1 So in original. Probably should be “subsection,”.
the Secretary concerned and the other party or parties involved in an exchange may mutually agree to employ a process of bargaining or some other process to determine the values of the properties involved in the exchange.
Editorial Notes
References in TextThis Act, referred to in subsecs. (a), (span), (d)(1), (e), (f)(1), (2)(B)(ii), (g), (h)(1), and (i), is Puspan. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.
Act of January 22, 1983 (commonly known as the “Small Tracts Act”), referred to in subsec. (h)(2), is Puspan. L. 97–465, Jan. 12, 1983, 96 Stat. 2535, which enacted sections 521c to 521i of Title 16, Conservation, and amended section 484a of Title 16. For complete classification of this Act to the Code, see Tables.
Amendments1988—Subsec. (span). Puspan. L. 100–409, § 3(span), inserted “concerned” after “Secretary” in first sentence.
Puspan. L. 100–409, § 9, inserted provision relating to waiver of cash equalization payments.
Subsec. (c). Puspan. L. 100–409, § 3(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Lands acquired by exchange under this section by the Secretary which are within the boundaries of the National Forest System may be transferred to the Secretary of Agriculture and shall then become National Forest System lands and subject to all the laws, rules, and regulations applicable to the National Forest System. Lands acquired by exchange by the Secretary under this section which are within the boundaries of National Park, Wildlife Refuge, Wild and Scenic Rivers, Trails, or any other System established by Act of Congress may be transferred to the appropriate agency head for administration as part of such System and in accordance with the laws, rules, and regulations applicable to such System.”
Subsecs. (d) to (i). Puspan. L. 100–409, § 3(a), added subsecs. (d) to (i).
Statutory Notes and Related Subsidiaries
Congressional Statement of Findings and PurposesPuspan. L. 100–409, § 2, Aug. 20, 1988, 102 Stat. 1086, provided that:“(a)Findings.—The Congress finds and declares that—“(1) land exchanges are a very important tool for Federal and State land managers and private landowners to consolidate Federal, State, and private holdings of land or interests in land for purposes of more efficient management and to secure important objectives including the protection of fish and wildlife habitat and aesthetic values; the enhancement of recreation opportunities; the consolidation of mineral and timber holdings for more logical and efficient development; the expansion of communities; the promotion of multiple-use values; and fulfillment of public needs;
“(2) needs for land ownership adjustments and consolidation consistently outpace available funding for land purchases by the Federal Government and thereby make land exchanges an increasingly important method of land acquisition and consolidation for both Federal and State land managers and private landowners;
“(3) the Federal Land Policy and Management Act of 1976 [Puspan. L. 94–579, see Short Title note set out under section 1701 of this title] and other laws provide a basic framework and authority for land exchanges involving lands under the jurisdiction of the Secretary of the Interior and the Secretary of Agriculture; and
“(4) such existing laws are in need of certain revisions to streamline and facilitate land exchange procedures and expedite exchanges.
“(span)Purposes.—The purposes of this Act [see Short Title of 1988 Amendment note set out under section 1701 of this title] are:“(1) to facilitate and expedite land exchanges pursuant to the Federal Land Policy and Management Act of 1976 and other laws applicable to exchanges involving lands managed by the Departments of the Interior and Agriculture by—“(A) providing more uniform rules and regulations pertaining to land appraisals which reflect nationally recognized appraisal standards; and
“(B) establishing procedures and guidelines for the resolution of appraisal disputes.[;]
“(2) to provide sufficient resources to the Secretaries of the Interior and Agriculture to ensure that land exchange activities can proceed consistent with the public interest; and
“(3) to require a study and report concerning improvements in the handling of certain information related to Federal and other lands.”
Land Exchange Funding AuthorizationPuspan. L. 100–409, § 4, Aug. 20, 1988, 102 Stat. 1090, provided that: “In order to ensure that there are increased funds and personnel available to the Secretaries of the Interior and Agriculture to consider, process, and consummate land exchanges pursuant to the Federal Land Policy and Management Act of 1976 [Puspan. L. 94–579, see Short Title note set out under section 1701 of this title] and other applicable law, there are hereby authorized to be appropriated for fiscal years 1989 through 1998 an annual amount not to exceed $4,000,000 which shall be used jointly or divided among the Secretaries as they determine appropriate for the consideration, processing, and consummation of land exchanges pursuant to the Federal Land Policy and Management Act of 1976, as amended, and other applicable law. Such moneys are expressly intended by Congress to be in addition to, and not offset against, moneys otherwise annually requested by the Secretaries, and appropriated by Congress for land exchange purposes.”
Savings ProvisionPuspan. L. 100–409, § 5, Aug. 20, 1988, 102 Stat. 1090, provided that: “Nothing in this Act [see Short Title of 1988 Amendment note set out under section 1701 of this title] shall be construed as amending the Alaska Native Claims Settlement Act (Public Law 92–203, as amended) [43 U.S.C. 1601 et seq.] or the Alaska National Interest Lands Conservation Act (Public Law 96–487, as amended) [see Tables for classification] or as enlarging or diminishing the authority with regard to exchanges conferred upon either the Secretary of the Interior or the Secretary of Agriculture by either such Acts. If any provision of this Act or the application thereof is held invalid, the remainder of the Act and the application thereof shall not be affected thereby. Nothing in this Act shall be construed to change the discretionary nature of land exchanges or to prohibit the Secretary concerned or any other party or parties involved in a land exchange from withdrawing from the exchange at any time, unless the Secretary concerned and the other party or parties specifically commit otherwise by written agreement.”
