
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: 16USC460uu-46]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
   SUBCHAPTER CVI--EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
 
                       Part E--General Provisions
 
Sec. 460uu-46. Exchanges and acquisitions generally; withdrawal


(a) Exchanges on basis of equal value; cash equalization; exceptions

    All exchanges pursuant to this subchapter shall be made in a manner 
consistent with applicable provisions of law, including this subchapter, 
and unless otherwise specified in this subchapter shall be on the basis 
of equal value; either party to an 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 value.

(b) ``Public lands'' defined

    For purposes of this subchapter, the term ``public lands'' shall 
have the same meaning as such term has when used in the Federal Land 
Policy and Management Act of 1976 [43 U.S.C. 1701 et seq.].

(c) Incorporation and management of after-acquired lands

    Except as otherwise provided in section 460uu-45 of this title, any 
lands or interests therein within the boundaries of the monument or 
conservation area which after December 31, 1987, may be acquired by the 
United States shall be incorporated into the monument or conservation 
area, as the case may be, and managed accordingly, and all provisions of 
this subchapter and other laws applicable to the monument or the 
conservation area, as the case may be, shall apply to such incorporated 
lands.

(d) Prohibition on transfer of lands out of Federal ownership; 
        withdrawal of lands from all forms of entry

    (1) Except as otherwise provided in this subchapter, no federally-
owned lands located within the boundaries of the monument or the 
conservation area shall be transferred out of Federal ownership, or be 
placed in trust for any Indian tribe or group, by exchange or otherwise.
    (2) Except as otherwise provided in this subchapter, and subject to 
valid existing rights, all Federal lands within the monument and the 
conservation area and all lands and interests therein which are acquired 
on and after December 31, 1987, by the United States are hereby 
withdrawn from all forms of entry, appropriation, or disposal under the 
public land laws and from location, entry and patent under the mining 
laws, and from operation of the mineral leasing and geothermal leasing 
laws and all amendments thereto.

(e) Discrepancies in citation of acreage; maps as controlling

    The acreages cited in this subchapter are approximate, and in the 
event of discrepancies between cited acreages and the lands depicted on 
referenced maps, the maps shall control.

(f) Acceptance of lands proposed for donation

    The Secretary is authorized to accept any lands contiguous to the 
boundaries of the Pecos National Monument (as such boundaries were 
established on December 31, 1987) which may be proposed for donation to 
the United States. If acceptance of such lands proposed for donation 
would be in furtherance of the purposes for which the Pecos National 
Monument was established, the Secretary shall accept such lands, and 
upon such acceptance such lands shall be incorporated into such monument 
and managed accordingly.

(g) Redesignation and revision of boundaries of Capulin Mountain 
        National Monument

    (1) Capulin Mountain National Monument is hereby redesignated as 
Capulin Volcano National Monument.
    (2) Any reference in any record, map, or other document of the 
United States of America to Capulin Mountain National Monument shall 
hereafter be deemed to be a reference to Capulin Volcano National 
Monument.
    (3) Section 1 of the Act of September 5, 1962 (76 Stat. 436) is 
hereby amended by striking the remaining portion of section 1 after 
``boundaries of the monument'' and inserting ``shall include the lands 
and interests in lands as generally depicted on the map entitled 
`Capulin Volcano National Monument Boundary Map' which is numbered 125-
80,014 and dated January 1987.''.
    (4) Jurisdiction over federally-owned lands within the revised 
boundaries of the monument is hereby transferred to the National Park 
Service, without monetary consideration, for administration as part of 
the monument.

(Pub. L. 100-225, title V, Sec. 506, Dec. 31, 1987, 101 Stat. 1546.)

                       References in Text

    The Federal Land Policy and Management Act of 1976, referred to in 
subsec. (b), 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.
    The public land laws, referred to in subsec. (d)(2), are classified 
generally to Title 43.
    The mining laws and the mineral leasing laws, referred to in subsec. 
(d)(2), are classified generally to Title 30, Mineral Lands and Mining.
    Geothermal leasing laws, referred to in subsec. (d)(2), are 
classified principally to chapter 23 (Sec. 1001 et seq.) of Title 30.
    Section 1 of the Act of September 5, 1962, referred to in subsec. 
(g)(3), is section 1 of Pub. L. 87-635, Sept. 5, 1962, 76 Stat. 436, 
which is not classified to the Code.
