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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 16 U.S.C. § 460aa3 Private land, regulations us united_states_code code_section 16 CONSERVATION 1 NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES 460aa3 16 U.S.C. § 460aa3 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip /us/usc/t16/s460aa3 data/legal/raw/us/code/title-16/usc16.xml 238a67dc9f39e4597d90b6d73bcbe6a7c902e32f9a47883a39a73b72ec863a53 7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503 4bd9b4a95e4bc72056663f736d94dbd1ac96666eb8585382a13466a24ebc0e58 2026-07-04 official
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16 U.S.C. § 460aa3 - Private land, regulations

Text

(a) Use, subdivision and development standards; detail and specificity; land differences; amendment; promulgation; civil actions: jurisdiction, complaint, declaratory judgment The Secretary shall make and publish regulations setting standards for the use, subdivision, and development of privately owned property within the boundaries of the recreation area. Such regulations shall be generally in furtherance of the purposes of this subchapter and shall have the object of assuring that the highest and best private use, subdivision, and development of such privately owned property is consistent with the purposes of this subchapter and with the overall general plan of the recreation area. Such regulations shall be as detailed and specific as is reasonably required to accomplish such objective and purpose. Such regulations may differ amongst the several parcels of private land in the boundaries and may from time to time be amended by the Secretary. All regulations adopted under this section shall be promulgated in conformity with the provisions of subchapter II of chapter 5, and chapter 7, of title 5. The United States District Court for the District of Idaho shall have jurisdiction to review any regulations established pursuant to the first sentence of this subsection, upon a complaint filed within six months after the effective date of such regulations, by any affected landowner in an action for a declaratory judgment.

(b) Condemnation restriction; acquisitions limitation After publication of such regulations, no privately owned lands shall be acquired by the Secretary by condemnation unless he determines, in his judgment, that such lands are being used, or are in imminent danger of being used, in a manner incompatible with the regulations established pursuant to this section or unless such lands are determined to be necessary for access or development, in which case such acquisitions shall be subject to the 5 per centum limitation established in section 460aa2(a) of this title.

(Pub. L. 92400, § 4, Aug. 22, 1972, 86 Stat. 613.)

Notes

Editorial Notes

Codification In subsec. (a), “subchapter II of chapter 5, and chapter 7, of title 5” was substituted for “the Administrative Procedure Act” on authority of Pub. L. 89554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.