§698a — Title 16 Conservation | U.S. Code

Summary

The Secretary must start negotiating to buy the lands inside the preserve as soon as the preserve boundaries are published. He must not take mineral rights or existing utility, pipeline, or railroad easements without the owner’s consent unless he first decides those rights or easements are now used, or likely to be used, in ways that would harm the preserve. He should, as much as reasonably possible, avoid buying improved properties and try to limit buying land that has buildings or other improvements. Within one year after October 11, 1974, the Secretary must send a written plan to the Committee on Interior and Insular Affairs and to the Committees on Appropriations of the United States Congress showing which lands are essential, which lands he already owns for the preserve, and a recommended annual acquisition and funding program for the next five fiscal years. Congress intends that most land buying be done within six years after October 11, 1974.

Title 16, §698a

Conservation — Source: USLM XML via OLRC

(a)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)Within one year after October 11, 1974, the Secretary shall submit, in writing, to the Committee 11 So in original. Probably should be “Committees”. 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)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