--- kind: "section" citation: "16 U.S.C. § 460jj–1" title: "16" title_heading: "Conservation" number: "460jj–1" heading: "Land acquisition" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/460jj-1" units: - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores" - "Subchapter XCIV — Arapaho National Recreation Area" --- # §460jj–1. Land acquisition - (a) **Determination of necessity; “scenic easement” defined—** - (1) The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1) by donation, purchase with donated or appropriated funds, exchange, or bequest, any lands or lesser interests therein, including mineral interests and scenic easements, which the [Secretary](/usc/16/410r–5.md?p=c-1) determines are needed to establish and manage the Arapaho National Recreation [Area](/usc/16/539m–1.md?p=1-A). In determining what private property is needed to establish and manage the Arapaho National Recreation [Area](/usc/16/539m–1.md?p=1-A) the [Secretary](/usc/16/410r–5.md?p=c-1) shall utilize the approved county zoning plan to identify those properties whose use or intended use is not in conformance with the overall intent of this subchapter. - (2) As used in this section, the term “scenic easement” means the right to control the use of land in order to carry out this subchapter, but shall not preclude the continuation of any use that is compatible with the overall [management plan](/usc/16/544.md?p=k) for the Arapaho National Recreation [Area](/usc/16/539m–1.md?p=1-A) developed pursuant to subsection (c) of [section 460jj of this title](/usc/16/460jj.md). - (b) **Privately owned land—** In exercising the authority conferred by this section to [acquire](/usc/16/620e.md?p=1) lands, the [Secretary](/usc/16/410r–5.md?p=c-1) shall give prompt and careful consideration to any offer made by an individual owning any land, or interest in land, within the Arapaho National Recreation [Area](/usc/16/539m–1.md?p=1-A). In considering any such offer, the [Secretary](/usc/16/410r–5.md?p=c-1) shall [take](/usc/16/3102.md?p=18) into consideration any hardship to the [owner](/usc/16/429b–3.md?p=4) which might result from any undue delay in acquiring the property. Purchases made under this authority shall be made on a willing buyer, willing seller basis. - (c) **Exchange of property; cash equalization—** In exercising the authority conferred by this section 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 land](/usc/16/3102.md?p=2), or interests therein, located within the Arapaho National Recreation [Area](/usc/16/539m–1.md?p=1-A) and the [Secretary](/usc/16/410r–5.md?p=c-1) may convey in exchange therefor any federally owned lands or interests inlands within the [State](/usc/16/590q.md?p=a) of Colorado which are classified by the [Secretary](/usc/16/410r–5.md?p=c-1) as suitable for exchange and which are under the [Secretary](/usc/16/410r–5.md?p=c-1)’s administrative jurisdiction. The values of any lands or interests in lands 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 [Secretary](/usc/16/410r–5.md?p=c-1) so long as payment does not exceed 25 per centum of the total value of the land or interest in land. In utilizing cash equalization in exchanges the [Secretary](/usc/16/410r–5.md?p=c-1) shall try to reduce the amount of the payment of money to as small an amount as possible. 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 making exchanges of national [forest lands](/usc/16/544.md?p=f). - (d) **State land—** Any land or interest in land owned by the [State](/usc/16/590q.md?p=a) of Colorado or any of its political [subdivisions](/usc/16/539m–1.md?p=15) may be acquired only by donation or exchange. - (e) **Transfer of Federal land—** Notwithstanding any other provision of law, any [Federal lands](/usc/16/620e.md?p=2) or interests in lands located within the Arapaho National Recreation [Area](/usc/16/539m–1.md?p=1-A) shall be transferred without consideration to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for use by the [Secretary](/usc/16/410r–5.md?p=c-1) in carrying out this subchapter. Lands within the Arapaho National Recreation [Area](/usc/16/539m–1.md?p=1-A) acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) or transferred to the [Secretary](/usc/16/410r–5.md?p=c-1)’s administrative jurisdiction shall become part of that recreation [area](/usc/16/539m–1.md?p=1-A) and of the national forest within or adjacent to which they are located: Provided, That the operation and facilities of the Colorado Big Thompson [project](/usc/16/410r–5.md?p=c-4) shall remain under the jurisdiction of the United States Bureau of Reclamation. ## Source credit (Pub. L. 95–450, § 5, Oct. 11, 1978, 92 Stat. 1096.) ## Notes ### Editorial Notes ### References in Text This subchapter, referred to in subsecs. (a) and (e), was in the original “this Act”, meaning Pub. L. 95–450, Oct. 11, 1978, 92 Stat. 1095, which enacted this subchapter and enacted provisions set out as notes under sections 460jj and 1132 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 460jj of this title and Tables.