Collapse to view only § 281b. Acquisition of lands; restrictions; tribal-owned lands
- § 281. Purpose
- § 281a. Designation
- § 281b. Acquisition of lands; restrictions; tribal-owned lands
- § 281c. Inclusion of lands
- § 281d. Establishment; notice in Federal Register; administration
- § 281e. Contracts and cooperative agreements with State of Idaho, and others
- § 281f. Authorization of appropriations
§ 281. Purpose
It is the purpose of this subchapter to facilitate protection and provide interpretation of sites in the Nez Perce country of Idaho and in the States of Oregon, Washington, Montana, and Wyoming that have exceptional value in commemorating the history of the Nation.
(Pub. L. 89–19, § 1, May 15, 1965, 79 Stat. 110; Pub. L. 102–576, § 2(1), Oct. 30, 1992, 106 Stat. 4770.)
§ 281a. Designation
To implement this purpose the Secretary of the Interior may designate as the Nez Perce National Historical Park various component sites in Federal and non-Federal ownership relating to the early Nez Perce culture, the Lewis and Clark Expedition through the area, the fur trade, missionaries, gold mining and logging, the Nez Perce war of 1877, and such other sites as he finds will depict the role of the Nez Perce country in the westward expansion of the Nation. Sites to be so designated shall include—
(1) Tolo Lake, Idaho;
(2) Looking Glass’ 1877 Campsite, Idaho;
(3) Buffalo Eddy, Washington and Idaho;
(4) Traditional Crossing Near Doug 1
1 So in original. Probably should be “Dug”.
Bar, Oregon and Idaho;(5) Camas Meadows Battle Sites, Idaho;
(6) Joseph Canyon Viewpoint, Oregon;
(7) Traditional Campsite at the Fork of the Lostine and Wallowa Rivers, Oregon;
(8) Burial Site of Chief Joseph the Younger, Washington;
(9) Nez Perce Campsites, Washington;
(10) Big Hole National Battlefield, Montana;
(11) Bear’s Paw Battleground, Montana;
(12) Canyon Creek, Montana; and
(13) Hasotino Village, Idaho;
each as described in the National Park Service document entitled “Nez Perce National Historical Park Additions Study”, dated 1990 and Old Chief Joseph’s Gravesite and Cemetery, Oregon, as depicted on the map entitled “Nez Perce Additions”, numbered 429–20–018, and dated September, 1991. Lands added to the Big Hole National Battlefield, Montana, pursuant to paragraph (10) shall become part of, and be placed under the administrative jurisdiction of, the Big Hole National Battlefield, but may be interpreted in accordance with the purposes of this subchapter.
(Pub. L. 89–19, § 2, May 15, 1965, 79 Stat. 110; Pub. L. 102–576, § 2(2), Oct. 30, 1992, 106 Stat. 4770.)
§ 281b. Acquisition of lands; restrictions; tribal-owned landsThe 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.
(Pub. L. 89–19, § 3, May 15, 1965, 79 Stat. 110; Pub. L. 102–576, § 2(3), Oct. 30, 1992, 106 Stat. 4770.)
§ 281c. Inclusion of lands
(a) Indian trust land; Federal-ownership sites; cooperation with Nez Perce Tribe and administrative agencies in research, services, and facilities for public access, use and enjoyment, and conservation of resources
(b) Cooperative agreements with property owners of non-Federal property; access; written consent for changes in properties, buildings, and grounds; other provisions
(Pub. L. 89–19, § 4, May 15, 1965, 79 Stat. 110; Pub. L. 102–576, § 2(4), Oct. 30, 1992, 106 Stat. 4771.)
§ 281d. Establishment; notice in Federal Register; administration
When the Secretary of the Interior determines that he has acquired title to, or interest in, sufficient properties or determines that he has entered into appropriate cooperative agreements with owners of non-Federal properties, or any combination thereof including the designation of sites already in Federal ownership, he shall by publication in the Federal Register establish the Nez Perce National Historical Park and thereafter administer the Federal property under his administrative jurisdiction in accordance with the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.),1
1 See References in Text note below.
as amended and supplemented.(Pub. L. 89–19, § 5, May 15, 1965, 79 Stat. 110.)
§ 281e. Contracts and cooperative agreements with State of Idaho, and others
(a) Protection, preservation, maintenance, and operation; obligation of general fund of Treasury
(b) Erection and maintenance of tablets and markers
(c) Consultation with Nez Perce Tribe officials
(Pub. L. 89–19, § 6, May 15, 1965, 79 Stat. 111; Pub. L. 102–576, § 2(5), (6), Oct. 30, 1992, 106 Stat. 4771.)
§ 281f. Authorization of appropriations
There are hereby authorized to be appropriated the sums of not more than $2,130,000 for the acquisition of lands and interests in land and not more than $9,300,000 for construction, restoration work, and other improvements at the Nez Perce National Historical Park under this subchapter.
(Pub. L. 89–19, § 7, May 15, 1965, 79 Stat. 111; Pub. L. 94–578, title II, § 201(10), Oct. 21, 1976, 90 Stat. 2733; Pub. L. 102–576, § 2(7), Oct. 30, 1992, 106 Stat. 4771.)