Sec. 103. Sale or exchange of eligible land
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Notwithstanding sections 202 and 203, subsections
(b)through
(i)of section 206, and section 209 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713, 1716, 1719), the Secretary, in cooperation with the County, in accordance with this Act and any other applicable law, and subject to valid existing rights, shall conduct sales or exchanges of the eligible land. The Secretary and the County shall jointly select which parcels of eligible land to offer for sale or exchange under subsection (a). Before carrying out a sale or exchange under subsection (a), the County shall submit to the Secretary a certification that qualified bidders have agreed to comply with— local zoning ordinances; and any master plan for the area approved by the County. The sale or exchange of eligible land under subsection
(a)shall be— consistent with subsections (b), (d), and
(f)of section 203 and section 206(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713 , 1716(a)); and conducted through— a sale, which shall be— through a competitive bidding process, under which adjoining landowners are offered the first option, unless otherwise determined by the Secretary; for not less than fair market value, based on an appraisal in accordance with the Uniform Standards of Professional Appraisal Practice; and conducted in accordance with subsection (f); or subject to paragraph (3), an acre-for-acre exchange for private land located within a Management Priority Area identified under paragraph (4)(A). Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Secretary shall— conduct a mass appraisal of the eligible land to determine whether any parcel of eligible land is likely valued at equal to or greater than $500 per acre (in 2017 constant dollars, as measured by the Consumer Price Index); and make available to the public the results of the mass appraisal conducted under subparagraph (A). If the Secretary determines that a parcel of eligible land is likely valued at equal to or greater than $500 per acre (in 2017 constant dollars, as measured by the Consumer Price Index) under paragraph (2)(A), the Secretary shall exclude that parcel from the acre-for-acre exchange described in paragraph (1)(B)(ii). If a mass appraisal of eligible land under paragraph (2)(A) is not finalized, or up-to-date and publicly available, before an acre-for-acre exchange described in paragraph (1)(B)(ii) is completed, the Secretary may finalize the exchange if the Secretary publishes in the Federal Register— a determination stating that the one or more parcels of eligible land included in the exchange are likely valued at less than $500 per acre (in 2017 constant dollars, as measured by the Consumer Price Index); and a description of the methodology used to arrive at that determination. Subject to subparagraph (B), not later than 1 year after the date of enactment of this Act, for the purpose of the exchanges authorized under paragraph (1)(B)(ii), the Secretary— shall identify Management Priority Areas within the Checkerboard Lands Resolution Area, as identified on the Map, that are considered by the Secretary to be— greater sage-grouse habitat; part of an identified wildlife corridor or designated critical habitat; of value for outdoor recreation or public access for hunting, fishing, and other recreational purposes; of significant cultural, historic, ecological, or scenic value; or of value for improving Federal land management; and as appropriate, may identify additional management priority areas in the County any time after the identification under clause
(i)is completed. Management of Federal land within any Management Priority Area identified under subparagraph
(A)shall not be changed based solely on that identification. Subject to valid existing rights and mining claims for which the claims maintenance fees have been paid in the applicable assessment year, effective on the date on which a parcel of eligible land is selected for sale or exchange under subsection (b), that parcel is withdrawn from— all forms of entry and appropriation under the public land laws, including the mining laws; location, entry, and patent under the mining laws; and operation of the mineral leasing and geothermal leasing laws. The withdrawal of a parcel of eligible land under paragraph
(1)shall terminate— on the date of sale or, in the case of exchange, the conveyance of title of the parcel of eligible land under this title; or with respect to any parcel of eligible land selected for sale or exchange under subsection
(b)that is not sold or exchanged, not later than 2 years after the date on which the parcel was offered for sale or exchange under this title. Except as provided in paragraph (3), not later than 1 year after the date of enactment of this Act, and not less frequently than once per year thereafter until the date on which the limitation in subparagraph
(B)has been reached or the date on which the County requests a postponement under paragraph (3), the Secretary shall offer for sale the parcels of eligible land jointly selected under subsection (b). The total acreage of eligible land sold under this title shall consist of not more than 150,000 acres of eligible land. Except as provided in paragraph (3), not later than 1 year after the date on which the Management Priority Areas are identified under subsection (d)(4)(A), and not less frequently than once per year thereafter until the date on which all of the parcels of eligible land have been disposed of or the date on which the County requests a postponement under paragraph (3), the Secretary shall offer for exchange the parcels of eligible land jointly selected under subsection (b). At the request of the County, the Secretary shall postpone or exclude from a sale or exchange all or a portion of the eligible land jointly selected under subsection (b). Unless specifically requested by the County, a postponement under subparagraph
(A)shall not be indefinite. The Secretary may postpone or exclude from a sale or exchange all or a portion of the eligible land jointly selected under subsection
(b)for emergency ecological or safety reasons.
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