Sec. 203. Exchange of Federal land and non-Federal land
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If the State offers to convey to the United States title to the non-Federal land, the Secretary shall— accept the offer; and on receipt of all right, title, and interest in and to the non-Federal land, convey to the State (or a designee) all right, title, and interest of the United States in and to the Federal land. The exchange authorized under subsection
(a)shall be subject to valid existing rights. Title to the Federal land and non-Federal land to be exchanged under this section shall be in a format acceptable to the Secretary and the State. The value of the Federal land and the non-Federal land to be exchanged under this section shall be determined by appraisals conducted by one or more independent appraisers retained by the State, with the consent of the Secretary. The appraisals under paragraph
(1)shall be conducted in accordance with nationally recognized appraisal standards, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions. The appraisals under paragraph
(1)shall take into account mineral and technical reports provided by the Secretary and the State in the evaluation of mineral deposits in the Federal land and non-Federal land. An appraisal of any parcel of Federal land that is encumbered by a mining or millsite claim located under sections 2318 through 2352 of the Revised Statutes (commonly known as the Mining Law of 1872 ) ( 30 U.S.C. 21 et seq. ) shall take into account the encumbrance created by the claim for purposes of determining the value of the parcel of the Federal land. Nothing in this title requires the United States to conduct a mineral examination for any mining claim on the Federal land. The appraisals conducted under paragraph
(1)shall be submitted to the Secretary and the State for approval. If, by the date that is 90 days after the date of submission of an appraisal for review and approval under this subsection, the Secretary or State do not agree to accept the findings of the appraisals with respect to one or more parcels of Federal land or non-Federal land, the dispute shall be resolved in accordance with section 206(d)(2) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(d)(2) ). The appraisals conducted under paragraph
(1)shall remain valid until the date of the completion of the exchange authorized under this title. The Secretary shall reimburse the State in an amount equal to 50 percent of the costs incurred by the State in retaining independent appraisers under paragraph (1). The land exchange authorized under this title shall be completed by the later of— the date that is 1 year after the date of final approval by the Secretary and the State of the appraisals conducted under subsection (d); and the date that is 1 year after the date of completion of the dispute resolution process authorized under subsection (d)(5). At least 30 days before the date of conveyance of the Federal land and non-Federal land, all final appraisals and appraisal reviews for land to be exchanged under this section shall be available for public review at the office of the State Director of the Bureau of Land Management in the State of Utah. The Secretary or the State, as applicable, shall publish in a newspaper of general circulation in Salt Lake County, Utah, a notice that the appraisals conducted under subsection
(d)are available for public inspection. The value of the Federal land and non-Federal land to be exchanged under this section— shall be equal; or shall be made equal in accordance with paragraph (2). If the value of the Federal land exceeds the value of the non-Federal land, the value of the Federal land and non-Federal land shall be equalized by the State conveying to the United States— State trust land parcel 1, as described in the assessment entitled Bureau of Land Management Environmental Assessment UT–100–06–EA , numbered UTU–82090, and dated March 2008; or State trust land located within any of the wilderness areas or national conservation areas in Washington County, Utah, established under subtitle O of title I of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1075) that has an appraised value equal to the difference between— the value of the Federal land; and the value of the non-Federal land. Any non-Federal land required to be conveyed to the United States under clause
(i)shall be conveyed until the value of the Federal land and non-Federal land is equalized, in the following order: The State trust land parcel described in clause (i)(I) State trust land parcels located in the Red Cliffs National Conservation Area. State trust land parcels located in the Docs Pass Wilderness. State trust land parcels located in the Beaver Dam Wash National Conservation Area. If the value of the non-Federal land exceeds the value of the Federal land, the value of the Federal land and the non-Federal land shall be equalized by the Secretary making a cash equalization payment to the State, in accordance with section 206(b) of the Federal Land Policy Management ( 43 U.S.C. 1716(b) ). Subject to valid existing rights, the Federal land to be conveyed to the State under this section is withdrawn from mineral location, entry, and patent under the mining laws pending conveyance of the Federal land to the State.
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- Pub. L. 111-11
- 123 Stat. 1075
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Sec. 203
Exchange of Federal land and non-Federal land
Pub. L.Pub. L. 111-11
Stat.123 Stat. 1075
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