16 U.S.C. § 698a: Acquisition of property for…

Summary

The Secretary must begin negotiating to buy land in the preserve right after the preserve boundaries are published. He must not buy mineral rights or existing utility, pipeline, or railroad easements without the owner’s permission unless he finds those rights are being used or likely to be used in ways that harm the preserve. He should avoid buying properties with buildings when reasonably possible and try to limit such purchases. Within one year after October 11, 1974, the Secretary must send a written plan to the House Committee on Interior and Insular Affairs and to the Appropriations Committees. The plan must show the lands needed for protection and public use, lands already obtained, and a five-year acquisition program with funding levels. Congress intends the land-buying program be largely finished within six years after October 11, 1974.

Title 16, §698a

Conservation, Source: USLM XML via OLRC

(a)Mineral rights; easements; improved properties

The Secretary shall, immediately after the publication of the boundaries of the preserve, commence negotiations for the acquisition of the lands located therein: Provided, That he shall not acquire the mineral estate in any property or existing easements for public utilities, pipelines or railroads without the consent of the owner unless, in his judgment, he first determines that such property or estate is subject to, or threatened with, uses which are, or would be, detrimental to the purposes and objectives of sections 698 to 698e of this title: Provided further, That the Secretary, insofar as is reasonably possible, may avoid the acquisition of improved properties, as defined in sections 698 to 698e of this title, and shall make every effort to minimize the acquisition of land where he finds it necessary to acquire properties containing improvements.

(b)Plan to Congressional committees; time; contents

Within one year after October 11, 1974, the Secretary shall submit, in writing, to the Committee on Interior and Insular Affairs and to the Committees on Appropriations of the United States Congress a detailed plan which shall indicate:

(i)the lands and areas which he deems essential to the protection and public enjoyment of this preserve,

(ii)the lands which he has previously acquired by purchase, donation, exchange or transfer for administration for the purpose of this preserve, and

(iii)the annual acquisition program (including the level of funding) which he recommends for the ensuing five fiscal years.

(c)Completion of land acquisition program; time

It is the express intent of the Congress that the Secretary should substantially complete the land acquisition program contemplated by sections 698 to 698e of this title within six years after October 11, 1974.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution No. 4 (popularly cited as the “Committee System Reorganization

Amendments

of 1977”), approved Feb. 4, 1977. Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.

§698a Acquisition of Property for Big Thicket Preserve