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16 U.S.C. § 605

U.S. CodeFederal
EXCHANGE VALUATION, APPRAISALS AND EQUALIZATION.
About This Law
pg_id_26274::119-84
Title
16 — Conservation
Chapter
CH2
Release
119-84
Release Date
2026-04-17

Section Text

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“(a) Equal Value Exchange.—“(1) In general.—The values of the offered and selected land—“(A) shall be equal; or “(B) if the values are not equal, shall be equalized as set forth in subsections (c)–(e). “(2) Appraisal assumption.—In order to ensure the equitable and uniform appraisal of both the offered and selected land directed for exchange by this Act, all appraisals shall determine the highest and best use of the offered and selected land in accordance with applicable provisions of the Washington State Forest Practices Act and rules and regulations thereunder, including alternative measures for protecting critical habitat pursuant to a habitat conservation plan as provided in Washington Administrative Code 222–16–080–(6). “(3) Appraisals.—The values of the offered land and selected land shall be determined by appraisals utilizing nationally recognized appraisal standards, including applicable provisions of the Uniform Appraisal Standards for Federal Land Acquisitions (1992), the Uniform Standards of Professional Appraisal Practice, and section 206(d) of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1716(d)). “(4) Approval by the Secretary.—The appraisals, if not already completed by the date of enactment of this Act [Oct. 21, 1998], shall be completed and submitted to the Secretary for approval not later than 180 days after the date of enactment of this Act: Provided, That all timber harvest cease no later than November 30, 1998, except for any cleanup, reforestation, or other post-harvest work which cannot be completed by November 30, 1998. A comprehensive summary of the appraisal consistent with 7 CFR Part 1.11 shall be made available for public inspection in the Office of the Supervisor, Wenatchee National Forest, not less than 30 days nor more than 45 days prior to the exchange of deeds. “(b) Appraisal Period.—After the final appraised values of the offered and selected lands, or any portion of the land, have been approved by the Secretary or otherwise determined under section 206(d) of the Federal Land Policy and Management Act (43 U.S.C. 1716(d)), the value shall not be reappraised or updated before consummation of the land exchange, except to account for any timber harvest that might occur after completion of the final appraisal, or for any adjustments under section 606(g). “(c) Equalization if Surplus of Offered Land.—“(1) In general.—If the final appraised value of the offered land or lands and interest in lands conveyed by Plum Creek under section 604(c), except for the Cle Elum and Lost Lake lands, exceeds the final appraised value of the selected land, Plum Creek shall delete offered land parcels from the exchange in the exact order each land Section (or offered portion thereof) is listed in paragraph (2) until the values are approximately equal. “(2) Order of deletion.—Offered land deletions under paragraph (1) shall be made in the following order:“(A) Township 22 North, Range 13 East, Section 31, Willamette Meridian; “(B) Township 21 North, Range 11 East, Section 35; “(C) Township 19 North, Range 11 East, Section 35; “(D) Township 19 North, Range 12 East, Section 1; “(E) Township 20 North, Range 11 East, Sections 1 and 13; “(F) Township 19 North, Range 12 East, Section 15; “(G) Township 20 North, Range 11 East, Section 11; “(H) Township 21 North, Range 11 East, Section 27; “(I) Township 19 North, Range 13 East, Sections 27 and 15; “(J) Township 21 North, Range 11 East, Sections 21 and 25; “(K) Township 19 North, Range 11 East, Section 23; “(L) Township 19 North, Range 13 East, Sections 21, 9 and 35; “(M) Township 20 North, Range 12 East, Sections 35 and 27; “(N) Township 19 North, Range 12 East, Section 11; “(O) Township 21 North, Range 11 East, Section 17; “(P) Township 21 North, Range 11 East, Section 5; “(Q) Township 18 North, Range 15 East, Section 3; “(R) Township 19 North, Range 14 East, Section 25; “(S) Township 19 North, Range 15 East, Sections 29 and 31; and “(T) Township 19 North, Range 13 East, Section 7. “(d) Equalization if Surplus of Selected Land.—“(1) In general.—If the final appraised value of the selected land exceeds the final appraised value of the offered land or lands and interest in lands conveyed by Plum Creek under section 604(c), except for the Cle Elum and Lost Lake lands, the Secretary shall delete selected land parcels from the exchange in the exact order each land Section (or selected portion thereof) is listed in paragraph (2) until the values are approximately equal. “(2) Order of deletion.—Selected land deletions under paragraph 1 shall be made in the following listed order:“(A) the portion of Township 20 North, Range 11 East, Section 30 lying east of the thread of Sawmill Creek; “(B) the portion of Township 19 North, Range 11 East, Section 6 lying east of the thread of Sawmill Creek; “(C) Township 20 North, Range 11 East, Section 32; “(D) Township 21 North, Range 14 East, Sections 28, 22, 36, 26 and 16; “(E) Township 18 North, Range 15 East, Sections 13, 12 and 2; “(F) Township 18 North, Range 15 East, Section 1; and “(G) Township 18 North, Range 15 East, Section 17, Willamette Meridian. “(e) Once the values of the offered and selected lands are equalized to the maximum extent practicable under subsections (c) or (d), any cash equalization balance due the Secretary or Plum Creek shall be made through cash equalization payments under subsection 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). “(f) Use of Proceeds by the Secretary.—The amount of any cash equalization payment received by the Secretary under this section shall be retained by the Secretary and shall be used by the Secretary until fully expended to purchase land from willing sellers in the State of Washington for addition to the National Forest System.

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