16 U.S.C. § 407f — Exchange of lands

submitted 63 years ago by Pub. L. 88-249 to r/title-16-CONSERVATION · 414 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can trade state-owned or private land near Carlsbad Caverns for roughly equal-value federal land, to bring more land into the park. If the trade involves leased state land, the Secretary can pay the lessee for their improvements, based on an independent appraisal.

This section lets the Secretary trade land to expand Carlsbad Caverns National Park. (a) State-owned lands; terms, conditions and reservations. To get about 2,721.12 acres of state-owned land within the park's boundary (described by township, range, and section under the New Mexico principal meridian), the Secretary may trade roughly 2,719.80 acres of public land of about equal value, listed in similarly precise survey terms. The Secretary can set terms and conditions on the trade as needed or in the public interest — including keeping surface rights-of-way across federal land for building roads and utility lines between park headquarters and Rattlesnake Springs. (b) Private lands; terms, conditions and reservations. To acquire private land or land interests within the park boundary, the Secretary may trade other described federal land of roughly equal value, again setting whatever terms and conditions are necessary. (c) State-leased lands; compensation of lessee for improvements; appraisal. Even though subsection (a) covers state-owned land generally, if a trade involves land in a specific section the state has leased out, the Secretary can pay the lessee for the reasonable value of improvements they made to that land. The Secretary must determine that value using an independent appraisal.

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

(a) State-owned lands; terms, conditions and reservations

For the purpose of acquiring the State-owned lands lying within the area described in section 407e of this title, consisting of 2,721.12 acres, and described as follows:

new mexico principal meridian, new mexico

Township 24 south, range 23 east: section 36.

Township 24 south, range 24 east: section 32.

Township 24 south, range 25 east: section 32.

Township 25 south, range 24 east: lots 1, 2, 3, and 4, south half north half, southwest quarter section 2.

Township 26 south, range 22 east: south half section 2, the Secretary of the Interior may, subject to such terms, conditions, and reservations as may be necessary or are in the public interest, including the reservation of surface rights-of-way across Federal lands situated in township 25 south, range 24 east, New Mexico principal meridian, for the construction of roads and utility lines between park headquarters and Rattlesnake Springs, exchange the following described 2,719.80 acres of public land of approximately equal value:

new mexico principal meridian, new mexico

Township 24 south, range 25 east: southeast quarter section 34.

Township 25 south, range 24 east: south half section 1; west half section 11; west half section 14; section 15; southeast quarter section 17.

Township 25 south, range 25 east: south half section 5; lot 6, northeast quarter southwest quarter, southeast quarter section 6.

Township 26 south, range 22 east: west half west half section 13; north half northeast quarter section 14.

(b) Private lands; terms, conditions and reservations

For the purpose of acquiring the private lands or interests in lands lying within the area described in section 407e of this title, the Secretary of the Interior may, subject to such terms, conditions, and reservations as may be necessary, exchange on an approximately equal value basis any of the following described lands:

new mexico principal meridian, new mexico

Township 25 south, range 24 east: southeast quarter section 9; south half, northeast quarter section 10.

Township 26 south, range 22 east: south half, south half northeast quarter section 14.

Notwithstanding subsection (a) of this section, when an exchange involves lands in section 32, township 24 south, range 24 east, New Mexico principal meridian, which the State of New Mexico has leased, the Secretary may compensate a lessee for the reasonable value of his improvements to the lands. Reasonable value shall be determined by the Secretary of the Interior by obtaining an impartial appraisal.

Source credit: (Pub. L. 88–249, § 2, Dec. 30, 1963, 77 Stat. 818.)

history & why it existsrecord from the source credit

1963Enacted · Pub. L. 88-249 · 77 Stat. 818

A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-249 on 1963-12-30.

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