§460uu–46 — Title 16 Conservation | U.S. Code

Summary

All land swaps under this law must follow the other laws that apply and normally must be for equal value. Either side can pay or take cash to make values equal. If both sides agree and the Secretary finds it helps the public, the swap can be for unequal value. The word “public lands” means the same as in the Federal Land Policy and Management Act of 1976. Except as section 460uu–45 says, any land the United States gets inside a monument or conservation area after December 31, 1987 must be added into that monument or area and managed the same way. Federal lands inside those boundaries generally cannot be removed from Federal ownership or placed in trust for tribes. Federal lands in the monuments and lands the United States acquires on or after December 31, 1987 are withdrawn from public land claims, mining claims, and mineral or geothermal leasing, but valid existing rights still apply. Acreage numbers are estimates; maps control. The Secretary may accept donated land next to the Pecos National Monument as it stood on December 31, 1987 and must add it if it helps the monument’s purpose. Capulin Mountain National Monument is renamed Capulin Volcano National Monument. All U.S. records must use the new name. The monument’s boundary is set by the map numbered 125–80,014 dated January 1987, and federal lands inside that boundary are transferred to the National Park Service at no cost.

Title 16, §460uu–46

Conservation — Source: USLM XML via OLRC

(a)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)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)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)(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)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)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)(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.

Notes & Related Subsidiaries

Editorial Notes

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, which is classified principally to chapter 35 (§ 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. Act of September 5, 1962, referred to in subsec. (g)(3), is Pub. L. 87–635, Sept. 5, 1962, 76 Stat. 436, which enacted provisions listed in the National Monuments Established Under Presidential Proclamation table set out under section 320301 of Title 54, National Park Service and Related Programs.

§460uu–46 Exchanges and acquisitions generally; withdrawal