---
kind: "section"
citation: "16 U.S.C. § 3192"
title: "16"
title_heading: "Conservation"
number: "3192"
heading: "Land acquisition authority"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3192"
units:
  - "Chapter 51 — Alaska National Interest Lands Conservation"
  - "Subchapter VI — Administrative Provisions"
---

# §3192. Land acquisition authority

- (a) **General authority—** Except as provided in subsections [(b)](#b) and [(c)](#c) of this section, the [Secretary](/usc/16/410r–5.md?p=c-1) is authorized, consistent with other applicable law in order to carry out the purposes of this Act, to [acquire](/usc/16/620e.md?p=1) by purchase, donation, exchange, or otherwise any lands within the boundaries of any [conservation system unit](/usc/16/3102.md?p=4) other than National Forest [Wilderness](/usc/16/3102.md?p=13).
- (b) **Restrictions—** Lands located within the boundaries of a [conservation system unit](/usc/16/3102.md?p=4) which are owned by—
  - (A) the [State](/usc/16/590q.md?p=a) or a political [subdivision](/usc/16/539m–1.md?p=15) of the [State](/usc/16/590q.md?p=a);
  - (B) a [Native Corporation](/usc/16/3102.md?p=6) or [Native Group](/usc/16/3102.md?p=10) which has [Natives](/usc/16/3102.md?p=16) as a majority of its stockholders;
  - (C) the actual occupant of a tract, title to the surface estate of which was on, before, or after December 2, 1980, conveyed to such occupant pursuant to [section 1613(c)(1)](/usc/16/1613.md) and (h)(5) of [title 43](/usc/43.md), unless the [Secretary](/usc/16/410r–5.md?p=c-1) determines that the tract is no longer occupied for the purpose described in [section 1613(c)(1)](/usc/16/1613.md) or (h)(5) of [title 43](/usc/43.md) for which the tract was conveyed and that activities on the tract are or will be detrimental to the purposes of the [unit](/usc/16/430f–7.md?p=4) in which the tract is located; or
  - (D) a spouse or lineal descendant of the actual occupant of a tract described in [subparagraph (C)](#b-C), unless the [Secretary](/usc/16/410r–5.md?p=c-1) determines that activities on the tract are or will be detrimental to the purposes of the [unit](/usc/16/430f–7.md?p=4) in which the tract is located—

  may not be acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) without the consent of the [owner](/usc/16/429b–3.md?p=4).

- (c) **Exchanges—** Lands located within the boundaries of a [conservation system unit](/usc/16/3102.md?p=4) (other than National Forest [Wilderness](/usc/16/3102.md?p=13)) which are owned by [persons](/usc/16/450rr–1.md?p=b) or entities other than those described in [subsection (b)](#b) of this section shall not be acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) without the consent of the [owner](/usc/16/429b–3.md?p=4) unless prior to final judgment on the value of the acquired land, the [owner](/usc/16/429b–3.md?p=4), after being offered appropriate land of similar characteristics and like value (if such land is available from [public lands](/usc/16/620e.md?p=7) located outside the boundaries of any [conservation system unit](/usc/16/3102.md?p=4)), chooses not to accept the exchange. In identifying [public lands](/usc/16/620e.md?p=7) for exchange pursuant to this subsection, the [Secretary](/usc/16/410r–5.md?p=c-1) shall consult with the Alaska Land Use Council.
- (d) **Improved property—** No [improved property](/usc/16/251h.md?p=2) shall be acquired under [subsection (a)](#a) without the consent of the [owner](/usc/16/429b–3.md?p=4) unless the [Secretary](/usc/16/410r–5.md?p=c-1) first determines that such [acquisition](/usc/16/620e.md?p=1) is necessary to the fulfillment of the purposes of this Act or to the fulfillment of the purposes for which the concerned [conservation system unit](/usc/16/3102.md?p=4) was established or expanded.
- (e) **Retained rights—** The [owner](/usc/16/429b–3.md?p=4) of an [improved property](/usc/16/251h.md?p=2) on the date of its [acquisition](/usc/16/620e.md?p=1), as a condition of such [acquisition](/usc/16/620e.md?p=1), may retain for himself, his heirs and assigns, a right of use and occupancy of the [improved property](/usc/16/251h.md?p=2) for noncommercial residential or recreational purposes, as the case may be, for a definite term of not more than twenty-five years, or in lieu thereof, for a term ending at the death of the [owner](/usc/16/429b–3.md?p=4) or the death of his spouse, whichever is later. The [owner](/usc/16/429b–3.md?p=4) shall elect the term to be reserved. Unless the property is wholly or partially donated, the [Secretary](/usc/16/410r–5.md?p=c-1) shall pay to the [owner](/usc/16/429b–3.md?p=4) the fair market value of the [owner](/usc/16/429b–3.md?p=4)’s interest in the property on the date of its [acquisition](/usc/16/620e.md?p=1), less the fair market value on that date of the right retained by the [owner](/usc/16/429b–3.md?p=4). A right retained by the [owner](/usc/16/429b–3.md?p=4) pursuant to this section shall be subject to termination by the [Secretary](/usc/16/410r–5.md?p=c-1) upon his determination that such right is being exercised in a manner inconsistent with the purposes of this Act, and it shall terminate by operation of law upon notification by the [Secretary](/usc/16/410r–5.md?p=c-1) to the holder of the right of such determination and tendering to him the amount equal to the fair market value of that portion which remains unexpired.
- (f) **“Improved property” defined—** For the purposes of this section, the term “[improved property](/usc/16/251h.md?p=2)” means—
  - (1) a detached single family dwelling, the construction of which was begun before January 1, 1980 (hereinafter referred to as the “dwelling”), together with the land on which the dwelling is situated to the extent that such land—
    - (A) is in the same ownership as the dwelling or is [Federal land](/usc/16/3102.md?p=2) on which entry was legal and proper, and
    - (B) is designated by the [Secretary](/usc/16/410r–5.md?p=c-1) to be necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures necessary to the dwelling which are situated on the land so designated, or
  - (2) property developed for noncommercial recreational uses, together with any structures accessory thereto which were so used on or before January 1, 1980, to the extent that entry onto such property was legal and proper.

