16 U.S.C. § 281b: Acquisition of lands…

Summary

The Secretary of the Interior may take or accept land, parts of land, or other property given as gifts or paid for with donated money if the Secretary thinks it will help carry out the Nez Perce National Historical Park law. The Secretary may also buy land with federal money when needed to manage the Nez Perce National Historical Park. Land owned by a State or local government can only be obtained by gift or by swapping property. For places added to the park after November 1, 1991, the Secretary cannot take privately owned land or land rights without the owner’s permission unless three things are true: the land use has changed a lot or the owner plans a big change from how it was on October 30, 1992; buying the land is essential to protect the park purposes; and the land lies within the areas shown on Sheet 3, 4, or 5 of the map titled “Nez Perce Additions,” map no. 429–20018, dated September 1991, or within the 8-acre parcel labeled “Parcel A” (Old Chief Joseph’s Gravesite and Cemetery) on Sheet 2 of that map. If the Nez Perce Tribe’s governing body wants to, and the Secretary agrees, the Tribe may sell, give, or swap tribal trust lands to help meet the law’s purposes.

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.

The Nez Perce Tribe’s governing body, if it so desires, with the approval of the Secretary of the Interior, is authorized to sell, donate, or exchange tribal-owned lands held in trust needed to further the purpose of this subchapter.

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