U.S Code last checked for updates: May 03, 2024
§ 410ii–3.
Acquisition of properties
(a)
Methods of acquisition
(b)
Conveyance by tribal authorities
(c)
Private properties; acquisition by exchange and cooperative agreements
(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.)
cite as: 16 USC 410ii-3