriction; acquisitions limitation
After publication of such regulations, no privately owned lands shall be acquired by the Secretary by condemnation unless he determines, in his judgment, that such lands are being used, or are in imminent danger of being used, in a manner incompatible with the regulations established pursuant to this section or unless such lands are determined to be necessary for access or development, in which case such acquisitions shall be subject to the 5 per centum limitation established in section 460aa–2(a) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a), “subchapter II of chapter 5, and chapter 7, of title 5” was substituted for “the Administrative Procedure Act” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460aa–3

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110