§410ii–3 Acquisition of Properties

Summary

The Secretary can get land, water, or rights inside Chaco Culture National Historical Park and its archaeological protection sites by gift, purchase with donated or appropriated money, or by swapping property. Land owned by the State of New Mexico or its local governments can only be taken by gift or swap. Land held in trust for a tribe or an individual tribal member can be acquired only if the tribe or person agrees. Tribal governments may transfer the beneficial interest in trust lands to the Secretary by swap, purchase, or gift, on terms the tribe sets and the Secretary finds consistent with the park’s purposes. The Secretary must try to swap for private land first and should use swaps plus cooperative agreements to protect archaeological sites that remain in private hands. To make swaps work, the Secretary must pick a pool of federal lands at least three times the private acreage being sought, using federal properties of similar type. Wherever possible, blocks should be at least one section in size and never less than one-quarter of a section. Most federal lands under the Secretary’s control may be put in the pool, except National Park, National Forest, or National Wildlife Refuge units nominated by the private owner. Exchanges should be equal value, but cash may be paid to balance values, and unequal-value deals are allowed if agreed to and found to be in the public interest. Federal lands removed from the Chaco Canyon National Monument boundaries can be swapped for nonfederal land and then managed under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). Transfer of such lands to the Bureau of Land Management is not a “withdrawal” under section 103(j) (43 U.S.C. 1702(j)) of that Act.