§ 1715. Acquisitions of public lands and access over non-Federal lands to National Forest System units

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1976

   Pub. L. 94–579 title II § 205 · 90 Stat. 2743

   Enacted · 43 U.S.C. § 1715

   Pub. L. 94–579, title II, § 205, Oct. 21, 1976, 90 Stat. 2755

   Source evidence

   Code source credit
   Pub. L. 94–579, title II, § 205, Oct. 21, 1976, 90 Stat. 2755

   Enacted provision · exact public law section
   Sec. 205. acquisitions (a) Notwithstanding any other provisions of law, the 43 USC 1715. Secretary, with inspect 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 lie 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) Lands and interests in lands acquired by the Secretary pursuant to this section or section 206 shall, upon acceptance of title, become public lands, and, for the administration of public land laws not repealed by this Act, shall remain public lands.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 the first section of the Act of June 28, 1934 (48 Stat. 1269, as amended; 43 U.S.C. 315) (commonly known as the “Taylor Grazing Act”), 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.

2. 1986

   Pub. L. 99–632 § 5(1) · 100 Stat. 3520

   Inserted · 43 U.S.C. § 1715(c)

   Pub. L. 99–632, § 5(1), inserted exception relating to subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–632, § 5(1), inserted exception relating to subsec. (e).

   Enacted provision · exact public law section
   (1) in the first sentence of subsection (c) by striking out “Lands and interests” and inserting in lieu thereof “Except as provided in subsection (e), lands and interests”; and

3. 1986

   Pub. L. 99–632 § 5(2) · 100 Stat. 3520

   Added · 43 U.S.C. § 1715(e)

   Pub. L. 99–632, § 5(2), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 99–632, § 5(2), added subsec. (e).

   Enacted provision · exact public law section
   (2) by adding at the end thereof the following new subsection: “(e) Lands acquired by the Secretary pursuant to this section or section 206 in exchange for lands which were revested in the United 43 USC 1716. 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 16 USC 342. 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.”.

3 of 3 references resolved to an enrolled provision