§1715 — Title 43 Public Lands | U.S. Code

Summary

The Secretary (for public lands) and the Secretary of Agriculture (for getting access across non‑Federal land to National Forest units) can acquire land or land rights by purchase, exchange, donation, or eminent domain. The Secretary may use eminent domain for public lands only when needed to get access, and only in the smallest corridor needed. This does not change the Secretary of Agriculture’s power to use eminent domain inside National Forest boundaries. Any land bought under this rule must fit the department’s mission and land‑use plans. When title is accepted, land acquired under this rule or under section 1716 becomes public land, and public land laws apply. If the land is inside a grazing district under section 315, it joins that district. Land inside National Forest boundaries may be given to the Secretary of Agriculture and become National Forest System land, and land acquired by the Secretary of Agriculture becomes National Forest System land when title is accepted. Land the Secretary gets in exchange for lands that were revested or reconveyed to the United States under the Acts of June 9, 1916 (39 Stat. 218) or February 26, 1919 (40 Stat. 1179) keeps the same legal status and is managed the same way as those original lands.

Title 43, §1715

Public Lands — Source: USLM XML via OLRC

(a)Notwithstanding any other provisions of law, the Secretary, with respect to the public lands and the Secretary of Agriculture, with respect to the acquisition of access over non-Federal lands to units of the National Forest System, are authorized to acquire pursuant to this Act by purchase, exchange, donation, or eminent domain, lands or interests therein: Provided, That with respect to the public lands, the Secretary may exercise the power of eminent domain only if necessary to secure access to public lands, and then only if the lands so acquired are confined to as narrow a corridor as is necessary to serve such purpose. Nothing in this subsection shall be construed as expanding or limiting the authority of the Secretary of Agriculture to acquire land by eminent domain within the boundaries of units of the National Forest System.

(b)Acquisitions pursuant to this section shall be consistent with the mission of the department involved and with applicable departmental land-use plans.

(c)Except as provided in subsection (e), lands and interests in lands acquired by the Secretary pursuant to this section or section 1716 of this title shall, upon acceptance of title, become public lands, and, for the administration of public land laws not repealed by this Act, shall remain public lands. If such acquired lands or interests in lands are located within the exterior boundaries of a grazing district established pursuant to section 315 of this title, they shall become a part of that district. Lands and interests in lands acquired pursuant to this section which are within boundaries of the National Forest System may be transferred to the Secretary of Agriculture and shall then become National Forest System lands and subject to all the laws, rules, and regulations applicable thereto.

(d)Lands and interests in lands acquired by the Secretary of Agriculture pursuant to this section shall, upon acceptance of title, become National Forest System lands subject to all the laws, rules, and regulations applicable thereto.

(e)Lands acquired by the Secretary pursuant to this section or section 1716 of this title in exchange for lands which were revested in the United States pursuant to the provisions of the Act of June 9, 1916 (39 Stat. 218) or reconveyed to the United States pursuant to the provisions of the Act of February 26, 1919 (40 Stat. 1179), shall be considered for all purposes to have the same status as, and shall be administered in accordance with the same provisions of law applicable to, the revested or reconveyed lands exchanged for the lands acquired by the Secretary.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsecs. (a) and (c), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables. Act of

June 9, 1916, referred to in subsec. (e), is not classified to the Code. Act of

February 26, 1919, referred to in subsec. (e), is act Feb. 26, 1919, ch. 47, 40 Stat. 1179, which is not classified to the Code.

Amendments

1986—Subsec. (c). Pub. L. 99–632, § 5(1), inserted exception relating to subsec. (e). Subsec. (e). Pub. L. 99–632, § 5(2), added subsec. (e).

§1715 Acquisitions of Public Lands and Access Over Non-federal Lands to National Forest System Units