§ 281b. — Acquisition of lands; restrictions; tribalowned lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC281b]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXII--NEZ PERCE NATIONAL HISTORICAL PARK
Sec. 281b. Acquisition of lands; restrictions; tribal-owned
lands
The Secretary of the Interior may acquire by donation or with
donated funds such lands, or interests therein, and other property which
in his judgment will further the purpose of this subchapter and he may
purchase with appropriated funds land, or interests therein, required
for the administration of the Nez Perce National Historical Park. Lands
or interests therein owned by a State or political subdivision of a
State may be acquired under this section only by donation or exchange.
In the case of sites designated as components of the Nez Perce National
Historical Park after November 1, 1991, the Secretary may not acquire
privately owned land or interests in land without the consent of the
owner unless the Secretary finds that--
(1) the nature of land use has changed significantly or that the
landowner has demonstrated intent to change the land use
significantly from the condition which existed on October 30, 1992;
(2) the acquisition by the Secretary of such land or interest in
land is essential to assure its use for purposes set forth in this
subchapter; and
(3) such lands or interests are located--
(A) within an area depicted on Sheet 3, 4, or 5 of the map
entitled ``Nez Perce Additions'', numbered 429-20018, and dated
September 1991, or
(B) within the 8-acre parcel of Old Chief Joseph's Gravesite
and Cemetery, Oregon, depicted as ``Parcel A'' on Sheet 2 of
such map.
The Nez Perce Tribe's governing body, if it so desires, with the
approval of the Secretary of the Interior, is authorized to sell,
donate, or exchange tribal-owned lands held in trust needed to further
the purpose of this subchapter.
(Pub. L. 89-19, Sec. 3, May 15, 1965, 79 Stat. 110; Pub. L. 102-576,
Sec. 2(3), Oct. 30, 1992, 106 Stat. 4770.)
Amendments
1992--Pub. L. 102-576 substituted provisions relating to acquisition
of lands or interest therein owned by State or political subdivision of
State and provisions relating to acquisition of sites designated as
components of park after Nov. 1, 1991, for proviso in first sentence
limiting amount of land which may be purchased in fee to 1,500 acres and
amount of scenic easements which may be purchased to 1,500 acres.
