16 USC 410 - Acquisition of properties

Collapse to view only § 410ii-3. Acquisition of properties

§ 410ii. Findings and purpose
§ 410ii-1. Establishment
§ 410ii-2. Repealed.
§ 410ii-3. Acquisition of properties
§ 410ii-4. Cooperative agreements for the protection, preservation, and maintenance of archeological resources
§ 410ii-5. Administration
§ 410ii-6. Research and data gathering
§ 410ii-7. Authorization of appropriation

§ 410ii. Findings and purpose

(a) The Congress finds that—

(1) archeological research in the San Juan Basin conducted over the past several years has greatly increased public knowledge of the scope of the prehistoric culture referred to as Chacoan Anasazi;

(2) the discoveries and the increased general interest in the Chaco phenomenon have come at a time when the San Juan Basin is experiencing extensive exploration and development for a wide variety of energy-related resources, including coal, uranium, oil, and natural gas;

(3) development of the San Juan Basin’s important natural resources and the valid existing rights of private property owners will not be adversely affected by the preservation of the archeological integrity of the area; and

(4) in light of the national significance of the Chacoan sites and the urgent need to protect them, continued cooperation between Federal agencies and private corporations is necessary to provide for development in the San Juan Basin in a manner compatible with preservation and archeological research.

(b) It is the purpose of this subchapter to recognize the unique archeological resources associated with the prehistoric Chacoan culture in the San Juan Basin and surrounding areas; to provide for the preservation and interpretation of these resources; and to facilitate research activities associated with these resources.

(Pub. L. 96–550, title V, § 501, Dec. 19, 1980, 94 Stat. 3227; Pub. L. 104–11, § 2, May 18, 1995, 109 Stat. 158.)

§ 410ii–1. Establishment

(a) Abolition of Chaco Canyon National Monument

(b) Designation of Chaco Culture Archeological Protection Sites

(1) Thirty-nine outlying sites as generally depicted on a map entitled “Chaco Culture Archeological Protection Sites”, numbered 310/80,033–B and dated September 1991, are hereby designated as “Chaco Culture Archeological Protection Sites”. The thirty-nine archeological protection sites totaling approximately 14,372 acres 1

1 So in original. Probably should be “acres are”.

identified as follows:

Name:	Acres
Allentown	380
Andrews Ranch	950
Bee Burrow	480
Bisa’ani	131
Casa del Rio	40
Casamero	160
Chimney Rock	3,160
Coolidge	450
Dalton Pass	135
Dittert	480
Great Bend	26
Greenlee Ruin	60
Grey Hill Spring	23
Guadalupe	115
Halfway House	40
Haystack	565
Hogback	453
Indian Creek	100
Jaquez	66
Kin Nizhoni	726
Lake Valley	30
Manuelito-Atsee Nitsaa	60
Manuelito-Kin Hochoi	116
Morris 41	85
Muddy Water	1,090
Navajo Springs	260

(2) The map referred to in paragraph (1) shall be kept on file and available for public inspection in the appropriate offices of the National Park Service, the office of the State Director of the Bureau of Land Management located in Santa Fe, New Mexico, the office of the Area Director of the Bureau of Indian Affairs located in Window Rock, Arizona, and the offices of the Arizona and New Mexico State Historic Preservation Officers.

(Pub. L. 96–550, title V, § 502, Dec. 19, 1980, 94 Stat. 3227; Pub. L. 104–11, § 3, May 18, 1995, 109 Stat. 158.)

§ 410ii–2. Repealed. Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(B), Nov. 12, 1996, 110 Stat. 4196

§ 410ii–3. Acquisition of properties

(a) Methods of acquisition

(b) Conveyance by tribal authorities

(1) The Secretary shall attempt to acquire private lands or interests therein by exchange prior to acquiring lands by any other method authorized pursuant to this section.

(2) The Secretary shall seek to use a combination of land acquisition authority under this section and cooperative agreements (pursuant to section 410ii–4 of this title) to accomplish the purposes of archeological resource protection at those sites described in section 410ii–1(b) of this title that remain in private ownership.

(d) Exchange of Federal property; pool, acreage designation

(1) For purposes of completing an exchange pursuant to subsections (a) and (b), the Secretary shall designate a pool of at least three times the private acreage described in subsections (a) and (b), comprised of Federal property interests of a similar resource character to property to be exchanged. Federal property shall, whenever possible, be designated in blocks of at least one section in size, but in no event shall the blocks designated be less than one-quarter of a section in size.

(2) The Secretary may include within the pool any Federal property under his jurisdiction except units of the National Park System, National Forest System, or the National Wildlife Refuge System that are nominated by the owner of the private property to be exchanged. Exchanges shall be on the basis of equal value, and either party to the 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 values.

(e) Federal lands exchanged for non-Federal property

(Pub. L. 96–550, title V, § 504, Dec. 19, 1980, 94 Stat. 3228; Pub. L. 104–11, § 4, May 18, 1995, 109 Stat. 159.)

§ 410ii–4. Cooperative agreements for the protection, preservation, and maintenance of archeological resources

The Secretary shall seek to enter into cooperative agreements with the owners, including the beneficial owners, of the properties located in whole in or in part within the park or the archeological protection sites. The purposes of such agreements shall be to protect, preserve, maintain, and administer the archeological resources and associated site regardless of whether title to the property or site is vested in the United States. Any such agreement shall contain provisions to assure that (1) the Secretary, or his representative, shall have a right of access at all reasonable times to appropriate portions of the property for the purpose of cultural resource protection and conducting research, and (2) no changes or alterations shall be permitted with respect to the cultural resources without the written consent of the Secretary. Nothing in this subchapter shall be deemed to prevent the continuation of traditional Native American religious uses of properties which are the subject of cooperative agreements.

(Pub. L. 96–550, title V, § 505, Dec. 19, 1980, 94 Stat. 3229.)

§ 410ii–5. Administration

(a) Laws governing

(b) Protection, preservation, and maintenance of cultural resources

(d) Livestock grazing permitted

(e) General management plan; transmittal to Congress

(f) Assistance to Navajo Nation

(Pub. L. 96–550, title V, § 506, Dec. 19, 1980, 94 Stat. 3229; Pub. L. 104–11, § 5, May 18, 1995, 109 Stat. 159.)

§ 410ii–6. Research and data gathering

(a) Plan for continued operational program; submittal to Congress

(b) Computer-generated data base; furnishing of information to Federal and private groups

(Pub. L. 96–550, title V, § 507, Dec. 19, 1980, 94 Stat. 3230.)

§ 410ii–7. Authorization of appropriation

Effective October 1, 1981, there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter but not to exceed $11,000,000 for acquisition and $500,000 for development.

(Pub. L. 96–550, title V, § 508, Dec. 19, 1980, 94 Stat. 3231.)