Page:United States Statutes at Large Volume 114 Part 2.djvu/543

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PUBLIC LAW 106-351—OCT. 24, 2000 114 STAT. 1367 unless such operation was conducted prior to February 16, 2000. For purposes of this paragraph, "commercial air tour operation" means any flight conducted for compensation or hire in a powered aircraft where a purpose of the flight is sightseeing. (i) WITHDRAWALS.— (1) IN GENERAL.— Subject to valid existing rights as provided in section 3(d), the Federal lands and interests in lands included within the National Monument are hereby withdrawn from— (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the public land mining laws; and (C) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws. (2) EXCHANGE. —Paragraph (1)(A) does not apply in the case of— (A) an exchange that the Secretary determines would further the protective purposes of the National Monument; or (B) the exchange provided in section 6(e). SEC. 6. ACQUISITION OF LAND. (a) ACQUISITION AUTHORIZED; METHODS. —State, local government, tribal, and privately held land or interests in land within the boundaries of the National Monument may be acquired for management as part of the National Monument only by— (1) donation; (2) exchange with a willing party; or (3) purchase from a willing seller. (b) USE OF EASEMENTS.—To the extent practicable, and if preferred by a willing landowner, the Secretary of the Interior and the Secretary of Agriculture shall use permanent conservation easements to acquire interests in land in the National Monument in lieu of acquiring land in fee simple and thereby removing land from non-Federal ownership. (c) VALUATION OF PRIVATE PROPERTY.— The United States shall offer the fair market value for any interests or partial interests in land acquired under this section. (d) INCORPORATION OF ACQUIRED LANDS AND INTERESTS. —Any land or interest in lands within the boundaries of the National Monument that is acquired by the United States after the date of the enactment of this Act shall be added to and administered as part of the National Monument as provided in section 3(b). (e) LAND EXCHANGE AUTHORIZATION.— In order to support the cooperative management agreement in effect with the Agua Caliente Band of Cahuilla Indians as of the date of the enactment of this Act, the Secretary of the Interior may, without further authorization by law, exchange lands which the Bureau of Land Management has acquired using amounts provided under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-4 et seq.), with the Agua Caliente Band of Cahuilla Indians. Any such land exchange may include the exchange of federally owned property within or outside of the boundaries of the National Monument for property owned by the Agua Caliente Band of Cahuilla Indians within or outside of the boundaries of the National Monument.