16 U.S.C. § 460bbb–4: Acquisition and disposal…

Summary

The Secretary may buy, accept as a gift, trade for, or otherwise get land, water, easements, buildings, or other improvements inside the recreation area when needed. The Secretary must quickly consider any offer from a person or group who wants to sell or trade property. The Secretary cannot buy land that the State of California or its local governments already own, unless it is a gift or a trade. Any land the Secretary gets must follow the rules for the National Forest System and this law. If the Del Norte County Board of Supervisors passes a resolution saying it will accept the land and will pay for a survey, the Secretary must transfer the United States’ interest in two parcels to the county. Each parcel is about 6 acres: one lies north of tract 37 in T. 17 N., R. 3 E., H.M., and the other lies east of that tract and reaches the Middle Fork of the Smith River. If the county tries to give the land to someone else or uses it in a way that does not fit the purpose of this law, the land goes back to the United States. The Secretary must put that condition into the transfer papers. All public land in the recreation area is withdrawn from being claimed, sold, or disposed of under federal public land laws, subject to valid existing rights and the Secretary’s ability to make exchanges.

Title 16, §460bbb–4

Conservation, Source: USLM XML via OLRC

(a)Acquisition

The Secretary is authorized to acquire by purchase, donation, exchange, or otherwise lands, waters, or interests therein (including scenic or other easements), and structures or other improvements thereon, within the boundaries of the recreation area as the Secretary determines appropriate for the purposes of this subchapter. In exercising this authority, the Secretary is directed to give prompt and careful consideration to any offer to sell, exchange, or otherwise dispose of such property made by an individual or organization. The Secretary shall not acquire any land or interest in land owned by the State of California or any of its political subdivisions within the recreation area except by donation or exchange. All lands acquired by the Secretary pursuant to this subchapter shall be subject to the laws and regulations pertaining to the National Forest System and this subchapter.

(b)Transfers to Del Norte County

(1)Upon the adoption of a resolution by the Board of Supervisors of the County of Del Norte, California, accepting title to the lands described in paragraph (2) and subject to the County of Del Norte bearing the cost of the survey of such lands, the Secretary shall transfer all right, title, and interest of the United States in and to the lands described in paragraph (2).

(2)The lands referred to in paragraph (1) are described as follows:

(A)Lands north of tract 37, T. 17 N., R. 3 E., H.M., containing 6 acres, more or less, and more particularly described as: Commencing at the N.E. corner of tract 37, T. 17 N., R. 3 E., H.M.; thence, northerly on a line continuing the eastern boundary of said tract 37 to a point where it intersects the southern boundary of the easement for State highway conveyed to the State of California, Department of Transportation, on the 17th day of May 1977, and recorded on June 22, 1977 at book 206 of Official Records, page 256; thence, southwesterly along the southern boundary of said easement to the point where it intersects the northern boundary of said tract 37; thence, easterly along the northern boundary of said tract 37 to the point of beginning.

(B)Lands east of tract 37, T. 17 N., R. 3 E., H.M., containing 6 acres, more or less, and more particularly described as: Commencing at a point on the eastern boundary of tract 37, T. 17 N., R. 3 E., H.M., lying 332 feet southerly of the N.E. corner of said tract 37; thence, due east to the high water line of the Middle Fork of the Smith River; thence, southwesterly along the high water line of the Middle Fork of the Smith River to its intersection with the northern boundary of tract 38, T. 17 N., R. 3 E.; thence, westerly along the northern boundary of said tract 38 to its intersection with said track 37; thence, northerly along the eastern boundary of said tract 37 to the point of beginning.

(c)Conditions of transfer

Transfer of the lands and interests described in subsection (b)(2) of this section shall be subject to the condition that all right, title, and interest therein shall revert to the United States if the county of Del Norte, California, attempts to transfer any portion of such lands to any other entity or person or if Del Norte County permits any portion of such lands to be used for any purpose incompatible with the purposes of this subchapter. The Secretary shall include in any document of conveyance whereby such lands are transferred to the county of Del Norte appropriate provisions to implement this subsection.

(d)Withdrawal

Subject to valid existing rights, all public lands within the recreation area are hereby withdrawn from entry, sale, or other disposition under the public land laws of the United States. This subsection shall not affect the exchange authorities of the Secretary.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsecs. (a) and (c), was in the original “this Act”, meaning Pub. L. 101–612, Nov. 16, 1990, 104 Stat. 3209, which is classified principally to this subchapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 460bbb of this title and Tables.

§460bbb–4 Acquisition and Disposal of Lands and Other Property