§ 1716. — Exchanges of public lands or interests therein within the National Forest System.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1716]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER II--LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION
Sec. 1716. Exchanges of public lands or interests therein within
the National Forest System
(a) Authorization and limitations on authority of Secretary of the
Interior and Secretary of Agriculture
A tract of public land or interests therein may be disposed of by
exchange by the Secretary under this Act and a tract of land or
interests therein within the National Forest System may be disposed of
by exchange by the Secretary of Agriculture under applicable law where
the Secretary concerned determines that the public interest will be well
served by making that exchange: Provided, That when considering public
interest the Secretary concerned shall give full consideration to better
Federal land management and the needs of State and local people,
including needs for lands for the economy, community expansion,
recreation areas, food, fiber, minerals, and fish and wildlife and the
Secretary concerned finds that the values and the objectives which
Federal lands or interests to be conveyed may serve if retained in
Federal ownership are not more than the values of the non-Federal lands
or interests and the public objectives they could serve if acquired.
(b) Implementation requirements; cash equalization waiver
In exercising the exchange authority granted by subsection (a) of
this section or by section 1715(a) of this title, the Secretary
concerned may accept title to any non-Federal land or interests therein
in exchange for such land, or interests therein which he finds proper
for transfer out of Federal ownership and which are located in the same
State as the non-Federal land or interest to be acquired. For the
purposes of this subsection, unsurveyed school sections which, upon
survey by the Secretary, would become State lands, shall be considered
as ``non-Federal lands''. The values of the lands exchanged by the
Secretary under this Act and by the Secretary of Agriculture under
applicable law relating to lands within the National Forest System
either shall be equal, or if they are not equal, the values shall be
equalized by the payment of money to the grantor or to the Secretary
concerned as the circumstances require so long as payment does not
exceed 25 per centum of the total value of the lands or interests
transferred out of Federal ownership. The Secretary concerned and the
other party or parties involved in the exchange may mutually agree to
waive the requirement for the payment of money to equalize values where
the Secretary concerned determines that the exchange will be expedited
thereby and that the public interest will be better served by such a
waiver of cash equalization payments and where the amount to be waived
is no more than 3 per centum of the value of the lands being transferred
out of Federal ownership or $15,000, whichever is less, except that the
Secretary of Agriculture shall not agree to waive any such requirement
for payment of money to the United States. The Secretary concerned shall
try to reduce the amount of the payment of money to as small an amount
as possible.
(c) Status of lands acquired upon exchange by Secretary of the Interior
Lands acquired by the Secretary by exchange under this section which
are within the boundaries of any unit of the National Forest System,
National Park System, National Wildlife Refuge System, National Wild and
Scenic Rivers System, National Trails System, National Wilderness
Preservation System, or any other system established by Act of Congress,
or the boundaries of the California Desert Conservation Area, or the
boundaries of any national conservation area or national recreation area
established by Act of Congress, upon acceptance of title by the United
States shall immediately be reserved for and become a part of the unit
or area within which they are located, without further action by the
Secretary, and shall thereafter be managed in accordance with all laws,
rules, and regulations applicable to such unit or area.
(d) Appraisal of land; submission to arbitrator; determination to
proceed or withdraw from exchange; use of other valuation
process; suspension of deadlines
(1) No later than ninety days after entering into an agreement to
initiate an exchange of land or interests therein pursuant to this Act
or other applicable law, the Secretary concerned and other party or
parties involved in the exchange shall arrange for appraisal (to be
completed within a time frame and under such terms as are negotiated by
the parties) of the lands or interests therein involved in the exchange
in accordance with subsection (f) of this section.
(2) If within one hundred and eighty days after the submission of an
appraisal or appraisals for review and approval by the Secretary
concerned, the Secretary concerned and the other party or parties
involved cannot agree to accept the findings of an appraisal or
appraisals, the appraisal or appraisals shall be submitted to an
arbitrator appointed by the Secretary from a list of arbitrators
submitted to him by the American Arbitration Association for arbitration
to be conducted in accordance with the real estate valuation arbitration
rules of the American Arbitration Association. Such arbitration shall be
binding for a period of not to exceed two years on the Secretary
concerned and the other party or parties involved in the exchange
insofar as concerns the value of the lands which were the subject of the
appraisal or appraisals.
