16 U.S.C. § 407f

Exchange of lands

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(a) State-owned lands; terms, conditions and reservations

For the purpose of acquiring the State-owned lands lying within the area described in section 407e of this title, consisting of 2,721.12 acres, and described as follows:

new mexico principal meridian, new mexicoTownship 24 south, range 23 east: section 36.Township 24 south, range 24 east: section 32.Township 24 south, range 25 east: section 32.Township 25 south, range 24 east: lots 1, 2, 3, and 4, south half north half, southwest quarter section 2.Township 26 south, range 22 east: south half section 2, the Secretary of the Interior may, subject to such terms, conditions, and reservations as may be necessary or are in the public interest, including the reservation of surface rights-of-way across Federal lands situated in township 25 south, range 24 east, New Mexico principal meridian, for the construction of roads and utility lines between park headquarters and Rattlesnake Springs, exchange the following described 2,719.80 acres of public land of approximately equal value:new mexico principal meridian, new mexicoTownship 24 south, range 25 east: southeast quarter section 34.Township 25 south, range 24 east: south half section 1; west half section 11; west half section 14; section 15; southeast quarter section 17.Township 25 south, range 25 east: south half section 5; lot 6, northeast quarter southwest quarter, southeast quarter section 6.Township 26 south, range 22 east: west half west half section 13; north half northeast quarter section 14.(b) Private lands; terms, conditions and reservations

For the purpose of acquiring the private lands or interests in lands lying within the area described in section 407e of this title, the Secretary of the Interior may, subject to such terms, conditions, and reservations as may be necessary, exchange on an approximately equal value basis any of the following described lands:

new mexico principal meridian, new mexicoTownship 25 south, range 24 east: southeast quarter section 9; south half, northeast quarter section 10.Township 26 south, range 22 east: south half, south half northeast quarter section 14.(c) State-leased lands; compensation of lessee for improvements; appraisal

Notwithstanding subsection (a) of this section, when an exchange involves lands in section 32, township 24 south, range 24 east, New Mexico principal meridian, which the State of New Mexico has leased, the Secretary may compensate a lessee for the reasonable value of his improvements to the lands. Reasonable value shall be determined by the Secretary of the Interior by obtaining an impartial appraisal.

(Pub. L. 88–249, § 2, Dec. 30, 1963, 77 Stat. 818.)

Notes of Decisions

Cited in 4 cases, 1983–2002 · leading case: Campanale & Sons, Inc. v. Evans, 311 F.3d 109 (1st Cir. 2002).

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Campanale & Sons, Inc. v. Evans, 311 F.3d 109 (1st Cir. 2002). “” ACFCMA on this point is in contrast with NHPA, 16 U.S.C. § 407f. Under NHPA, Congress empowered the Advisory Council on Historic Preservation to promulgate rigorous procedural rules governing the consultation process.”

Donald Richard Yerger v. F. Dale Robertson, Etc. Dept. Of Agric., 981 F.2d 460 (9th Cir. 1992). “16 U.S.C. § 407f; 36 C.F.R. § 800.2 (o) (1992).”

Paulina Lake Historic Cabin Owners Ass'n v. U.S.D.A. Forest Serv., 577 F. Supp. 1188 (D. Or. 1983). “1974): The Secretary [of the Interior] substantially complied with 16 U.S.C. § 407f when he referred the Agreement to the Advisory Council [on Historic Preservation] for its comments.”

City of Ridgeland v. Nat'l Park Serv., 253 F. Supp. 2d 888 (S.D. Miss. 2002). “26 The Act creates the Advisory Council on Historic Preservation (Advisory Council), 27 and in section 106, provides for a formal historic review consultation process with the Advisory Council, 16 U.S.C. § 407f. Regulations promulgated by the Advisory Council broadly direct that…”

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