The majority of the February 29, 1996 version of this chapter has been superseded by other policies (110 FW 1, 340 FW 1, and 602 FW 1, 2, and 5). Until the Division of Realty updates the remaining portion of this chapter, Section 1.3A, remains in effect.
1.3 Policy. Official Service land acquisition policy is as follows:
A. Land Acquisition Policy. The Service will acquire lands and waters consistent with the legislation or other congressional guidelines and Executive orders for the conservation of fish and wildlife and related habitat and to provide wildlife-oriented public use for educational and recreational purposes.
(1) Basic Service policy is to acquire land only when other means, such as zoning or regulation, of achieving program goals and objectives are not appropriate, available, or effective. When lands are to be acquired, the minimum interest necessary to reach management objectives is to be acquired or retained. If fee title is required, full consideration will be given to extended use reservations, exchanges, or other alternatives that will lessen impact on the owner and the community. Donations of desired lands or interests will be encouraged.
(2) To carry out this policy, where there is evidence of a need for additional resource protection at any proposed or existing refuge, fish hatchery, research station, or similar facility, a Land Protection Plan shall be developed that conforms to Departmental and Service policies and applicable laws. The plan shall be simple and concise. It shall be prepared with appropriate public participation and shall include consideration of the sociocultural impacts.
(3) In terms of various authorizing acts and other congressional mandates, acquisition units are divided into two categories for the purpose of this land acquisition policy. They are:
(a) In those areas specifically authorized by Act of Congress, acquisition is carried out in accordance with the policies and procedures prescribed by the Congress in the authorizing legislation.
(b) Acquisitions in areas under general authorities such as the Migratory Bird Conservation Act, the Fish and Wildlife Act of 1956, the Endangered Species Act, the Migratory Bird Hunting and Conservation Stamp Act, the Refuge Recreation Act of 1962, and the Emergency Wetlands Resources Act of 1986 shall be on a willing seller basis. However, the Service may acquire land through litigation (also termed condemnation) to prevent uses that would cause irreparable damage to the resources for which the unit was established to protect; to determine the legal owner (clear title); or to settle a difference of opinion of value. Requests to the Solicitor to initiate condemnation will be made only after receiving prior approval from the Director and notice to the landowner.