U.S. Code » Title 43 » Chapter CHAPTER 35— FEDERAL LAND POLICY AND MANAGEMENT › Subchapter SUBCHAPTER II— LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION

43 U.S.C. § 1715

Acquisitions of public lands and access over non-Federal lands to National Forest System units

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(a) Authorization and limitations on authority of Secretary of the Interior and Secretary of Agriculture

Notwithstanding any other provisions of law, the Secretary, with respect to the public lands and the Secretary of Agriculture, with respect to the acquisition of access over non-Federal lands to units of the National Forest System, are authorized to acquire pursuant to this Act by purchase, exchange, donation, or eminent domain, lands or interests therein: Provided, That with respect to the public lands, the Secretary may exercise the power of eminent domain only if necessary to secure access to public lands, and then only if the lands so acquired are confined to as narrow a corridor as is necessary to serve such purpose. Nothing in this subsection shall be construed as expanding or limiting the authority of the Secretary of Agriculture to acquire land by eminent domain within the boundaries of units of the National Forest System.

(b) Conformity to departmental policies and land-use plan of acquisitions

Acquisitions pursuant to this section shall be consistent with the mission of the department involved and with applicable departmental land-use plans.

(c) Status of lands and interests in lands upon acquisition by Secretary of the Interior; transfers to Secretary of Agriculture of lands and interests in lands acquired within National Forest System boundaries

Except as provided in subsection (e), lands and interests in lands acquired by the Secretary pursuant to this section or section 1716 of this title shall, upon acceptance of title, become public lands, and, for the administration of public land laws not repealed by this Act, shall remain public lands. If such acquired lands or interests in lands are located within the exterior boundaries of a grazing district established pursuant to section 315 of this title, they shall become a part of that district. Lands and interests in lands acquired pursuant to this section which are within boundaries of the National Forest System may be transferred to the Secretary of Agriculture and shall then become National Forest System lands and subject to all the laws, rules, and regulations applicable thereto.

(d) Status of lands and interests in lands upon acquisition by Secretary of Agriculture

Lands and interests in lands acquired by the Secretary of Agriculture pursuant to this section shall, upon acceptance of title, become National Forest System lands subject to all the laws, rules, and regulations applicable thereto.

(e) Status and administration of lands acquired in exchange for lands revested in or reconveyed to United States

Lands acquired by the Secretary pursuant to this section or section 1716 of this title in exchange for lands which were revested in the United States pursuant to the provisions of the Act of June 9, 1916 (39 Stat. 218) or reconveyed to the United States pursuant to the provisions of the Act of February 26, 1919 (40 Stat. 1179), shall be considered for all purposes to have the same status as, and shall be administered in accordance with the same provisions of law applicable to, the revested or reconveyed lands exchanged for the lands acquired by the Secretary.

(Pub. L. 94–579, title II, § 205, Oct. 21, 1976, 90 Stat. 2755; Pub. L. 99–632, § 5, Nov. 7, 1986, 100 Stat. 3521.)Editorial NotesReferences in Text

This Act, referred to in subsecs. (a) and (c), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.

Act of June 9, 1916, referred to in subsec. (e), is not classified to the Code.

Act of February 26, 1919, referred to in subsec. (e), is act Feb. 26, 1919, ch. 47, 40 Stat. 1179, which is not classified to the Code.

Amendments

1986—Subsec. (c). Pub. L. 99–632, § 5(1), inserted exception relating to subsec. (e).

Subsec. (e). Pub. L. 99–632, § 5(2), added subsec. (e).

Notes of Decisions
Cited in 10 cases (5 in the last 5 years), 1982–2026 · leading case: Boundary Backpackers v. Boundary Cnty., 913 P.2d 1141 (Idaho 1996).
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Boundary Backpackers v. Boundary Cnty., 913 P.2d 1141 (Idaho 1996). · cites it 4× “Constitution (the Property Clause), as well as the Federal Land Policy Management Act of 1976, 43 U.S.C. § 1715 (a) (1986). The trial court ruled that under article VI, clause 2 of the U.”
United States v. 82.46 Acres of Land, 691 F.2d 474 (10th Cir. 1982). · cites it 9× “2755 (FLPMA), now appearing as 43 U.S.C. § 1715 (a). 1 That statute reads as follows: (a) Notwithstanding any other provisions of law, the Secretary, with respect to the public lands and the Secretary of Agriculture, with respect to the acquisition of access over non-Federal…”
United States v. 18.67 Acres of Land, 793 F. Supp. 582 (M.D. Penn. 1992). “46 Acres concerns section 205(a) of the Federal Land Policy Management Act of 1976, 43 U.S.C. § 1715 (a), which limits the Secretary of the Interior’s power to condemn land: [W]ith respect to the public lands, the Secretary may exercise the power of eminent domain only if…”
Hahnenkamm, LLC v. United States, 104 F.4th 1333 (Fed. Cir. 2024). “43 U.S.C. § 1715 (a). The Forest Service’s land ac- quisition authority in this case is governed by the Nevada and Lake Tahoe Basin Land Disposal and Acquisition Act (“Santini-Burton Act”), Pub.”
Deane v. United States, 329 F. App'x 809 (10th Cir. 2009). · cites it 3× “43 U.S.C. § 1715 . Second, the district court cited § 1716(a), which provides that [a] tract of public land or interests therein may be disposed of by exchange by the Secretary [of the Interior] under this Act and a tract of land or interests therein within the National Forest…”
Wonder Ranch, LLC v. United States (9th Cir. 2018). “See 43 U.S.C. § 1715 (a). Because we affirm the district court’s conclusion that a prescriptive easement arose even before the enactment of the FLPMA, we do not address the merits of the FLPMA argument.”
Colorado Wild Pub. Lands, Inc. v. Welch (D. Colo. 2021). “43 U.S.C § 1715(a) authorizes agencies to acquire new public lands “by purchase, exchange, [or] donation.”
Hahnenkamm, LLC v. United States (Fed. Cir. 2024). “43 U.S.C. § 1715 (a). The Forest Service’s land ac- quisition authority in this case is governed by the Nevada and Lake Tahoe Basin Land Disposal and Acquisition Act (“Santini-Burton Act”), Pub.”
Shoshone-Bannock Tribes of the Fort Hall Reservati v. Usdoi (9th Cir. 2025). “11 Simplot also points to a separate provision of FLPMA, 43 U.S.C. § 1715 (a), which grants the Secretary of Interior authority to acquire land “[n]otwithstanding any other provisions of law.”
Shoshone-Bannock Tribes of the Fort Hall Reservati v. Usdoi (9th Cir. 2026). “[is] authorized to acquire pursuant to [the FLPMA] by purchase, exchange, donation, or eminent domain, lands or interests therein[.]”) (emphases added). The panel majority thus gets it backwards when it holds that the earlier enacted 1900 Act controls over the later enacted…”
— 43 U.S.C. § 1715(a) — 1 case
Colorado Wild Pub. Lands, Inc. v. Welch (D. Colo. 2021). “43 U.S.C § 1715(a) authorizes agencies to acquire new public lands “by purchase, exchange, [or] donation.”
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