Sec. 15005. Equal value exchange and appraisals
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/bill/114/s/2012/eah/section-15005A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The values of the lands to be exchanged under this Act shall be determined by the Secretary through appraisals performed in accordance with— the Uniform Appraisal Standards for Federal Land Acquisitions; the Uniform Standards of Professional Appraisal Practice; appraisal instructions issued by the Secretary; and shall be performed by an appraiser mutually agreed to by the Secretary and BHI. The values of the Federal and non-Federal land parcels exchanged shall be equal, or if they are not equal, shall be equalized as follows:
If the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land parcel identified in section 15003(3)(A), BHI shall make a cash equalization payment to the United States as necessary to achieve equal value, including, if necessary, an amount in excess of that authorized pursuant to section 206(b) of the Federal Land Policy and Management Act of l976 ( 43 U.S.C. 1716(b) ). Any cash equalization moneys received by the Secretary under paragraph
(1)shall be— deposited in the fund established under Public Law 90–171 (commonly known as the Sisk Act ; 16 U.S.C. 484a ); and made available to the Secretary for the acquisition of land or interests in land in Region 2 of the Forest Service. If the final appraised value of the non-Federal land parcel identified in section 15003(3)(A) exceeds the final appraised value of the Federal land, the United States shall not make a cash equalization payment to BHI, and surplus value of the non-Federal land shall be considered a donation by BHI to the United States for all purposes of law. The appraised value of the Federal land parcel shall not reflect any increase or diminution in value due to the special use permit existing on the date of the enactment of this Act to BHI on the parcel and improvements thereunder. The Barr Trail easement donation identified in section 15003(3)(B) shall not be appraised for purposes of this Act.
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- Pub. L. 90-171
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