source management plans developed pursuant to the Federal Land Policy and Management Act of 1976 [43 U.S.C. 1701 et seq.]. (2) All lands selected by and transferred to the Pueblo of Acoma at its request pursuant to this section shall thereafter be held in trust by the Secretary for the Pueblo of Acoma in the same manner as the lands for which they were exchanged. (3) Any lands west of New Mexico Highway 117 which are acquired by the Secretary pursuant to this section shall be incorporated into the monument and managed accordingly, and section 460uu-3 of this title and all other provisions of this subchapter and other law applicable to lands designated by this subchapter as part of the monument shall apply to such incorporated lands. (b) Public lands available for exchange For purposes of acquiring lands pursuant to subsection (a) of this section, the Secretary, consistent with applicable law and Bureau of Land Management resource management plans described in subsection (a) of this section, shall make public lands within the boundaries of the State of New Mexico available for exchange. Nothing in this subchapter shall be construed as authorizing or requiring revocation of any existing withdrawal or classification of public land except in a manner consistent with applicable law. (c) Public lands available for transfer; management of lands not exchanged or transferred (1) The Secretary shall make the lands within the areas identified as "Acoma Potential Exchange Areas" on the map referenced in section 460uu-21 of this title available for transfer to the Pueblo of Acoma pursuant to this subsection. (2) Upon a request of the Pueblo of Acoma submitted to the Secretary no later than one year after December 31, 1987, lands within the areas described in paragraph (1) shall be transferred to the Pueblo of Acoma in exchange for trust lands of approximately equal value within that portion of the conservation area west of New Mexico Highway 117. The Secretary may require exchanges of land under this subsection to be on the basis of compact and contiguous parcels. (3) Any lands within the areas described in paragraph (1) not proposed for exchange by a request submitted to the Secretary by the Pueblo of Acoma within the period specified in paragraph (2), and any lands in such areas not ultimately transferred pursuant to this subsection, shall be incorporated within the conservation area and managed accordingly. In addition, any lands in that portion of the areas described in paragraph (1) lying in section 1, township 7N, range 9W, New Mexico Principal Meridian, not transferred to the Pueblo of Acoma pursuant to this subsection shall be added to and incorporated within the Cebolla Wilderness and managed accordingly. (Pub. L. 100-225, title V, § 505, Dec. 31, 1987, 101 Stat. 1545.) REFERENCES IN TEXT The Federal Land Policy and Management Act of 1976, referred to in subsec. (a)(1)(B), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 460uu-46 of this title. § 460uu-46. Exchanges and acquisitions generally; withdrawal (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 inIclude 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. (Pub. L. 100-225, title V, § 506, Dec. 31, 1987, 101 Stat. 1546.) REFERENCES IN TEXT The Federal Land Policy and Management Act of 1976, referred to in subsec. (b), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as amended, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. The public land laws, referred to in subsec. (d)(2), are classified generally to Title 43. The mining laws, referred to in subsec. (d)(2), are classified generally to Title 30, Mineral Lands and Mining. Mineral leasing laws, referred to in subsec. (d)(2), have been defined in sections 351, 505, 530, and 541e of Title 30, to mean acts Oct. 20, 1914, ch. 330, 38 Stat. 741; Feb. 25, 1920, ch. 85, 41 Stat. 437; Apr. 17, 1926, ch. 158, 44 Stat. 301; and Feb. 7, 1927, ch. 66, 44 Stat. 1057. The act of Oct. 20, 1914, was repealed by Pub. L. 86-252, § 1, Sept. 9, 1959, 73 Stat. 490. The act of Feb. 25, 1920, is known as the Mineral Leasing Act and is classified generally to chapter 3A (§ 181 et seq.) of Title 30. The act of Apr. 17, 1926, is classified general ly to subchapter VIII (§ 271 et seq.) of chapter 3A of Title 30. The act of Feb. 7, 1927, is classified principally to subchapter IX (§ 281 et seq.) of chapter 3A of Title 30. For complete classification of these Acts to the Code, see Tables. Geothermal leasing laws, referred to in subsec. (d)(2), are classified principally to chapter 23 (§ 1001 et seq.) of Title 30. Section 1 of the Act of September 5, 1962, referred to in subsec. (g)(3), is section 1 of Pub. L. 87-635, Sept. 5, 1962, 76 Stat. 436, which is not classified to the Code. § 460uu-47. Access (a) Nonexclusive access by Indians for cultural and religious purposes In recognition of the past use of portions of the monument and the conservation area by Indian people for traditional cultural and religious purposes, the Secretary shall assure nonexclusive access to the monument and the conservation area by Indian people for traditional cultural and religious purposes, including the harvesting of pine nuts. Such access shall be consistent with the purpose and intent of the American Indian Religious Freedom Act of August 11, 1978 (42 U.S.C. 1996), and (with respect to areas designated as wilderness) the Wilderness Act (78 Stat. 890) [16 U.S.C. 1131 et seq.]