Pub. L. 111-11, tit. I, subtit. I, sec. 1704

LAND EXCHANGES.

EnactedYear: 2009Length: 746 wordsOfficial source
SEC. 1704. LAND EXCHANGES.(a) Clarno Land Exchange.—(1) Conveyance of land.—Subject to subsections (c) through (e), if the landowner offers to convey to the United States all right, title, and interest of the landowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall—(A) accept the offer; and(B) on receipt of acceptable title to the non-Federal land, convey to the Landowner all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).(2) Description of land.—(A) Non-federal land.—The non-Federal land referred to in paragraph (1) is the approximately 239 acres of non-Federal land identified on the wilderness map as “Clarno to Federal Government”.(B) Federal land.—The Federal land referred to in paragraph (1)(B) is the approximately 209 acres of Federal land identified on the wilderness map as “Federal Government to Clarno”.(3) Surveys.—The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.(b) District Exchange.—(1) Conveyance of land.—Subject to subsections (c) through (e), if the District offers to convey to the United States all right, title, and interest of the District in and to the non-Federal land described in paragraph (2)(A), the Secretary shall—(A) accept the offer; and(B) on receipt of acceptable title to the non-Federal land, convey to the District all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).(2) Description of land.—(A) Non-federal land.—The non-Federal land referred to in paragraph (1) is the approximately 527 acres of non-Federal land identified on the wilderness map as “COID to Federal Government”.(B) Federal land.—The Federal land referred to in paragraph (1)(B) is the approximately 697 acres of Federal land identified on the wilderness map as “Federal Government to COID”.123 STAT. 1047(3) Surveys.—The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.(c) Applicable Law.—Except as otherwise provided in this section, the Secretary shall carry out the land exchanges under this section in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).(d) Valuation, Appraisals, and Equalization.—(1) In general.—The value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section—(A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or(B) if not equal, shall be equalized in accordance with paragraph (3).(2) Appraisals.—(A) In general.—The Federal land and the non-Federal land to be exchanged under this section shall be appraised by an independent, qualified appraiser that is agreed to by the Secretary and the owner of the non-Federal land to be exchanged.(B) Requirements.—An appraisal under subparagraph (A) shall be conducted in accordance with—(i) the Uniform Appraisal Standards for Federal Land Acquisitions; and(ii) the Uniform Standards of Professional Appraisal Practice.(3) Equalization.—(A) In general.—If the value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section is not equal, the value may be equalized by—(i) making a cash equalization payment to the Secretary or to the owner of the non-Federal land, as appropriate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); or(ii) reducing the acreage of the Federal land or the non-Federal land to be exchanged, as appropriate.(B) Cash equalization payments.—Any cash equalization payments received by the Secretary under subparagraph (A)(i) shall be—(i) deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and(ii) used in accordance with that Act.(e) Conditions of Exchange.—(1) In general.—The land exchanges under this section shall be subject to such terms and conditions as the Secretary may require.(2) Costs.—As a condition of a conveyance of Federal land and non-Federal land under this section, the Federal Government and the owner of the non-Federal land shall equally share all costs relating to the land exchange, including the costs of appraisals, surveys, and any necessary environmental clearances.123 STAT. 1048(3) Valid existing rights.—The exchange of Federal land and non-Federal land under this section shall be subject to any easements, rights-of-way, and other valid rights in existence on the date of enactment of this Act.(f) Completion of Land Exchange.—It is the intent of Congress that the land exchanges under this section shall be completed not later than 2 years after the date of enactment of this Act.
Pub. L. 111-11, tit. I, subtit. I, sec. 1704: LAND EXCHANGES. | Justis AI