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

submitted 39 years ago by Pub. L. 100-225 to r/title-16-CONSERVATION · 576 words · no verdicts yet

in plain englishAI-generated · not legal advice

If the Pueblo of Acoma asks, the Secretary must trade its trust land inside the conservation area for other land of equal value. Land west of Highway 117 gained this way joins the monument; unclaimed exchange-eligible land joins the conservation area or the Cebolla Wilderness instead.

(a) If the Pueblo of Acoma asks, the Secretary must acquire, by exchange, any land held in trust for the Pueblo that sits inside the conservation area and that the Pueblo wants to trade. That trust land must be exchanged either for (A) land described in subsection (c), if the trust land is west of New Mexico Highway 117, or (B) other public land of about equal value chosen by the Pueblo, located in New Mexico but outside the monument and conservation area, as long as it fits existing law and Bureau of Land Management resource plans. Any land the Pueblo receives this way is thereafter held in trust for the Pueblo the same way the traded land was. Land west of Highway 117 acquired this way becomes part of the monument, governed by section 460uu–3 and all other rules that apply to the monument. (b) To make these exchanges possible, the Secretary must make public land within New Mexico available for trading, consistent with existing law and BLM resource plans. Nothing here forces or allows canceling an existing land withdrawal or classification except through the normal legal process. (c) The Secretary must make land in the "Acoma Potential Exchange Areas" (shown on the map referenced in section 460uu–21) available for transfer to the Pueblo. If the Pueblo asks within one year after December 31, 1987, that land must be traded for the Pueblo's trust land west of Highway 117, of about equal value; the Secretary may require the trade to use compact, contiguous parcels. Any of these exchange-area lands the Pueblo does not request in time, or that never actually get transferred, become part of the conservation area instead. Land in this area within section 1, township 7N, range 9W, New Mexico Principal Meridian, that is not transferred to the Pueblo, is added to the Cebolla Wilderness.

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

(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.

(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.

Source credit: (Pub. L. 100–225, title V, § 505, Dec. 31, 1987, 101 Stat. 1545.)

history & why it existsrecord from the source credit

1987Enacted · Pub. L. 100-225 · 101 Stat. 1545

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-225 on 1987-12-31.

all 0 arguments · sorted by: best

no arguments yet — make the first case