. (b) Recommendations from Indian leaders regarding access and protection of cultural and religious sites In preparing the plans for the monument and the conservation area pursuant to section 460uu-41 of this title, the Secretary shall request that the Governor of the Pueblo of Acoma and the chief executive officers of other appropriate Indian tribes make recommendations on methods of (1) assuring access pursuant to subsection (a) of this section; (2) enhancing the privacy of traditional cultural and religious activities in the monument and the conservation area; and (3) protecting traditional cultural and religious sites in the monument and the conservation area. (c) Temporary closure to public of lands for protection of religious activities In order to implement this section and in furtherance of the American Indian Religious Freedom Act [42 U.S.C. 1996], the Secretary, upon the request of an appropriate Indian tribe, may from time to time temporarily close to general public use one or more specific portions of the monument or the conservation area in order to protect the privacy of religious activities in such areas by Indian people. Any such closure shall be made so as to affect the smallest practicable area for the minimum period necessary for such purposes. Not later than seven days after the initiation of any such closure, the Secretary shall provide written notification of such action to the Energy and Natural Resources Committee of the United States Senate and the Interior and Insular Affairs Committee of the House of Representatives. (d) Advisory committee; membership The Secretary is authorized to establish an advisory committee to advise the Secretary concerning the implementation of this section. Any such advisory committee shall include representatives of the Pueblo of Acoma, the Pueblo of Zuni, other appropriate Indian tribes and other persons or groups interested in the implementation of this section. (Pub. L. 100-225, title V, § 507, Dec. 31, 1987, 101 Stat. 1548.) REFERENCES IN TEXT The Wilderness Act, referred to in subsec. (a), is Pub. L. 88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables. TERMINATION OF ADVISOry CommitteES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the twoyear period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such two-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. § 460uu-48. Cooperative agreements with Federal, State and local public departments and agencies In order to encourage unified and cost effective interpretation of prehistoric and historic civilizations in western New Mexico, the Secretary is authorized and encouraged to enter into cooperative agreements with other Federal, State and local public departments and agencies, Indian tribes, and nonprofit entities providing for the interpretation of prehistoric and historic civilizations in New Mexico and eastern Arizona. The Secretary may, pursuant to such agreements, cooperate in the development and operation of a multiagency orientation center and programs on lands and interests in lands inside and outside of the boundaries of the monument and the conservation area generally, with the concurrence of the owner or administrator thereof, and specifically in or near Grants, New Mexico, adjacent to Interstate 40 in accordance with the plan required pursuant to section 460uu-41 of this title. (Pub. L. 100-225, title V, § 508, Dec. 31, 1987, 101 Stat. 1548.) § 460uu-49. Water rights (a) Reservation to United States of minimum amount of water required Congress expressly reserves to the United States the minimum amount of water required to carry out the purposes for which the national monument, the conservation area, and the wilderness areas are designated under this subchapter. The priority date of such reserved rights shall be December 31, 1987. (b) Effect on existing valid or vested water rights Nothing in this section shall affect any existing valid or vested water right, or applications for water rights which are pending as of December 31, 1987, and which are subsequently granted: Provided, That nothing in