Page:United States Statutes at Large Volume 86.djvu/655

 86 STAT. ]

PUBLIC LAW 92-400-AUG. 22, 1972

TWR'

which might result from any undue delay in acquiring his property. (c) The Secretary may utilize condemnation proceedings without Condemnation the consent of the owner to acquire private lands or interests therein proceedings. pursuant to this section only in cases where, in his judgment, all reasonable efforts to acquire such lands or interests therein by negotiation have failed, and m such cases he shall acquire only such title as, in his judgment, is reasonably necessary to accomplish the objectives of this Act. Non-Federal (d) I n exercising his authority to acquire property by exchange, the property exSecretary may accept title to any non-Federal property, or interests change. therein, located within the recreation area and, notwithstanding any other provision of law, he may convey in exchange therefor any federally owned property within the State of Idaho which he classifies as suitable for exchange and which is under his administrative jurisdiction. The values of the properties so exchanged shall be appi-oximately equal or, if they are not approximately equal, they shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. In the exercise of his exchange authority, the Secretary may utilize authorities and procedures available to him in connection with exchanges of national forest lands. (e) Nothing in this Act shall be construed as limiting the author- Mineral interity of the Secretary to acquire mineral interests in lands within the ests. recreation area, with or without the consent of the owner. Upon acquisition of any such interest, the lands and/or minerals covered by such interest are by this Act withdrawn from entry or appropriation under the United States mining laws and from disposition under all laws pertaining to mineral leasing and all amendments thereto. (f) Any land or interest in land owned by the State of Idaho or any of its political subdivisions may be acquired only by donation or exchange. (g) Notwithstanding any other provision of law, any Federal property located within the recreation area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carrying out the purposes of this Act. Lands acquired by the Secretary or transferred to his administrative jurisdiction within the recreation area shall become parts of the recreation area and of the national forest within or adjacent to which they are located. (h) Except as otherwise provided, the Secretary shall have the Condemnation authority to use condemnation as a means of acquiring a clear and authority. marketable title, free of any and all encumbrances. SEC. 4. (a) The Secretary shall make and publish regulations set- Private land. ting standards for the use, subdivision, and development of privately '•^^"lation owned property within the boundaries of the recreation area. Such regulations shall be generally in furtherance of the purposes of this Act 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 Act 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 the 237. Administrative Procedure Act. The United States District Court for 60uStat.prec. 5 se the District of Idaho shall have jurisdiction to review any regulations 551 note. 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.

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