Pub. L. 111-11, tit. I, subtit. J, sec. 1754

LAND EXCHANGES.

EnactedYear: 2009Length: 1,177 wordsOfficial source
SEC. 1754. LAND EXCHANGES.(a) Confederated Tribes of the Warm Springs Reservation Land Exchange.—(1) Conveyance of land.—Subject to subsections (e) through (g), if the Tribes offer to convey to the United States all right, title, and interest of the Tribes 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 Tribes all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).(2) Description of land.—123 STAT. 1050(A) Non-federal land.—The non-Federal land referred to in paragraph (1) is the approximately 4,480 acres of non-Federal land identified on the wilderness map as “Lands proposed for transfer from the CTWSIR to the Federal Government”.(B) Federal land.—The Federal land referred to in paragraph (1)(B) is the approximately 4,578 acres of Federal land identified on the wilderness map as “Lands proposed for transfer from the Federal Government to CTWSIR”.(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Secretary.(4) Withdrawal.—Subject to valid existing rights, the land acquired by the Secretary under this subsection is withdrawn from all forms of—(A) entry, appropriation, or disposal under the public land laws;(B) location, entry, and patent under the mining laws; and(C) disposition under any law relating to mineral and geothermal leasing or mineral materials.(b) McGreer Land Exchange.—(1) Conveyance of land.—Subject to subsections (e) through (g), 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 18 acres of non-Federal land identified on the wilderness map as “Lands proposed for transfer from McGreer to the Federal Government”.(B) Federal land.—The Federal land referred to in paragraph (1)(B) is the approximately 327 acres of Federal land identified on the wilderness map as “Lands proposed for transfer from the Federal Government to McGreer”.(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) Keys Land Exchange.—(1) Conveyance of land.—Subject to subsections (e) through (g), 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).123 STAT. 1051(2) Description of land.—(A) Non-federal land.—The non-Federal land referred to in paragraph (1) is the approximately 180 acres of non-Federal land identified on the wilderness map as “Lands proposed for transfer from Keys to the Federal Government”.(B) Federal land.—The Federal land referred to in paragraph (1)(B) is the approximately 187 acres of Federal land identified on the wilderness map as “Lands proposed for transfer from the Federal Government to Keys”.(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.(d) Bowerman Land Exchange.—(1) Conveyance of land.—Subject to subsections (e) through (g), 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 32 acres of non-Federal land identified on the wilderness map as “Lands proposed for transfer from Bowerman to the Federal Government”.(B) Federal land.—The Federal land referred to in paragraph (1)(B) is the approximately 24 acres of Federal land identified on the wilderness map as “Lands proposed for transfer from the Federal Government to Bowerman”.(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.(e) 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).(f) 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—123 STAT. 1052(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.(g) 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.(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.(h) 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.