Sec. 3. Exchange of land; equalization of value
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/bill/115/s/357/is/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding the land use planning requirements of sections 202, 210, and 211 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1720–21), subject to valid existing rights, and conditioned upon any equalization payment necessary under section 206(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(b) ), and subsection
(b)of this Act, as soon as practicable, but not later than 2 years after the date of enactment of this Act, the Secretary shall— quitclaim to the conservation district all right, title, and interest of the United States in and to the public land, and any such portion of the public exchange parcel as may be required to equalize the values of the lands exchanged; and accept from the conservation district a conveyance of all right, title, and interest of the conservation district in and to the exchange land, and any such portion of the non-public exchange parcel as may be required to equalize the values of the lands exchanged. To the extent an equalization payment is necessary under section 206(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716 ), the amount of such equalization payment shall first be made by way of in-kind transfer of such portion of the public exchange parcel to the conservation district, or transfer of such portion of the non-public exchange parcel to the United States, as the case may be, as may be necessary to equalize the fair market values of the exchanged properties, as such values are indicated by the appraisal provided for under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716 ). Such appraisal shall include an appraisal of the public exchange parcel and the non-public exchange parcel. The fair market value of the public exchange parcel or non-public exchange parcel, as the case may be, shall be credited against any required equalization payment. To the extent such credit is not sufficient to offset the entire amount of equalization payment so indicated, any remaining amount of equalization payment shall be treated as follows: If the equalization payment is to equalize values by which the public land exceeds the exchange land and the credited value of the non-public exchange parcel, conservation district may make the equalization payment to the United States, notwithstanding any limitation regarding the amount of the equalization payment under section 206(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716 ). In the event conservation district opts not to make the indicated equalization payment, the exchange shall not proceed. If the equalization payment is to equalize values by which the exchange land exceeds the public land and the credited value of the public exchange parcel, the Secretary shall order the exchange without requirement of any additional equalization payment by the United States to the conservation district. As soon as practicable after the date of the enactment of this Act, the Secretary shall finalize a map and legal descriptions of all land to be conveyed under this Act. The Secretary may correct any minor errors in the map or in the legal descriptions. The map and legal descriptions shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. As a condition of conveyance, any costs related to the conveyance under this section shall be paid by the conservation district.
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