Sec. 5. Lands to provide or increase recreational and other opportunities
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/bill/114/hr/5836/ih/section-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For purposes of this subsection, the term recreational beneficial land means land or an interest in land, the acquisition of which the United States would, in the judgment of the Secretary concerned provide an opportunity— for hunting, recreational fishing, recreational shooting, recreational off-highway vehicles, or other recreational purposes; or to achieve better management of public land through consolidation of Federal ownership. Before initiating efforts to acquire land under this subsection, the Secretary concerned shall obtain the concurrence of each affected State and unit of local government within whose jurisdiction the lands are located, including appropriate planning and regulatory agencies, and with other interested persons, concerning the necessity of making the acquisition, the potential impacts on State and local government, and other appropriate aspects of the acquisition.
Concurrence under this paragraph is in addition to any other consultation required by law. After the consultation process has been completed in accordance with paragraph (3), the Secretary concerned may acquire, with the proceeds of the special account, recreational beneficial land and interests in recreational beneficial land. Lands may not be acquired by eminent domain or condemnation or without the consent of the owner thereof. Funds made available from the special account may be used with any other funds made available under any other provision of law or any other non-Federal matching funds provided by a nongovernmental organization.
The fair market value of land or an interest in land to be acquired by the Secretary concerned under this section shall be determined pursuant to section 206 of the Federal Land Policy and Management Act of 1976 and shall be consistent with other applicable requirements and standards. Fair market value shall be determined without regard to the presence of a species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). Subparagraph
(H)of section 6901(1) of title 31, United States Code, is amended by inserting or the Hunting, Education, and Recreational Development Act after the Southern Nevada Public Land Management Act of 1998 . The total land acreage acquired annually under this Act shall not exceed the total Federal land acreage disposed of annually under this Act.
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Sec. 5
Lands to provide or increase recreational and other opportunities
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