this subsection shall be construed to require the National Park Service to allow the drilling of ground water wells within the boundaries of the national monument. (c) Construction of section as precedent with regard to future designations Nothing in this section shall be construed as establishing a precedent with regard to any future designations, nor shall it affect the interpretation of any other Act or any designation made pursuant thereto. (Pub. L. 100-225, title V, § 509, Dec. 31, 1987, 101 Stat. 1549.) § 460uu-50. Authorization of appropriations There is authorized to be appropriated $16,500,000 for the purposes of this subchapter, of which $10,000,000 shall be available for land acquisition in the national monument; $1 million shall be available for development within the national monument; $4 million shall be available for land acquisition within the conservation area; $1 million shall be available for development within the conservation area; and $500,000 shall be available for planning and development of the Masau Trail. (Pub. L. 100-225, title V, § 510, Dec. 31, 1987, 101 Stat. 1549.) Adams National Historic Site, Massachusetts... Allegheny Portage Railroad National Historic Site, Pennsylvania (78 Stat. 752).. Andersonville National Historic Site, Georgia (84 Stat. 989) Andrew Johnson National Historic Site (77 Stat. 349)... Ansley Wilcox House (Theodore Roosevelt Inaugural) National Historic Site (80 Stat. 1101).. Bent's Old Fort National Historic Site, Colorado (74 Stat. 155) Boston African American National Historic Date designated Dec. 9, 1946 Aug. 31, 1964 Oct. 16, 1970 Dec. 11, 1963 Nov. 2, 1966 June 3, 1960 Oct. 10, 1980 Oct. 17, 1968 Fort Union Trading Post National Historic Frederick Law Olmsted National Historic Golden Spike National Historic Site, Utah (79 Stat. 426). Illinois and Michigan Canal National Heritage Corridor, Illinois (98 Stat. 1456). Aug. 24, 1984 June 20, 1966 Oct. 12, 1979 Nov. 10, 1978 Sept. 8, 1980 July 30, 1965 Grant-Kohrs Ranch National Historic Site, Herbert Hoover National Historic Site, Iowa (79 Stat. 510).. Home of Franklin D. Roosevelt National Historic Site, New York Aug. 25, 1972 June 22, 1948 May 23, 1983 Aug. 12, 1965 Jan. 15, 1944 Aug. 3, 1938 Aug. 28, 1965 Dec. 28, 1980 Hopewell Village National Historic Site, Pennsylvania Hubbell Trading Post National Historic Site, Arizona (79 Stat. 584) James A. Garfield National Historic Site, Jefferson National Expansion Memorial, John Fitzgerald Kennedy National Historic Knife River Indian Villages National Historic Site, North Dakota (88 Stat. 1461).... Lincoln Home National Historic Site, Illinois (85 Stat. 347) Longfellow National Historic Site, Massachusetts (86 Stat. 791).... Maggie L. Walker National Historical Site, Virginia (92 Stat. 3510). Martin Luther King, Junior, National Historic Site, Georgia (94 Stat. 1839) Martin Van Buren National Historic Site, New York (88 Stat. 1462)... Mary McLeod Bethune Council House National Historic Site, District of Columbia (96 Stat. 1615). Ninety Six National Historic Site, South Carolina (90 Stat. 1196) Dec. 21, 1935 Dec. 23, 1987 May 26, 1967 Aug. 31, 1964 Oct. 26, 1974 Aug. 18, 1971 Oct. 9, 1972 Nov. 10, 1978 Oct. 10, 1980 Oct. 26, 1974 Oct. 15, 1982 Aug. 19, 1976 SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections le, 230e, 281e, 282a, 282b, 396d, 397d, 407q, 410u, 410w, 410z-4. 410aa-2, 410bb-1, 410ee, 410ii-5, 410jj-4, 410kk-1, 410, 430m, 450e-1, 450hh-2, 450jj-5, 450pp-1, 459h-4, 462, 463, 464, 465, 466, 467, 467b, 468, 469, 470a, 1133, 1244, 3206 of this title; title 40 sections 304a-2, 871. § 462. Administration by Secretary of the Interior; powers and duties enumerated SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1e, 230e, 281e, 282a, 282b, 396d, 397d, 407q, 410u, 410w, 410z-4. 410aa-2, 410bb-1, 410cc-22, 410cc-32, 410ee, 410ii-5, 410jj-4, 410kk-1, 410ll, 430m, 450e-1, 450hh-2, 450jj-5. 450pp-1, 459h-4, 463, 464, 465, 466, 467, 467b, 468, 469. 470a, 1133, 1244 of this title; title 40 sections 304a-2, 871. § 463. National Park System Advisory Board SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections le, 230e, 281e, 282a, 282b, 396d, 397d, 407q, 410u, 410w, 410z-4, 410aa-2, 410bb-1, 410ee, 410ii-5, 410jj-4, 410kk-1, 410, 430m, 450e-1, 450hh-2, 450jj-5, 450pp-1, 459h-4, 462, 464, 465, 466, 467, 467b, 468, 469, 470a, 1133, 1244 of this title; title 40 sections 304a-2, 484, 871. § 464. Cooperation with governmental and private agencies SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1e, 230e, 281e, 282a, 282b, 396d, 397d, 407q, 410u, 410w, 410z-4, 410aa-2, 410bb-1, 410ee, 410ii-5, 410jj-4, 410kk-1, 410, 430m, 450e-1, 450hh-2, 450jj-5, 450pp-1, 459h-4, 462, 463, 465, 466, 467, 467b, 468, 469, 470a, 1133, 1244 of this