Sec. 9. Land exchanges
501 words·~2 min read·
/bill/113/s/1805/is/section-9A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to subsections
(c)through (f), the Secretary shall attempt to enter into an agreement to initiate an exchange under section 2201.1 of title 43, Code of Federal Regulations (or successor regulations), with the Commissioner of Public Lands of New Mexico, by the date that is 18 months after the date of enactment of this Act, to provide for a conveyance to the State of all right, title, and interest of the United States in and to Bureau of Land Management land in the State identified under subsection
(b)in exchange for the conveyance by the State to the Secretary of all right, title, and interest of the State in and to parcels of State trust land within the boundary of the Monument identified under that subsection or described in section 4(e)(2). The Secretary and the Commissioner of Public Lands of New Mexico shall jointly identify the Bureau of Land Management land and State trust and eligible for exchange under this section, the exact acreage and legal description of which shall be determined by surveys approved by the Secretary and the New Mexico State Land Office. A land exchange under subsection
(a)shall be carried out in accordance with section 206 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716 ). A land exchange under subsection
(a)shall be subject to— valid existing rights; and such terms as the Secretary and the State shall establish. The value of the Bureau of Land Management land and the State trust land to be conveyed in a land exchange under this subsection— shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or if not equal, shall be equalized in accordance with paragraph (3). The Bureau of Land Management land and State trust land to be exchanged under this section shall be appraised by an independent, qualified appraiser that is agreed to by the Secretary and the State. An appraisal under subparagraph
(A)shall be conducted in accordance with— the Uniform Appraisal Standards for Federal Land Acquisitions; and the Uniform Standards of Professional Appraisal Practice. If the value of the Bureau of Land Management land and the State trust land to be conveyed in a land exchange under this section is not equal, the value may be equalized by— making a cash equalization payment to the Secretary or to the State, 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 reducing the acreage of the Bureau of Land Management land or State trust land to be exchanged, as appropriate. Any cash equalization payments received by the Secretary under subparagraph (A)(i) shall be— 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 used in accordance with that Act. No exchange of land shall be conducted under this section unless mutually agreed to by the Secretary and the State.
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