Sec. 511. Sale or exchange of eligible land
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Notwithstanding sections 202, 203, 206, and 209 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713, 1716, 1719), as soon as practicable after the date of the enactment of this Act, the Secretary, in accordance with this subtitle and any other applicable law and subject to valid existing rights, shall conduct sales or exchanges of the eligible land. After providing public notice, the Secretary and the County shall jointly select parcels of eligible land to be offered for sale or exchange under subsection (a). A sale of eligible land under subsection
(a)shall be— consistent with subsections
(d)and
(f)of section 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1713 ); conducted through a competitive bidding process, under which adjoining landowners are offered the first option, unless the Secretary determines there are suitable and qualified buyers that are not adjoining landowners; and for not less than fair market value, based on an appraisal in accordance with subsection (f). An exchange of eligible land under subsection
(a)shall be consistent with subsection 206(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716 ). The value of the eligible land and private land to be exchanged under subsection (a)— shall be equal; or shall be made equal in accordance with subparagraph (B). With respect to the eligible land and private land to be exchanged under subsection (a), if the value of the eligible land exceeds the value of the private land, the value of the eligible land and the private land shall be equalized by— by the owner of the private land making a cash equalization payment to the Secretary; adding private land to the exchange; or removing eligible land from the exchange. With respect to the eligible land and private land to be exchanged under subsection (a), if the value of the private land exceeds the value of the eligible land, the value of the private land and the eligible land shall be equalized by— by the Secretary making a cash equalization payment to the owner of the private land, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(b) ); adding eligible land to the exchange; or removing private land from the exchange. To the extent practicable, the Secretary shall seek to enter into agreements with one or more owners of private land adjacent to the eligible land for the exchange of the private land for the eligible land, if the Secretary determines that the exchange would consolidate Federal land ownership and facilitate improved Federal land management. In acquiring private land under this subsection, the Secretary shall give priority to the acquisition of private land in higher value natural resource areas in the County. Not later than 2 years after the date of the enactment of this Act, and every 5 years thereafter, the Secretary shall— conduct a mass appraisal of eligible land to be sold or exchanged under this section; prepare an evaluation analysis for each land transaction under this section; and make available to the public the results of the mass appraisals conducted under subparagraph (A). The Secretary may use mass appraisals and evaluation analyses conducted under paragraph
(1)to facilitate exchanges of eligible land for private land. 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; and the Uniform Standards of Professional Appraisal Practice. An appraisal conducted under paragraph
(1)shall remain valid for 5 years after the date on which the appraisal is approved by the Secretary. Not later than 2 years after the date on which the eligible land is jointly selected under subsection (b), the Secretary shall offer for sale or exchange the parcels of eligible land jointly selected under that subsection. The Secretary or the County may postpone, or exclude from, a sale or exchange of all or a portion of the eligible land jointly selected under subsection
(b)for emergency ecological or safety reasons. Subject to valid existing rights and mining claims, millsites, and tunnel sites, effective on the date on which a parcel of eligible land is jointly selected under subsection
(b)for sale or exchange, 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 section; or with respect to any parcel of eligible land selected for sale or exchange under subsection
(c)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 section.
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