43 Usc 1715

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[CITE: 43USC1715]

TITLE 43--PUBLIC LANDS

CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER II--LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION

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

(a) Authorization and limitations on authority of Secretary of the
Interior and Secretary of Agriculture

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) 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.

(c) 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

Except as provided in subsection (e) of this section, 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repealed by this Act, shall remain public lands.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) 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.

(e) Status and administration of lands acquired in exchange for lands
revested in or reconveyed to United States

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.

(Pub. L. 94-579, title II, Sec. 205, Oct. 21, 1976, 90 Stat. 2755; Pub.
L. 99-632, Sec. 5, Nov. 7, 1986, 100 Stat. 3521.)

References in Text

This Act, referred to in subsecs. (a) and (c), is Pub. L. 94-579,
Oct. 21, 1976, 90 Stat. 2743, as amended, known as the Federal Land
Policy and Management Act of 1976. For complete classification of this
Act to the Code, see Tables.
The public land laws, referred to in subsec. (c), are classified
generally to this title.
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, Sec. 5(1), inserted exception
relating to subsec. (e).
Subsec. (e). Pub. L. 99-632, Sec. 5(2), added subsec. (e).

Section Referred to in Other Sections

This section is referred to in sections 1716, 1748 of this title.