16 U.S.C. § 539l–1: Inholdings

Summary

If the Colorado State Land Board says it is willing to transfer land inside the Protection Area, the Secretary must quickly try to make a purchase or exchange deal with the Board. The Secretary must also negotiate with the owner of lands in the Jim Creek drainage inside the Protection Area to buy or exchange those lands, but the United States cannot take them without the owner’s consent. Landowners in the Jim Creek area keep their rights, including reasonable access (which can include motorized access) as agreed between the Forest Service and the owner and as allowed by law and rules. The Secretary must report to the House Committee on Resources and the Senate Committee on Energy and Natural Resources about any agreements or the status of talks either when an agreement is reached or by one year after August 21, 2002, whichever comes first. The report must say how much money is available now to buy the lands and whether more funds are needed. Any lands the United States acquires after August 21, 2002 that fall inside James Peak Wilderness or the Protection Area will be added to and managed as part of those areas.

Title 16, §539l–1

Conservation, Source: USLM XML via OLRC

(a)State Land Board lands

If the Colorado State Land Board informs the Secretary that the Board is willing to transfer to the United States some or all of the lands owned by the Board located within the Protection Area, the Secretary shall promptly seek to reach agreement with the Board regarding terms and conditions for acquisition of such lands by the United States by purchase or exchange.

(b)Jim Creek inholding

(1)Acquisition of lands

The Secretary shall enter into negotiations with the owner of lands located within the portion of the Jim Creek drainage within the Protection Area for the purpose of acquiring the lands by purchase or exchange, but the United States shall not acquire such lands without the consent of the owner of the lands.

(2)Landowner rights

Nothing in this Act shall affect any rights of the owner of lands located within the Jim Creek drainage within the Protection Area, including any right to reasonable access to such lands by motorized or other means as determined by the Forest Service and the landowner consistent with applicable law and relevant and appropriate rules and regulations governing such access.

(c)Report

(1)In general

The Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report concerning any agreement or the status of negotiations conducted pursuant to—

(A)subsection (a), upon conclusion of an agreement for acquisition by the United States of lands referred to in subsection (a), or 1 year after August 21, 2002, whichever occurs first; and

(B)subsection (b), upon conclusion of an agreement for acquisition by the United States of lands referred to in subsection (b), or 1 year after August 21, 2002, whichever occurs first.

(2)Funding information

The report required by this subsection shall indicate to what extent funds are available to the Secretary as of the date of the report for the acquisition of the relevant lands and whether additional funds need to be appropriated or otherwise made available to the Secretary for such purpose.

(d)Management of acquisitions

Any lands within the James Peak Wilderness or the Protection Area acquired by the United States after August 21, 2002, shall be added to the James Peak Wilderness or the Protection Area, respectively, and managed accordingly.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (b)(2), is Pub. L. 107–216, Aug. 21, 2002, 116 Stat. 1055, which is classified principally to sections 539l to 539l–5 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 539l of this title and Tables.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§539l–1 Inholdings