Title 16 — Conservation
Chapter 1 — National Parks, Military Parks, Monuments, and Seashores
§ 281b. Acquisition of lands; restrictions; tribal-owned lands
Statutory text
The 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 , the Secretary may not acquire privately owned land or interests in land without the consent of the owner unless the Secretary finds that—
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 ;
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
such lands or interests are located—
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
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 89–19 § 3 · 79 Stat. 110
Enacted · 16 U.S.C. § 281b
Pub. L. 89–19, § 3, May 15, 1965, 79 Stat. 110
Source evidence
Code source credit
Pub. L. 89–19, § 3, May 15, 1965, 79 Stat. 110Enacted provision · exact public law section
Sec. 3. The 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 Act and he may purchase with appropriated funds land, or interests therein, required for the administration of the Nez Perce National Historical Park: Provided, That he may purchase no more than one thousand five hundred acres in fee, and no more than one thousand five hundred Tribal-owned lands. acres in scenic easements. 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 Act.Nez Perce National Historical Park Additions Act of 1991
Pub. L. 102–576 § 2(3) · 106 Stat. 4770
Substituted · 16 U.S.C. § 281b
Pub. L. 102–576 substituted provisions relating to acquisition of lands or interest therein owned by State or political subdivision of State and provisions relating to acquisition of sites designated as components of park after Nov. 1, 1991, for proviso in first sentence limiting amount of land which may be purchased in fee to 1,500 acres and amount of scenic easements which may be purchased to 1,500 acres
Source evidence
Code amendment note
Pub. L. 102–576 substituted provisions relating to acquisition of lands or interest therein owned by State or political subdivision of State and provisions relating to acquisition of sites designated as components of park after Nov. 1, 1991, for proviso in first sentence limiting amount of land which may be purchased in fee to 1,500 acres and amount of scenic easements which may be purchased to 1,500 acres.Enacted provision · exact public law section
(3) In section 3, strike the proviso in the first sentence and insert in lieu thereof the following: “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 the date of the enactment of the Nez Perce National Historical Park Addition Act of 1991; “(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 Act; 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.”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
1992—Pub. L. 102–576 substituted provisions relating to acquisition of lands or interest therein owned by State or political subdivision of State and provisions relating to acquisition of sites designated as components of park after , for proviso in first sentence limiting amount of land which may be purchased in fee to 1,500 acres and amount of scenic easements which may be purchased to 1,500 acres.
Credits
1965–1992 · 2 acts
- 1965Pub. L. 89–19, § 3, , 79 Stat. 110
- 1992Pub. L. 102–576, § 2(3), , 106 Stat. 4770.
Show as published
(Pub. L. 89–19, § 3, , 79 Stat. 110; Pub. L. 102–576, § 2(3), , 106 Stat. 4770.)