OCR Text |
Show they are acquired or public domain lands. This policy would not be applicable to any lands set aside for Federal management because of their national significance. The Recreation and Public Purposes Act9 now limits conveyances for recreation in any calendar year to 6,400 acres to the states and 640 acres to a political subdivision. Although we believe these artificial limitations are too restrictive, an area managed for multiple use should not be transferred out of Federal ownership until it has been classified in accordance with the program we recommend for classifying or identifying areas of recreation value. Since classifications are not immutable, changing conditions will permit the Federal Government to withhold from transfer lands for which it has an overriding need. We believe that the specific acreage to be leased or transferred should be negotiated in each instance between the Federal Government and the state or the unit of local government that is to assume the management responsibility. The statutory authority therefor should provide that lease or transfer can be 9 43 U.S.C. §§ 869-869^ (1964). this priceless heritage in future years. accomplished only when a definite program of land use has been developed and adequate financing has been assured. The type of recreation development proposed, the size of population to be served, the location of the lands, and the topography, relief, access, and other physical characteristics of the area will determine the most appropriate amount of land required in each case. Lease or transfer of public lands to states or local governments in conformance with an approved statewide recreation plan should be at a price reasonable for the public recreation purposes the lands are to serve, which would be less than fair-market value. We believe that making Federal public lands available to state and local governments to assist them in meeting their outdoor recreation responsibilities is clearly in support of a governmental purpose and a strengthened federalism. We are not endorsing a single price for all such transfers, nor do we recommend a merely nominal price policy. The Commission believes the administering agencies should consider the specific conditions in each case in determining, through negotiation, the extent to which the price should be reduced below the fair-market value of the land. To implement this policy, we recommend that Congress provide guidelines that will require the following factors to be among those considered in arriving at the price: The amount of land being leased or transferred; the manner in which the United States acquired the property; the planned use of the property; and the necessary development costs; the relative financial capability of the governmental unit receiving the land; and the number of people to be served by the recreation opportunities that will be offered. Lands transferred for recreation use should be subject, during a limited period, to a Federal right to require return of the land if it is used for a purpose other than that for which it was transferred. This is consistent with our general recommendation of such condition whenever land is transferred at less than full value.10 Reversionary provisions are employed now in transfers made under the Recreation and Public Purposes Act,11 but the reversionary condition imposed is rigid and perpetual. We believe a more flexible arrangement should be adopted that will terminate Federal control over future use of the land after the basic policy objective has been substantially satisfied. Perhaps 25 years would be appropriate for this type of use. During this 25-year period, Federal administrators, under congressional guidelines, could either require the return of the land or waive the 10 See Chapter Eighteen, Disposals, Acquisitions and Exchange, Rec. No. 116. 11 n. 9, supra. 201 |