16 U.S.C. § 281b — Acquisition of lands; restrictions; tribal-owned lands

submitted 61 years ago by Pub. L. 89-19 to r/title-16-CONSERVATION · 275 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can acquire land for the Nez Perce National Historical Park, mostly by donation or purchase. After November 1991, private land can only be taken without the owner's consent under specific conditions. The Nez Perce Tribe can also sell or donate its own trust land for the park.

The Secretary of the Interior can acquire, by donation or with donated money, land or property interests that will help this subchapter's purpose, and can buy with appropriated funds land needed to run the Nez Perce National Historical Park. Land owned by a state or a state's local government can only be acquired by donation or exchange, not purchase. For sites named as part of the park after November 1, 1991, the Secretary cannot acquire privately owned land without the owner's consent unless the Secretary finds that: (1) the land's use has changed a lot, or the owner has shown they intend to change it a lot from how it was on October 30, 1992; (2) acquiring the land is essential to make sure it's used for this subchapter's purposes; and (3) the land is located either (A) within an area shown on Sheet 3, 4, or 5 of the 1991 "Nez Perce Additions" map, numbered 429–20018, or (B) within the 8-acre parcel of Old Chief Joseph's Gravesite and Cemetery, Oregon, shown as "Parcel A" on Sheet 2 of that map. The Nez Perce Tribe's governing body, if it wants and with the Secretary of the Interior's approval, can sell, donate, or exchange tribal-owned trust lands needed for this subchapter's purpose.

the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Pub. L. 89–19, § 3, May 15, 1965, 79 Stat. 110; Pub. L. 102–576, § 2(3), Oct. 30, 1992, 106 Stat. 4770.)

history & why it existsrecord from the source credit

1965Enacted · Pub. L. 89-19 · 79 Stat. 110
1992Amended · Pub. L. 102-576 · 106 Stat. 4770

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-19 on 1965-05-15.

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