  In determining when and to what extent a property is to be considered an “[improved property](/usc/16/251h.md?p=2)”, the [Secretary](/usc/16/410r–5.md?p=c-1) shall [take](/usc/16/3102.md?p=18) into consideration the manner of use of such buildings and lands prior to January 1, 1980, and shall designate such lands as are reasonably necessary for the continued enjoyment of the property in the same manner and to the same extent as existed before such date.

- (g) **Consideration of hardship—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall give prompt and careful consideration to any offer made by the [owner](/usc/16/429b–3.md?p=4) of any property within a [conservation system unit](/usc/16/3102.md?p=4) to sell such property, if such [owner](/usc/16/429b–3.md?p=4) notifies the [Secretary](/usc/16/410r–5.md?p=c-1) that the continued ownership is causing, or would result in, undue hardship.
- (h) **Exchange authority—**
  - (1) Notwithstanding any other provision of law, in acquiring lands for the purposes of this Act, the [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to exchange lands (including lands within [conservation system units](/usc/16/3102.md?p=4) and within the National Forest System) or interests therein (including [Native](/usc/16/3102.md?p=16) selection rights) with the corporations organized by the [Native Groups](/usc/16/3102.md?p=10), [Village Corporations](/usc/16/3102.md?p=8), [Regional Corporations](/usc/16/3102.md?p=7), and the [Urban Corporations](/usc/16/3102.md?p=9), and other municipalities and corporations or individuals, the [State](/usc/16/590q.md?p=a) (acting free of the restrictions of section 6(i) of the [Alaska Statehood Act](/usc/16/3102.md?p=14)), or any Federal agency. Exchanges shall be on the basis of equal value, and either party to the exchange may pay or accept cash in order to equalize the value of the property exchanged, except that if the parties agree to an exchange and the [Secretary](/usc/16/410r–5.md?p=c-1) determines it is in the public interest, such exchanges may be made for other than equal value.
  - (2) Nothing in this Act or any other provision of law shall be construed as authorizing the [Secretary](/usc/16/410r–5.md?p=c-1) to convey, by exchange or otherwise, lands or interest in lands within the coastal plain of the Arctic National Wildlife Refuge (other than land validly selected prior to July 28, 1987), without prior approval by Act of Congress.
- (i) **Donation or exchange—**
  - (1) The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1) by donation or exchange, lands (A) which are contiguous to any [conservation system unit](/usc/16/3102.md?p=4) established or expanded by this Act, and (B) which are owned or validly selected by the [State](/usc/16/590q.md?p=a) of Alaska.
  - (2) Any such lands so acquired shall become a part of such [conservation system unit](/usc/16/3102.md?p=4).

## Source credit

(Pub. L. 96–487, title XIII, § 1302, Dec. 2, 1980, 94 Stat. 2474; Pub. L. 100–395, title II, § 201, Aug. 16, 1988, 102 Stat. 981.)

## Notes

### Editorial Notes

### References in Text

This Act, referred to in subsecs. (a), (d), (e), (h), and (i)(1), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.

Section 6(i) of the Alaska Statehood Act, referred to in subsec. (h)(1), is section 6(i) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, which is set out as a note preceding section 21 of Title 48, Territories and Insular Possessions.

### Amendments

1988—Subsec. (h). Pub. L. 100–395 designated existing provisions as par. (1) and added par. (2).