§281b — Title 16 Conservation | U.S. Code

Summary

The Secretary of the Interior can accept donated land or property, and can buy land with federal funds, to help manage the Nez Perce National Historical Park. Land owned by a State or local government may only be obtained by donation or by exchange. For park parts added after November 1, 1991, the Secretary cannot take private land without the owner’s consent unless three things are met: the land use has changed a lot or the owner plans to change it from how it was on October 30, 1992; the land is essential for the park’s purposes; and the land lies on Sheets 3, 4, or 5 of the "Nez Perce Additions" map (map no. 429–20018, dated September 1991) or is the 8-acre Parcel A (Old Chief Joseph’s Gravesite and Cemetery, Oregon) shown on Sheet 2.

Title 16, §281b

Conservation — Source: USLM XML via OLRC

The Secretary of the Interior may acquire by donation or with donated funds such lands, or interests therein, and other property which in his judgment will further the purpose of this subchapter and he may purchase with appropriated funds land, or interests therein, required for the administration of the Nez Perce National Historical Park. Lands or interests therein owned by a State or political subdivision of a State may be acquired under this section only by donation or exchange. In the case of sites designated as components of the Nez Perce National Historical Park after November 1, 1991, the Secretary may not acquire privately owned land or interests in land without the consent of the owner unless the Secretary finds that—

(1)the nature of land use has changed significantly or that the landowner has demonstrated intent to change the land use significantly from the condition which existed on October 30, 1992;

(2)the acquisition by the Secretary of such land or interest in land is essential to assure its use for purposes set forth in this subchapter; and

(3)such lands or interests are located—

(A)within an area depicted on Sheet 3, 4, or 5 of the map entitled “Nez Perce Additions”, numbered 429–20018, and dated September 1991, or

(B)within the 8-acre parcel of Old Chief Joseph’s Gravesite and Cemetery, Oregon, depicted as “Parcel A” on Sheet 2 of such map.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Pub. L. 102–576 substituted provisions relating to acquisition of lands or interest therein owned by State or political subdivision of State and provisions relating to acquisition of sites designated as components of park after Nov. 1, 1991, for proviso in first sentence limiting amount of land which may be purchased in fee to 1,500 acres and amount of scenic easements which may be purchased to 1,500 acres.

§281b Acquisition of Lands; Restrictions; Tribal-owned Lands

Summary

Title 16, §281b

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata