§ 410ii-3. — Acquisition of properties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC410ii-3]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX-G--CHACO CULTURE NATIONAL HISTORICAL PARK
Sec. 410ii-3. Acquisition of properties
(a) Methods of acquisition
The Secretary is authorized to acquire lands, waters, and interest
therein within the boundaries of the Chaco Culture National Historical
Park (hereinafter referred to as the ``park'') and the archeological
protection sites as identified in section 410ii-1 of this title by
donation, purchase with donated or appropriated funds, or exchange.
Property owned by the State of New Mexico or any political subdivision
thereof, may be acquired by exchange or donation only. Property held in
trust for the benefit of any Indian tribe or for the benefit of any
individual member thereof may be acquired only with the consent of such
owner or beneficial owner as the case may be.
(b) Conveyance by tribal authorities
The respective tribal authorities are authorized to convey by
exchange, purchase, on \1\ donation the beneficial interest in any lands
designated by section 410ii-1 of this title and held in trust by the
United States for the respective tribes, to the Secretary, subject to
such terms and conditions as the tribal authority deems necessary and
which the Secretary deems are consistent with the purposes of this
subchapter.
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``or''.
---------------------------------------------------------------------------
(c) Private properties; acquisition by exchange and cooperative
agreements
(1) The Secretary shall attempt to acquire private lands or
interests therein by exchange prior to acquiring lands by any other
method authorized pursuant to this section.
(2) The Secretary shall seek to use a combination of land
acquisition authority under this section and cooperative agreements
(pursuant to section 410ii-4 of this title) to accomplish the purposes
of archeological resource protection at those sites described in section
410ii-1(b) of this title that remain in private ownership.
(d) Exchange of Federal property; pool, acreage designation
(1) For purposes of completing an exchange pursuant to subsections
(a) and (b) of this section, the Secretary shall designate a pool of at
least three times the private acreage described in subsections (a) and
(b) of this section, comprised of Federal property interests of a
similar resource character to property to be exchanged. Federal property
shall, whenever possible, be designated in blocks of at least one
section in size, but in no event shall the blocks designated be less
than one-quarter of a section in size.
(2) The Secretary may include within the pool and Federal property
under his jurisdiction except units of the National Park System,
National Forest System, or the National Wildlife Refuge System that are
nominated by the owner of the private property to be exchanged.
Exchanges shall be on the basis of equal value, and either party to the
exchange may pay or accept cash in order to equalize the value of the
property exchange, except that if the parties agree to an exchange and
the Secretary determines it is in the public interest, such exchange may
be made for other than equal values.
(e) Federal lands exchanged for non-Federal property
All Federal lands, waters, and interests therein excluded from the
boundaries of Chaco Canyon National Monument by this subchapter may be
exchanged for non-Federal property to be acquired pursuant to this
title. Any lands so excluded shall be managed by the Secretary under the
provisions of the Federal Land Policy and Management Act of 1976 [43
U.S.C. 1701 et seq.]. Transfer of administration of such lands to the
Bureau of Land Management shall not be considered a withdrawal as that
term is defined in section 103(j) of the Federal Land Policy and
Management Act of 1976 [43 U.S.C. 1702(j)].
(Pub. L. 96-550, title V, Sec. 504, Dec. 19, 1980, 94 Stat. 3228; Pub.
L. 104-11, Sec. 4, May 18, 1995, 109 Stat. 159.)
References in Text
The Federal Land Policy and Management Act of 1976, referred to in
subsec. (e), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as
amended, which is classified principally to chapter 35 (Sec. 1701 et
seq.) of Title 43, Public Lands. For complete classification of this Act
to the Code, see Short Title note set out under section 1701 of Title 43
and Tables.
Amendments
1995--Subsec. (c)(2). Pub. L. 104-11 amended par. (2) generally.
Prior to amendment, par. (2) read as follows: ``The Secretary shall
attempt to enter into cooperative agreements pursuant to section 410ii-4
of this title with owners of private property for those archeological
protection sites described in section 410ii-1(b) of this title. The
Secretary shall acquire fee title to any such private property only if
it is necessary to prevent direct and material damage to, or destruction
of, Chaco cultural resources and no cooperative agreement with the owner
of the private property interest can be affected.''
