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16 U.S.C. § 460uu–46Exchanges and acquisitions generally; withdrawal

submitted 39 years ago by Pub. L. 100-225 to r/title-16-CONSERVATION · 647 words · no verdicts yet

in plain englishAI-generated · not legal advice

Land exchanges here must generally be of equal value, with cash used to balance any difference. Land the U.S. later acquires inside the monument or conservation area joins it automatically, and federal land there generally cannot leave federal ownership or be opened to mining. This section also renames Capulin Mountain National Monument.

(a) All exchanges under this law must follow the applicable law and, unless stated otherwise, be for equal value. Either side of a trade may pay or accept cash to balance the values — except that if both sides agree and the Secretary decides it serves the public interest, the trade can be for unequal value instead. (b) The term "public lands" in this law means the same thing it means in the Federal Land Policy and Management Act of 1976. (c) Except as section 460uu–45 provides otherwise, any land or land interest the United States acquires inside the monument or conservation area after December 31, 1987, automatically becomes part of that monument or conservation area and is managed under all the rules that apply there. (d) Except where this law says otherwise: (1) no federally owned land inside the monument or conservation area may be transferred out of federal ownership or put in trust for any Indian tribe, whether by exchange or any other method; and (2) subject to existing valid rights, all federal land in the monument and conservation area — and all land acquired there on or after December 31, 1987 — is withdrawn from public land laws (no new entry, claims, or disposal) and from mining, mineral leasing, and geothermal leasing laws. (e) Acreage figures in this law are approximate. If a cited acreage disagrees with what a referenced map shows, the map controls. (f) The Secretary may accept donated land next to the Pecos National Monument's boundaries (as they stood on December 31, 1987). If accepting the land would further the monument's purposes, the Secretary must accept it, and it then becomes part of the monument. (g) Capulin Mountain National Monument is renamed Capulin Volcano National Monument. Every U.S. government record, map, or document that refers to the old name is treated as referring to the new one. Section 1 of the Act of September 5, 1962 is amended to define the monument's boundaries using a 1987 boundary map instead of its old wording. Jurisdiction over federally owned land within the monument's updated boundaries transfers to the National Park Service at no cost.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 100–225, title V, § 506, Dec. 31, 1987, 101 Stat. 1546.)

history & why it existsrecord from the source credit
  • 1987Enacted · Pub. L. 100-225 · 101 Stat. 1546

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

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