title; title 40 sections 304a-2, 871. § 465. Jurisdiction of States in acquired lands SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1e, 230e, 281e, 282a, 282b, 396d, 397d, 407q. 410u, 410w, 410z-4, 410aa-2, 410bb-1, 410ee, 410ii-5, 410jj-4, 410kk-1, 410U, 430m, 450e-1, 450hh-2, 450jj-5, 450pp-1, 459h-4, 462, 463, 464, 466, 467, 467b, 468, 469, 470a, 1133, 1244 of this title; title 40 sections 304a-2, 871. § 466. Authorization of appropriations SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections le, 230e, 281e, 282a, 282b, 396d, 397d, 407q, 410u, 410w, 410z-4, 410aa-2, 410bb-1, 410ee, 410ii-5, 410jj-4, 410kk-1, 410, 430m, 450e-1, 450hh-2, 450jj-5, 450pp-1, 459h-4, 462, 463, 464, 465, 467, 467b, 468, 469, 470a, 1133, 1244 of this title; title 40 sections 304a-2, 871. § 467. Conflict of laws SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections le, 230e, 281e, 282a, 282b, 396d, 397d, 407q. 410u, 410w, 410z-4, 410aa-2, 410bb-1, 410ee, 410ii-5, 410jj-4, 410kk-1, 410, 430m, 450e-1, 450hh-2, 450jj-5, 450pp-1, 459h-4, 462, 463, 464, 465, 466, 467b, 468, 469, 470a, 1133, 1244 of this title; title 40 sections 304a-2, 871. § 469j. Commission for the Preservation of America's Heritage Abroad (a) Purpose Because the fabric of a society is strengthened by visible reminders of the historical roots of the society, it is in the national interest of the United States to encourage the preservation and protection of the cemeteries, monuments, and historic buildings associated with the foreign heritage of United States citizens. (b) Establishment There is established a commission to be known as the Commission for the Preservation of America's Heritage Abroad (hereafter 2 in this section referred to as the "Commission"). (c) Duties The Commission shall (1) identify and publish a list of those cemeteries, monuments, and historic buildings located abroad which are associated with the foreign heritage of United States citizens from eastern and central Europe, particularly those cemeteries, monuments, and buildings which are in danger of deterioration or destruction; (2) encourage the preservation and protection of such cemeteries, monuments, and historic buildings by obtaining, in cooperation with the Department of State, assurances from foreign governments that the cemeteries, monuments, and buildings will be preserved and protected; and (3) prepare and disseminate reports on the condition of and the progress toward preserving and protecting such cemeteries, monuments, and historic buildings. (d) Membership (1) The Commission shall consist of 21 members appointed by the President, 7 of whom "So in original. Probably should be "hereinafter". shall be appointed after consultation with the Speaker of the House of Representatives and 7 of whom shall be appointed after consultation with the President pro tempore of the Senate. (2)(A) Except as provided in subparagraphs (B) and (C), members of the Commission shall be appointed for terms of 3 years. (B) of the members first appointed after consultation with the Speaker of the House of Representatives, 5 shall be appointed for a term of 2 years. Of the members first appointed after consultation with the President pro tempore of the Senate, 5 shall be appointed for 2 years. (C) A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the member's predecessor was appointed. (D) A member may retain membership on the Commission until the member's successor has been appointed. (3) The President shall designate the Chairman of the Commission from among its members. (e) Meetings The Commission shall meet at least once every three months. (f) Compensation and per diem (1) Members of the Commission shall receive no pay on account of their service on the Commission. (2) While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5. (g) Authorities (1) The Commission or any member it authorizes may, for the purposes of carrying out this section, hold such hearings, sit and act at such times and places, request such attendance, take such testimony, and receive such evidence, as the Commission considers appropriate. (2) The Commission may appoint such personnel (subject to the provisions of title 5 which govern appointments in the competitive service) and may fix the pay of such personnel (subject to the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates) as the Commission deems desirable. (3) The Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay then in effect for grade GS-18 of the General Schedule (5 U.S.C. 5332(a)). (4) Upon request of the Commission, the head of any Federal department or agency, including the Secretary of State, may detail, on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist it in carrying out its duties under this section. |