
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
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    \1\ So in original. Probably should be ``or''.
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(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.''
