--- kind: "section" citation: "16 U.S.C. § 460gg–6" title: "16" title_heading: "Conservation" number: "460gg–6" heading: "Acquisition of property" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/460gg-6" units: - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores" - "Subchapter XCI — Hells Canyon National Recreation Area" --- # §460gg–6. Acquisition of property - (a) **Authority of Secretary; manner of acquisition—** The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1) such lands or interests in land (including, but not limited to, scenic easements) as he deems necessary to accomplish the purposes of this subchapter by purchase with donated or appropriated funds with the consent of the [owner](/usc/16/429b–3.md?p=4), donation, or exchange. - (b) **Acquisition without consent of owners; limitations; scenic easements—** The [Secretary](/usc/16/410r–5.md?p=c-1) is further authorized to [acquire](/usc/16/620e.md?p=1) by purchase with donated or appropriated funds such lands or interests in lands without the consent of the [owner](/usc/16/429b–3.md?p=4) only if (1) he deems that all reasonable efforts to [acquire](/usc/16/620e.md?p=1) such lands or interests therein by negotiation have failed, and (2) the total acreage of all other lands within the recreation [area](/usc/16/539m–1.md?p=1-A) to which he has acquired fee simple title or, lesser interests therein without the consent of the [owner](/usc/16/429b–3.md?p=4) is less than 5 per centum of the total acreage which is privately owned within the recreation [area](/usc/16/539m–1.md?p=1-A) on December 31, 1975: Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) scenic easements in lands without the consent of the [owner](/usc/16/429b–3.md?p=4) and without restriction to such 5 per centum limitation: Provided further, That the [Secretary](/usc/16/410r–5.md?p=c-1) may only [acquire](/usc/16/620e.md?p=1) scenic easements in lands without the consent of the [owner](/usc/16/429b–3.md?p=4) after the date of publication of the regulations required by [section 460gg–7 of this title](/usc/16/460gg–7.md) when he determines that such lands are being used, or are in imminent danger of being used, in a manner incompatible with such regulations. - (c) **Donation of Oregon land; donation or exchange of Idaho land—** Any land or interest in land owned by the [State](/usc/16/590q.md?p=a) of Oregon or any of its political [subdivisions](/usc/16/539m–1.md?p=15) may be acquired only by donation. Any land or interest in land owned by the [State](/usc/16/590q.md?p=a) of Idaho or any of its political [subdivisions](/usc/16/539m–1.md?p=15) may be acquired only by donation or exchange. - (d) **“Scenic easement” defined—** As used in this subchapter the term “scenic easement” means the right to control the use of land in order to protect esthetic values for the purposes of this subchapter, but shall not preclude the continuation of any farming or pastoral use exercised by the [owner](/usc/16/429b–3.md?p=4) as of December 31, 1975. - (e) **Offers to sell land; hardship from delay—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall give prompt and careful consideration to any offer made by a [person](/usc/16/450rr–1.md?p=b) owning land within the recreation [area](/usc/16/539m–1.md?p=1-A) to sell such land to the United States. The [Secretary](/usc/16/410r–5.md?p=c-1) shall specifically consider any hardship to such [person](/usc/16/450rr–1.md?p=b) which might result from an undue delay in acquiring his property. - (f) **Exchange of land; equalization payments—** In exercising his authority to [acquire](/usc/16/620e.md?p=1) property by exchange, the [Secretary](/usc/16/410r–5.md?p=c-1) may accept title to any non-Federal property, or interests therein, located within the recreation [area](/usc/16/539m–1.md?p=1-A) and, notwithstanding any other provision of law, he may convey in exchange therefor any federally owned property within the same [State](/usc/16/590q.md?p=a) which he classifies as suitable for exchange and which is under his administrative jurisdiction: Provided, That the values of the properties so exchanged shall be approximately equal, or if they are not approximately equal, they shall be equalized by the payment of cash to the grantor or to the United States as the circumstances require. In the exercise of his exchange authority, the [Secretary](/usc/16/410r–5.md?p=c-1) may utilize authorities and procedures available to him in connection with exchanges of national [forest lands](/usc/16/544.md?p=f). - (g) **Acquisition of mineral interests—** Notwithstanding any other provision of law, the [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1) mineral interests in lands within the recreation [area](/usc/16/539m–1.md?p=1-A), with or without the consent of the [owner](/usc/16/429b–3.md?p=4). Upon [acquisition](/usc/16/620e.md?p=1) of any such interest, the lands and/or minerals covered by such interest are by this subchapter withdrawn from entry or appropriation under the United States mining laws and from disposition under all laws pertaining to mineral leasing and all amendments thereto. - (h) **Transfer of Federal property to Secretary—** Notwithstanding any other provision of law, any Federal property located within the recreation [area](/usc/16/539m–1.md?p=1-A) may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for use by him in carrying out the purposes of this subchapter. Lands acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) or transferred to his administrative jurisdiction within the recreation [area](/usc/16/539m–1.md?p=1-A) shall become parts of the national forest within or adjacent to which they are located. ## Source credit (Pub. L. 94–199, § 9, Dec. 31, 1975, 89 Stat. 1120.)