§ 698v-2. — Acquisition of 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: 16USC698v-2]
TITLE 16--CONSERVATION
CHAPTER 6--GAME AND BIRD PRESERVES; PROTECTION
Sec. 698v-2. Acquisition of lands
(a) Acquisition of Baca ranch
(1) In general
In compliance with section 471a of this title, the Secretary is
authorized to acquire all or part of the rights, title, and
interests in and to approximately 94,761 acres of the Baca ranch,
comprising the lands, facilities, and structures referred to as the
Baca Location No. 1, and generally depicted on a plat entitled
``Independent Resurvey of the Baca Location No. 1'', made by L.A.
Osterhoudt, W.V. Hall, and Charles W. Devendorf, U.S. Cadastral
Engineers, June 30, 1920-August 24, 1921, under special instructions
for Group No. 107 dated February 12, 1920, in New Mexico.
(2) Source of funds
The acquisition under paragraph (1) may be made by purchase
through appropriated or donated funds, by exchange, by contribution,
or by donation of land. Funds appropriated to the Secretary from the
Land and Water Conservation Fund shall be available for this
purpose.
(3) Basis of sale
The acquisition under paragraph (1) shall be based on an
appraisal done in conformity with the Uniform Appraisal Standards
for Federal Land Acquisitions and--
(A) in the case of purchase, such purchase shall be on a
willing seller basis for no more than the fair market value of
the land or interests therein acquired; and
(B) in the case of exchange, such exchange shall be for
lands, or interests therein, of equal value, in conformity with
the existing exchange authorities of the Secretary.
(4) Deed
The conveyance of the offered lands to the United States under
this subsection shall be by general warranty or other deed
acceptable to the Secretary and in conformity with applicable title
standards of the Attorney General.
(b) Addition of land to Bandelier National Monument
Upon acquisition of the Baca ranch under subsection (a) of this
section, the Secretary of the Interior shall assume administrative
jurisdiction over those lands within the boundaries of the Bandelier
National Monument as modified under section 3 of Public Law 105-376 (112
Stat. 3389).
(c) Plat and maps
(1) Plat and maps prevail
In case of any conflict between a plat or a map and acreages,
the plat or map shall prevail.
(2) Minor corrections
The Secretary and the Secretary of the Interior may make minor
corrections in the boundaries of the Upper Alamo watershed as
depicted on the map referred to in section 3 of Public Law 105-376
(112 Stat. 3389).
(3) Boundary modification
Upon the conveyance of any lands to any entity other than the
Secretary, the boundary of the Preserve shall be modified to exclude
such lands.
(4) Final maps
Within 180 days of the date of acquisition of the Baca ranch
under subsection (a) of this section, the Secretary and the
Secretary of the Interior shall submit to the Committees of Congress
a final map of the Preserve and a final map of Bandelier National
Monument, respectively.
(5) Public availability
The plat and maps referred to in the \1\ subsection shall be
kept and made available for public inspection in the offices of the
Chief, Forest Service, and Director, National Park Service, in
Washington, D.C., and Supervisor, Santa Fe National Forest, and
Superintendent, Bandelier National Monument, in the State of New
Mexico.
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(d) Watershed management report
The Secretary, acting through the Forest Service, in cooperation
with the Secretary of the Interior, acting through the National Park
Service, shall--
(1) prepare a report of management alternatives which may--
(A) provide more coordinated land management within the area
known as the upper watersheds of Alamo, Capulin, Medio, and
Sanchez Canyons, including the areas known as the Dome Diversity
Unit and the Dome Wilderness;
(B) allow for improved management of elk and other wildlife
populations ranging between the Santa Fe National Forest and the
Bandelier National Monument; and
(C) include proposed boundary adjustments between the Santa
Fe National Forest and the Bandelier National Monument to
facilitate the objectives under subparagraphs (A) and (B); and
(2) submit the report to the Committees of Congress within 120
days of July 25, 2000.
(e) Outstanding mineral interests
The acquisition of the Baca ranch by the Secretary shall be subject
to all outstanding valid existing mineral interests. The Secretary is
authorized and directed to negotiate with the owners of any fractional
interest in the subsurface estate for the acquisition of such fractional
interest on a willing seller basis for not to exceed its fair market
value, as determined by appraisal done in conformity with the Uniform
Appraisal Standards for Federal Land Acquisitions. Any such interests
acquired within the boundaries of the Upper Alamo watershed, as referred
to in subsection (b) of this section, shall be administered by the
Secretary of the Interior as part of Bandelier National Monument.
(f) Boundaries of the Baca ranch
For purposes of section 460l-9 of this title, the boundaries of the
Baca ranch shall be treated as if they were National Forest boundaries
existing as of January 1, 1965.
(g) Pueblo of Santa Clara
(1) In general
The Secretary may assign to the Pueblo of Santa Clara rights to
acquire for fair market value portions of the Baca ranch. The
portion that may be assigned shall be determined by mutual agreement
between the Pueblo and the Secretary based on optimal management
considerations for the Preserve including manageable land line
locations, public access, and retention of scenic and natural
values. All appraisals shall be done in conformity with the Uniform
Appraisal Standards for Federal Land Acquisition.
(2) Status of land acquired
As of the date of acquisition, the fee title lands, and any
mineral estate underlying such lands, acquired under this subsection
by the Pueblo of Santa Clara are deemed transferred into trust in
the name of the United States for the benefit of the Pueblo of Santa
Clara and such lands and mineral estate are declared to be part of
the existing Santa Clara Indian Reservation.
(3) Mineral estate
Any mineral estate acquired by the United States pursuant to
subsection (e) of this section underlying fee title lands acquired
by the Pueblo of Santa Clara shall not be developed without the
consent of the Secretary of the Interior and the Pueblo of Santa
Clara.
(4) Savings
Any reservations, easements, and covenants contained in an
assignment agreement entered into under paragraph (1) shall not be
affected by the acquisition of the Baca ranch by the United States,
the assumption of management by the Valles Caldera Trust, or the
lands acquired by the Pueblo being taken into trust.
(Pub. L. 106-248, title I, Sec. 104, July 25, 2000, 114 Stat. 600.)
References in Text
Section 3 of Pub. L. 105-376, referred to in subsecs. (b) and
(c)(2), appears in the item for Bandelier National Monument, New Mexico,
in the table under the heading ``National Monuments Established Under
Presidential Proclamation'', set out as a note under section 431 of this
title.
Section Referred to in Other Sections
This section is referred to in sections 698v, 698v-1, 698v-3, 698v-
4, 698v-5, 698v-6, 698v-7, 698v-8, 698v-9, 698v-10 of this title.
