16 U.S.C. § 460uu–45: Acoma Pueblo exchanges

Summary

The Secretary must swap any trust lands the Pueblo of Acoma asks to trade that lie inside the conservation area. If the land is west of New Mexico Highway 117, the Pueblo can exchange it for lands shown as “Acoma Potential Exchange Areas” on the map in section 460uu–21, or for other public lands of equal value elsewhere in New Mexico outside the monument and conservation area, if allowed by law and Bureau of Land Management plans. Land the Pueblo gets in an exchange will be held in trust by the Secretary the same way as the old trust lands. Any lands the Secretary gets west of Highway 117 will become part of the monument and be managed under the same monument rules and other laws that apply to monument lands. The Secretary must make public lands in New Mexico available for these exchanges, consistent with law and BLM plans, and cannot cancel existing land withdrawals or classifications except as the law allows. Lands shown as “Acoma Potential Exchange Areas” must be offered to the Pueblo. If the Pueblo asks by no later than one year after December 31, 1987, those lands will be transferred in exchange for trust lands of equal value in the part of the conservation area west of New Mexico Highway 117; the Secretary may require compact, contiguous parcels. Any potential-exchange lands not requested in that time, or not transferred, will be added to the conservation area. Any lands in section 1, township 7N, range 9W, New Mexico Principal Meridian not transferred will be added to the Cebolla Wilderness.

Title 16, §460uu–45

Conservation, Source: USLM XML via OLRC

(a)Lands to be exchanged

(1)Upon the request of the Pueblo of Acoma, the Secretary shall acquire by exchange any lands held in trust for the Pueblo of Acoma (hereinafter referred to as “trust lands”) located within the boundary of the conservation area which the Pueblo wishes to exchange pursuant to this section. Such trust lands shall be exchanged either for—

(A)lands described in subsection (c) (with respect to trust lands west of New Mexico Highway 117); or

(B)public lands of approximately equal value located outside the monument and outside the conservation area but within the boundaries of the State of New Mexico which are selected by the Pueblo of Acoma, so long as such exchange is consistent with applicable law and Bureau of Land Management resource management plans developed pursuant to the Federal Land Policy and Management Act of 1976 [43 U.S.C. 1701 et seq.].

(2)All lands selected by and transferred to the Pueblo of Acoma at its request pursuant to this section shall thereafter be held in trust by the Secretary for the Pueblo of Acoma in the same manner as the lands for which they were exchanged.

(3)Any lands west of New Mexico Highway 117 which are acquired by the Secretary pursuant to this section shall be incorporated into the monument and managed accordingly, and section 460uu–3 of this title and all other provisions of this subchapter and other law applicable to lands designated by this subchapter as part of the monument shall apply to such incorporated lands.

(b)Public lands available for exchange

For purposes of acquiring lands pursuant to subsection (a) of this section, the Secretary, consistent with applicable law and Bureau of Land Management resource management plans described in subsection (a), shall make public lands within the boundaries of the State of New Mexico available for exchange. Nothing in this subchapter shall be construed as authorizing or requiring revocation of any existing withdrawal or classification of public land except in a manner consistent with applicable law.

(c)Public lands available for transfer; management of lands not exchanged or transferred

(1)The Secretary shall make the lands within the areas identified as “Acoma Potential Exchange Areas” on the map referenced in section 460uu–21 of this title available for transfer to the Pueblo of Acoma pursuant to this subsection.

(2)Upon a request of the Pueblo of Acoma submitted to the Secretary no later than one year after December 31, 1987, lands within the areas described in paragraph (1) shall be transferred to the Pueblo of Acoma in exchange for trust lands of approximately equal value within that portion of the conservation area west of New Mexico Highway 117. The Secretary may require exchanges of land under this subsection to be on the basis of compact and contiguous parcels.

(3)Any lands within the areas described in paragraph (1) not proposed for exchange by a request submitted to the Secretary by the Pueblo of Acoma within the period specified in paragraph (2), and any lands in such areas not ultimately transferred pursuant to this subsection, shall be incorporated within the conservation area and managed accordingly. In addition, any lands in that portion of the areas described in paragraph (1) lying in section 1, township 7N, range 9W, New Mexico Principal Meridian, not transferred to the Pueblo of Acoma pursuant to this subsection shall be added to and incorporated within the Cebolla Wilderness and managed accordingly.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Land Policy and Management Act of 1976, referred to in subsec. (a)(1)(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.

§460uu–45 Acoma Pueblo Exchanges