U.S. Code » Title 16 » Chapter CHAPTER 51— ALASKA NATIONAL INTEREST LANDS CONSERVATION › Subchapter SUBCHAPTER VI— ADMINISTRATIVE PROVISIONS

16 U.S.C. § 3210

Access by owner to nonfederally owned land

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(a) Reasonable use and enjoyment of land within boundaries of National Forest System

Notwithstanding any other provision of law, and subject to such terms and conditions as the Secretary of Agriculture may prescribe, the Secretary shall provide such access to nonfederally owned land within the boundaries of the National Forest System as the Secretary deems adequate to secure to the owner the reasonable use and enjoyment thereof: Provided, That such owner comply with rules and regulations applicable to ingress and egress to or from the National Forest System.

(b) Reasonable use and enjoyment of land surrounded by public lands managed by Secretary

Notwithstanding any other provision of law, and subject to such terms and conditions as the Secretary of the Interior may prescribe, the Secretary shall provide such access to nonfederally owned land surrounded by public lands managed by the Secretary under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701–82) as the Secretary deems adequate to secure to the owner the reasonable use and enjoyment thereof: Provided, That such owner comply with rules and regulations applicable to access across public lands.

(Pub. L. 96–487, title XIII, § 1323, Dec. 2, 1980, 94 Stat. 2488.)Editorial NotesReferences in Text

The Federal Land Policy and Management Act of 1976, referred to in subsec. (b), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables.

Notes of Decisions
Cited in 44 cases (8 in the last 5 years), 1988–2026 · leading case: Lester G. Adams & Jean D. Adams, Individually & as Trs. of the 1984 Living Trust v. United States, 255 F.3d 787 (9th Cir. 2001).
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Lester G. Adams & Jean D. Adams, Individually & as Trs. of the 1984 Living Trust v. United States, 255 F.3d 787 (9th Cir. 2001). · cites it 2× “16 U.S.C. § 3210 (a). However, § 1323(a) explicitly conditions access on the inholder’s compliance with the “rules and regulations applicable to ingress and egress to or from the National Forest System.”
United States v. Tommy A. Srnsky David M. Srnsky, 271 F.3d 595 (4th Cir. 2001). · cites it 3× “16 U.S.C. § 3210 (a) (emphasis added). This subsection, however, must be read in pari materia with the next subsection.”
Rocky Mountain Wild v. Dallas, 98 F.4th 1263 (10th Cir. 2024). · cites it 2× “” 16 U.S.C. § 3210 (a). As part of the land exchange proposal, LMJV offered to trade approximately 177 acres of the upland portion of its inholding for 205 acres of USFS’s low-lying land that abutted Highway 160.”
Burlison v. United States, 533 F.3d 419 (6th Cir. 2008). · cites it 2× “” The Ninth Circuit subsequently held in Adams II that pursuant to “FLPMA, 16 U.S.C. § 3210 (a) of ANILCA, and the special use authorization regulations at 36 C.”
Nat'l Parks Conservation Ass'n v. United States Forest Serv., 177 F. Supp. 3d 1 (D.D.C. 2016). “” 16 U.S.C. § 3210 (a). Although ANICLA, in general, applies to national forests in Alaska, courts have determined that its "reasonable use” provision has a “nation-wide effect,” and is thus applicable to national forests throughout the United States.”
United States v. Jenks, 129 F.3d 1348 (10th Cir. 1997). · cites it 2× “16 U.S.C. § 3210 (a). Jenks, however, refused to comply with the government’s demands.”
Utah Env't Cong. v. Troyer, 479 F.3d 1269 (10th Cir. 2007). “According to the record, the Alaska National Interest Lands Conservation Act of 1980 (ANILCA), 16 U.S.C. § 3210 , requires that owners of non-federal land within the NF system be provided adequate access to their land.”
Colorado Wild, Inc. v. United States Forest Serv., 523 F. Supp. 2d 1213 (D. Colo. 2007). · cites it 2× “LMJV also argues it will be harmed if the injunction issues because it will deprive LMJV of its right, pursuant to section 1323(a) of the Alaska National Interest Lands Conservation Act (“ANILCA”), 16 U.S.C. § 3210 (a), to obtain access to its property across National Forest…”
Mountain States Legal Found. v. Espy, 833 F. Supp. 808 (D. Idaho 1993). · cites it 4× “4 In Count II, the plaintiffs allege that the Forest Service has failed to provide them with adequate access to their inhold-ings as required under the Alaska National Interest Lands Conservation Act (“ANIL-CA”), 16 U.S.C. § 3210 (a). In Count III, the plaintiffs allege that…”
Fitzgerald v. United States, 932 F. Supp. 1195 (D. Ariz. 1996). · cites it 2× “On June 14, 1989, the Chief suspended the appeal to await the promulgation of regulations that were supposed to implement Section 1323(a) of the Alaska National Interest Lands Conservation act (“ANILCA”), 16 U.S.C. § 3210 (a). PSOF, 49. On June 14, 1991, the Forest Service…”
United States v. Jenks, 22 F.3d 1513 (10th Cir. 1994). · cites it 3× “” 16 U.S.C. § 3210 (a). II. The current controversy results from the Forest Service’s attempt to regulate Defendant’s access to his inholdings pursuant to ANILCA and FLPMA.”
Bunyard v. US, Dept. of Agric., Forest Serv., 301 F. Supp. 2d 1052 (D. Ariz. 2004). · cites it 3× “§ 2477); and (3) quiet title ( 16 U.S.C. § 3210 (a) (“ANILCA”)). (See Amended Complaint, Doc.”
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