Title 16, ConservationRelease 119-110

§460uu–46 Exchanges and Acquisitions Generally; Withdrawal

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER CVI — EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA › Part E — General Provisions › § 460uu–46

Last updated Sep 22, 2026|Official source

Summary

Make land trades inside the named monument or conservation area equal in value, though money can be added to even out values. If both sides agree and the Secretary finds it helps the public interest, trades can be for unequal value. "Public lands" means the same thing it does in the Federal Land Policy and Management Act of 1976. Unless another part of this law says otherwise, any land or rights the United States gets inside the monument or conservation area after December 31, 1987 must be added to and managed as part of that monument or area. Federal lands inside the boundaries may not be removed from federal ownership or put in trust for a tribe unless another part of this law allows it. Also, and subject to valid existing rights, all federal lands in the areas and lands acquired on or after December 31, 1987 are withdrawn from public land claims, mining claims, and mineral or geothermal leasing laws. Acreage numbers are estimates; the official maps control if there is a conflict. The Secretary may accept donations of land next to the Pecos National Monument as its borders stood on December 31, 1987, and must add such donated land if it helps the monument’s purposes. Capulin Mountain National Monument is renamed Capulin Volcano National Monument. Any U.S. document that mentions the old name will be read as the new name. The monument’s boundaries are shown on the map numbered 125–80,014 dated January 1987. Federal lands inside those revised boundaries are transferred to the National Park Service without payment and will be managed as part of the monument.

Full Legal Text

Title 16, §460uu–46

Conservation, Source: USLM XML via OLRC

(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.

Legislative History

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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460uu–46

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110