16 U.S.C. § 192c — Vested rights

Page 121 TITLE 16—CONSERVATION § 193 1 See References in Text note below. (f) City of Grand Lake, Colorado; conveyance of land by the Secretary The Secretary of the Interior shall convey, to the city of Grand Lake, Colorado, without com- pensation or consideration, the lands, not to ex- ceed two acres, within the area referred to as GL–5 on the map referred to in subsection (a). (g) Use of snowmobiles in certain areas The Secretary of the Interior may provide for the use of snowmobiles along the East Shore Trail of Shadow Mountain Lake if after study the Secretary determines such use will not re- sult in any significant adverse impact upon wildlife. (Pub. L. 96–560, title I, § 111, Dec. 22, 1980, 94 Stat. 3271.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (b), is Pub. L. 96–560, Dec. 22, 1980, 94 Stat. 3265, which enacted this section and enacted provisions set out as notes under sections 1132 and 1133 of this title. For complete classi- fication of this Act to the Code, see Tables. Public Law 95–450 (92 Stat. 1099), referred to in subsec. (a), is Pub. L. 95–450, Oct. 11, 1978, 92 Stat. 1095, known as the Indian Peaks Wilderness Area, the Arapaho Na- tional Recreation Area and the Oregon Islands Wilder- ness Area Act, which is classified principally to sub- chapter XCIV (§ 460jj et seq.) of this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 460jj of this title and Tables. Statutory Notes and Related Subsidiaries ENCOURAGEMENT OF LAND EXCHANGES Pub. L. 104–333, div. I, title IV, § 408(b), Nov. 12, 1996, 110 Stat. 4153, provided that: ‘‘(1) LANDS INSIDE ROCKY MOUNTAIN NATIONAL PARK.— Promptly following enactment of this Act [Nov. 12, 1996], the Secretary of the Interior shall seek to acquire by donation or exchange those lands within the bound- aries of Rocky Mountain National Park owned by the city of Longmont, Colorado, that are referred to in sec- tion 111(d) of the Act commonly referred to as the ‘Col- orado Wilderness Act of 1980’ (Public Law 96–560; 94 Stat. 3272; 16 U.S.C. 192b–9(d)). ‘‘(2) OTHER LANDS.—The Secretary of Agriculture shall immediately and actively pursue negotiations with the city of Longmont, Colorado, concerning the city’s proposed exchange of lands owned by the city and located in and near Coulson Gulch for other lands owned by the United States. The Secretary shall report to Congress 2 calendar years after the date of enact- ment of this Act [Nov. 12, 1996], and every 2 years there- after on the progress of such negotiations until nego- tiations are complete.’’ § 192b–10. Boundary adjustment for Rocky Moun- tain National Park and Roosevelt National Forest (a) Acquisition and boundary change The Secretary of the Interior (hereinafter re- ferred to as the ‘‘Secretary’’) is authorized to acquire, by donation, purchase with donated or appropriated funds, or by exchange, lands or in- terests therein within the area generally de- picted as ‘‘Proposed Park Additions’’ on the map entitled ‘‘Proposed Park Additions, Rocky Mountain National Park’’, numbered 121–80, 106–A and dated May, 1989, which map shall be on file and available for public inspection in the Office of the National Park Service, Department of the Interior. Upon acquisition of such lands, the Secretary shall revise the boundary of Rocky Mountain National Park to include such lands within the park boundary and shall admin- ister such lands as part of the park subject to the laws and regulations applicable thereto. (b) Boundary adjustment for Roosevelt National Forest Upon acquisition of such lands by the Sec- retary, the Secretary of Agriculture shall revise the boundary of the Roosevelt National Forest to exclude such lands from the national forest boundary. (c) Agreement The Secretary is authorized to enter into an agreement with the owner of the lands identified as Tract 1127 and 1127B4, Section 23, Township 3 North, Range 73, Boulder County, Colorado, within the boundaries of Rocky Mountain Na- tional Park, to ensure the right of use as a sin- gle family residence, unless said property is being developed or is officially proposed to be developed by the owners in a manner which would substantially change its use. (Pub. L. 101–192, § 1, Nov. 29, 1989, 103 Stat. 1700.) § 192c. Vested rights Nothing contained in this section and section 192b of this title shall affect any vested and ac- crued rights of ownership of lands or any valid existing claim, location, or entry existing under the land laws of the United States on June 21, 1930, whether for homestead, mineral, rights-of- way, or any other purposes whatsoever, or any water rights and/or rights-of-way connected therewith, including reservoirs, conduits, and ditches, as may be recognized by local customs, laws, and decisions of courts, or shall affect the right of any such owner, claimant, locator, or entryman to the full use and enjoyment of his land. (June 21, 1930, ch. 561, § 2, 46 Stat. 792.) § 193. Claims and rights under land laws not af- fected; rights-of-way for irrigation and other purposes Nothing herein contained shall affect any valid existing claim, location, or entry under the land laws of the United States, whether for homestead, mineral, right of way, or any other purpose whatsoever, or shall affect the rights of any such claimant, locator, or entryman to the full use and enjoyment of his land. Whenever consistent with the primary purposes of the park the Act of February fifteenth, nineteen hundred and one,1 applicable to the location of rights of way in certain national parks and the national forests for irrigation and other pur- poses, shall be and remain applicable to the lands included within the park. (Jan. 26, 1915, ch. 19, § 2, 38 Stat. 800; Jan. 26, 1931, ch. 47, § 7, 46 Stat. 1044.)