(3) Within thirty days after the completion of the arbitration, the
Secretary concerned and the other party or parties involved in the
exchange shall determine whether to proceed with the exchange, modify
the exchange to reflect the findings of the arbitration or any other
factors, or to withdraw from the exchange. A decision to withdraw from
the exchange may be made by either the Secretary concerned or the other
party or parties involved.
(4) Instead of submitting the appraisal to an arbitrator, as
provided in paragraph (2) of this section, the Secretary concerned and
the other party or parties involved in an exchange may mutually agree to
employ a process of bargaining or some other process to determine the
values of the properties involved in the exchange.
(5) The Secretary concerned and the other party or parties involved
in an exchange may mutually agree to suspend or modify any of the
deadlines contained in this subsection.
(e) Simultaneous issue of patents or titles
Unless mutually agreed otherwise by the Secretary concerned and the
other party or parties involved in an exchange pursuant to this Act or
other applicable law, all patents or titles to be issued for land or
interests therein to be acquired by the Federal Government and lands or
interest therein to be transferred out of Federal ownership shall be
issued simultaneously after the Secretary concerned has taken any
necessary steps to assure that the United States will receive acceptable
title.
(f) New rules and regulations; appraisal rules and regulations; ``costs
and other responsibilities or requirements'' defined
(1) Within one year after August 20, 1988, the Secretaries of the
Interior and Agriculture shall promulgate new and comprehensive rules
and regulations governing exchanges of land and interests therein
pursuant to this Act and other applicable law. Such rules and
regulations shall fully reflect the changes in law made by subsections
(d) through (i) of this section and shall include provisions pertaining
to appraisals of lands and interests therein involved in such exchanges.
(2) The provisions of the rules and regulations issued pursuant to
paragraph (1) of this subsection governing appraisals shall reflect
nationally recognized appraisal standards, including, to the extent
appropriate, the Uniform Appraisal Standards for Federal Land
Acquisitions: Provided, however, That the provisions of such rules and
regulations shall--
(A) ensure that the same nationally approved appraisal standards
are used in appraising lands or interest therein being acquired by
the Federal Government and appraising lands or interests therein
being transferred out of Federal ownership; and
(B) with respect to costs or other responsibilities or
requirements associated with land exchanges--
(i) recognize that the parties involved in an exchange may
mutually agree that one party (or parties) will assume, without
compensation, all or part of certain costs or other
responsibilities or requirements ordinarily borne by the other
party or parties; and
(ii) also permit the Secretary concerned, where such
Secretary determines it is in the public interest and it is in
the best interest of consummating an exchange pursuant to this
Act or other applicable law, and upon mutual agreement of the
parties, to make adjustments to the relative values involved in
an exchange transaction in order to compensate a party or
parties to the exchange for assuming costs or other
responsibilities or requirements which would ordinarily be borne
by the other party or parties.
As used in this subparagraph, the term ``costs or other
responsibilities or requirements'' shall include, but not be limited to,
costs or other requirements associated with land surveys and appraisals,
mineral examinations, title searches, archeological surveys and salvage,
removal of encumbrances, arbitration pursuant to subsection (d) of this
section, curing deficiencies preventing highest and best use, and other
costs to comply with laws, regulations and policies applicable to
exchange transactions, or which are necessary to bring the Federal or
non-Federal lands or interests involved in the exchange to their highest
and best use for the appraisal and exchange purposes. Prior to making
any adjustments pursuant to this subparagraph, the Secretary concerned
shall be satisfied that the amount of such adjustment is reasonable and
accurately reflects the approximate value of any costs or services
provided or any responsibilities or requirements assumed.
(g) Exchanges to proceed under existing laws and regulations pending new
rules and regulations
Until such time as new and comprehensive rules and regulations
governing exchange of land and interests therein are promulgated
pursuant to subsection (f) of this section, land exchanges may proceed
in accordance with existing laws and regulations, and nothing in the Act
shall be construed to require any delay in, or otherwise hinder, the
processing and consummation of land exchanges pending the promulgation
of such new and comprehensive rules and regulations. Where the Secretary
concerned and the party or parties involved in an exchange have agreed
to initiate an exchange of land or interests therein prior to the day of
enactment of such subsections, subsections (d) through (i) of this
section shall not apply to such exchanges unless the Secretary concerned
and the party or parties involved in the exchange mutually agree
otherwise.
