16 U.S.C. § 460jj–1: Land acquisition

Summary

The Secretary can get land or smaller land rights for the Arapaho National Recreation Area by donation, purchase with donated or appropriated money, exchange, or bequest. This can include mineral rights and scenic easements. The Secretary must use the approved county zoning plan to find private properties whose use doesn't match the area's purpose. Scenic easement: the right to control how land is used to carry out the area's plan, while allowing uses that fit the management plan. The Secretary must promptly consider offers from private owners and weigh any hardship from delays. Purchases must be on a willing buyer, willing seller basis. The Secretary may trade non‑Federal land inside the area for federal land in Colorado that is suitable. Values should be about equal or made equal with cash up to 25% of the total value, and cash payments should be kept as small as possible. State land may only be acquired by donation or exchange. Federal lands in the area are transferred to the Secretary’s control without payment and become part of the recreation area and nearby national forest, but the Colorado Big Thompson project stays under the Bureau of Reclamation.

Title 16, §460jj–1

Conservation, Source: USLM XML via OLRC

(a)Determination of necessity; “scenic easement” defined

(1)The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, exchange, or bequest, any lands or lesser interests therein, including mineral interests and scenic easements, which the Secretary determines are needed to establish and manage the Arapaho National Recreation Area. In determining what private property is needed to establish and manage the Arapaho National Recreation Area the Secretary shall utilize the approved county zoning plan to identify those properties whose use or intended use is not in conformance with the overall intent of this subchapter.

(2)As used in this section, the term “scenic easement” means the right to control the use of land in order to carry out this subchapter, but shall not preclude the continuation of any use that is compatible with the overall management plan for the Arapaho National Recreation Area developed pursuant to subsection (c) of section 460jj of this title.

(b)Privately owned land (c) Exchange of property; cash equalization

In exercising the authority conferred by this section to acquire lands, the Secretary shall give prompt and careful consideration to any offer made by an individual owning any land, or interest in land, within the Arapaho National Recreation Area. In considering any such offer, the Secretary shall take into consideration any hardship to the owner which might result from any undue delay in acquiring the property. Purchases made under this authority shall be made on a willing buyer, willing seller basis.

(d)State land (e) Transfer of Federal land

Any land or interest in land owned by the State of Colorado or any of its political subdivisions may be acquired only by donation or exchange.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsecs. (a) and (e), was in the original “this Act”, meaning Pub. L. 95–450, Oct. 11, 1978, 92 Stat. 1095, which enacted this subchapter and enacted provisions set out as notes under section 460jj and 1132 of this title. For complete classification of this Act to the Code, see

Short Title

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

§460jj–1 Land Acquisition