Authorization and limitations on authority of Secretary of the Interior and Secretary of Agriculture
ProvidedNotwithstanding 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: , 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.
Conformity to departmental policies and land-use plan of acquisitions
Acquisitions pursuant to this section shall be consistent with the mission of the department involved and with applicable departmental land-use plans.
Status of lands and interests in lands upon acquisition by Secretary of the Interior; transfers to Secretary of Agriculture of lands and interests in lands acquired within National Forest System boundaries
section 1716 of this titlesection 315 of this titleExcept as provided in subsection (e), lands and interests in lands acquired by the Secretary pursuant to this section or shall, upon acceptance of title, become public lands, and, for the administration of public land laws not repealed by this Act, shall remain public lands.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 , 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.
Status of lands and interests in lands upon acquisition by Secretary of Agriculture
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.
Status and administration of lands acquired in exchange for lands revested in or reconveyed to United States
section 1716 of this title39 Stat. 21840 Stat. 1179Lands acquired by the Secretary pursuant to this section or in exchange for lands which were revested in the United States pursuant to the provisions of the Act of () or reconveyed to the United States pursuant to the provisions of the Act of (), 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.
Pub. L. 94–579, title II, § 20590 Stat. 2755Pub. L. 99–632, § 5100 Stat. 3521(, , ; , , .)
Editorial Notes
References in Text
Pub. L. 94–57990 Stat. 2743This Act, referred to in subsecs. (a) and (c), is , , , known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.
Act of , referred to in subsec. (e), is not classified to the Code.
act Feb. 26, 1919, ch. 4740 Stat. 1179Act of , referred to in subsec. (e), is , , which is not classified to the Code.
Amendments
Pub. L. 99–632, § 5(1)1986—Subsec. (c). , inserted exception relating to subsec. (e).
Pub. L. 99–632, § 5(2)Subsec. (e). , added subsec. (e).