(h) Exchange of lands or interests of approximately equal value;
conditions; ``approximately equal value'' defined
(1) Notwithstanding the provisions of this Act and other applicable
laws which require that exchanges of land or interests therein be for
equal value, where the Secretary concerned determines it is in the
public interest and that the consummation of a particular exchange will
be expedited thereby, the Secretary concerned may exchange lands or
interests therein which are of approximately equal value in cases
where--
(A) the combined value of the lands or interests therein to be
transferred from Federal ownership by the Secretary concerned in
such exchange is not more than $150,000; and
(B) the Secretary concerned finds in accordance with the
regulations to be promulgated pursuant to subsection (f) of this
section that a determination of approximately equal value can be
made without formal appraisals, as based on a statement of value
made by a qualified appraiser and approved by an authorized officer;
and
(C) the definition of and procedure for determining
``approximately equal value'' has been set forth in regulations by
the Secretary concerned and the Secretary concerned documents how
such determination was made in the case of the particular exchange
involved.
(2) As used in this subsection, the term ``approximately equal
value'' shall have the same meaning with respect to lands managed by the
Secretary of Agriculture as it does in the Act of January 22, 1983
(commonly known as the ``Small Tracts Act'').
(i) Segregation from appropriation under mining and public land laws
(1) Upon receipt of an offer to exchange lands or interests in lands
pursuant to this Act or other applicable laws, at the request of the
head of the department or agency having jurisdiction over the lands
involved, the Secretary of the Interior may temporarily segregate the
Federal lands under consideration for exchange from appropriation under
the mining laws. Such temporary segregation may only be made for a
period of not to exceed five years. Upon a decision not to proceed with
the exchange or upon deletion of any particular parcel from the exchange
offer, the Federal lands involved or deleted shall be promptly restored
to their former status under the mining laws. Any segregation pursuant
to this paragraph shall be subject to valid existing rights as of the
date of such segregation.
(2) All non-Federal lands which are acquired by the United States
through exchange pursuant to this Act or pursuant to other law
applicable to lands managed by the Secretary of Agriculture shall be
automatically segregated from appropriation under the public land law,
including the mining laws, for ninety days after acceptance of title by
the United States. Such segregation shall be subject to valid existing
rights as of the date of such acceptance of title. At the end of such
ninety day period, such segregation shall end and such lands shall be
open to operation of the public land laws and to entry, location, and
patent under the mining laws except to the extent otherwise provided by
this Act or other applicable law, or appropriate actions pursuant
thereto.
(Pub. L. 94-579, title II, Sec. 206, Oct. 21, 1976, 90 Stat. 2756; Pub.
L. 100-409, Secs. 3, 9, Aug. 20, 1988, 102 Stat. 1087, 1092.)
References in Text
This Act, referred to in subsecs. (a), (b), (d)(1), (e), (f)(1),
(2)(B)(ii), (g), (h)(1), and (i), is Pub. L. 94-579, Oct. 21, 1976, 90
Stat. 2743, as amended, known as the Federal Land Policy and Management
Act of 1976. For complete classification of this Act to the Code, see
Tables.
Act of January 22, 1983 (commonly known as the ``Small Tracts
Act''), referred to in subsec. (h)(2), is Pub. L. 97-465, Jan. 12, 1983,
96 Stat. 2535, which enacted sections 521c to 521i of Title 16,
Conservation, and amended section 484a of Title 16. For complete
classification of this Act to the Code, see Tables.
The mining laws, referred to in subsec. (i), are classified
generally to Title 30, Mineral Lands and Mining.
The public land law, referred to in subsec. (i)(2), is classified
generally to this title.
Amendments
1988--Subsec. (b). Pub. L. 100-409, Sec. 3(b), inserted
``concerned'' after ``Secretary'' in first sentence.
Pub. L. 100-409, Sec. 9, inserted provision relating to waiver of
cash equalization payments.
Subsec. (c). Pub. L. 100-409, Sec. 3(c), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``Lands
acquired by exchange under this section by the Secretary which are
within the boundaries of the National Forest System may be transferred
to the Secretary of Agriculture and shall then become National Forest
System lands and subject to all the laws, rules, and regulations
applicable to the National Forest System. Lands acquired by exchange by
the Secretary under this section which are within the boundaries of
National Park, Wildlife Refuge, Wild and Scenic Rivers, Trails, or any
other System established by Act of Congress may be transferred to the
appropriate agency head for administration as part of such System and in
accordance with the laws, rules, and regulations applicable to such
System.''
Subsecs. (d) to (i). Pub. L. 100-409, Sec. 3(a), added subsecs. (d)
to (i).
Congressional Statement of Findings and Purposes
Section 2 of Pub. L. 100-409 provided that:
``(a) Findings.--The Congress finds and declares that--
``(1) land exchanges are a very important tool for Federal and
State land managers and private landowners to consolidate Federal,
State, and private holdings of land or interests in land for
purposes of more efficient management and to secure important
objectives including the protection of fish and wildlife habitat and
aesthetic values; the enhancement of recreation opportunities; the
consolidation of mineral and timber holdings for more logical and
efficient development; the expansion of communities; the promotion
of multiple-use values; and fulfillment of public needs;
``(2) needs for land ownership adjustments and consolidation
consistently outpace available funding for land purchases by the
Federal Government and thereby make land exchanges an increasingly
important method of land acquisition and consolidation for both
Federal and State land managers and private landowners;
``(3) the Federal Land Policy and Management Act of 1976 [Pub.
L. 94-579, see Short Title note set out under section 1701 of this
title] and other laws provide a basic framework and authority for
land exchanges involving lands under the jurisdiction of the
Secretary of the Interior and the Secretary of Agriculture; and
``(4) such existing laws are in need of certain revisions to
streamline and facilitate land exchange procedures and expedite
exchanges.
``(b) Purposes.--The purposes of this Act [see Short Title of 1988
Amendment note set out under section 1701 of this title] are:
``(1) to facilitate and expedite land exchanges pursuant to the
Federal Land Policy and Management Act of 1976 and other laws
applicable to exchanges involving lands managed by the Departments
of the Interior and Agriculture by--
``(A) providing more uniform rules and regulations
pertaining to land appraisals which reflect nationally
recognized appraisal standards; and
``(B) establishing procedures and guidelines for the
resolution of appraisal disputes.[;]
``(2) to provide sufficient resources to the Secretaries of the
Interior and Agriculture to ensure that land exchange activities can
proceed consistent with the public interest; and
``(3) to require a study and report concerning improvements in
the handling of certain information related to Federal and other
lands.''
Land Exchange Funding Authorization
Section 4 of Pub. L. 100-409 provided that: ``In order to ensure
that there are increased funds and personnel available to the
Secretaries of the Interior and Agriculture to consider, process, and
consummate land exchanges pursuant to the Federal Land Policy and
Management Act of 1976 [Pub. L. 94-579, see Short Title note set out
under section 1701 of this title] and other applicable law, there are
hereby authorized to be appropriated for fiscal years 1989 through 1998
an annual amount not to exceed $4,000,000 which shall be used jointly or
divided among the Secretaries as they determine appropriate for the
consideration, processing, and consummation of land exchanges pursuant
to the Federal Land Policy and Management Act of 1976, as amended, and
other applicable law. Such moneys are expressly intended by Congress to
be in addition to, and not offset against, moneys otherwise annually
requested by the Secretaries, and appropriated by Congress for land
exchange purposes.''
Savings Provision
Section 5 of Pub. L. 100-409 provided that: ``Nothing in this Act
[see Short Title of 1988 Amendment note set out under section 1701 of
this title] shall be construed as amending the Alaska Native Claims
Settlement Act (Public Law 92-203, as amended) [43 U.S.C. 1601 et seq.]
or the Alaska National Interest Lands Conservation Act (Public Law 96-
487, as amended) [see Tables for classification] or as enlarging or
diminishing the authority with regard to exchanges conferred upon either
the Secretary of the Interior or the Secretary of Agriculture by either
such Acts. If any provision of this Act or the application thereof is
held invalid, the remainder of the Act and the application thereof shall
not be affected thereby. Nothing in this Act shall be construed to
change the discretionary nature of land exchanges or to prohibit the
Secretary concerned or any other party or parties involved in a land
exchange from withdrawing from the exchange at any time, unless the
Secretary concerned and the other party or parties specifically commit
otherwise by written agreement.''
Section Referred to in Other Sections
This section is referred to in sections 1715, 1718, 1719 of this
title; title 16 sections 410aaa-77, 460kk, 460mm-1, 460uu-43, 460ccc-4,
521b, 545b; title 25 section 1776c; title 30 sections 193, 1260.
