Section 206 of FLPMA

§ 1716

TITLE 43—PUBLIC LANDS

Subsec. (e). Pub. L. 99–632, § 5(2), added subsec. (e).

§ 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 nonFederal 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.

Page 504

(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.

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TITLE 43—PUBLIC LANDS

(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 re-

§ 1716

quirements 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.

§ 1716

TITLE 43—PUBLIC LANDS

(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, § 206, Oct. 21, 1976, 90
Stat. 2756; Pub. L. 100–409, §§ 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.
AMENDMENTS
1988—Subsec. (b). Pub. L. 100–409, § 3(b), inserted ‘‘concerned’’ after ‘‘Secretary’’ in first sentence.
Pub. L. 100–409, § 9, inserted provision relating to
waiver of cash equalization payments.
Subsec. (c). Pub. L. 100–409, § 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,

Page 506

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, § 3(a), added subsecs. (d) to (i).
CONGRESSIONAL STATEMENT OF FINDINGS AND
PURPOSES
Pub. L. 100–409, § 2, Aug. 20, 1988, 102 Stat. 1086, 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
Pub. L. 100–409, § 4, Aug. 20, 1988, 102 Stat. 1090, 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

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§ 1719

TITLE 43—PUBLIC LANDS

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
Pub. L. 100–409, § 5, Aug. 20, 1988, 102 Stat. 1090, 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.’’

§ 1717. Qualifications of conveyees
No tract of land may be disposed of under this
Act, whether by sale, exchange, or donation, to
any person who is not a citizen of the United
States, or in the case of a corporation, is not
subject to the laws of any State or of the United
States.
(Pub. L. 94–579, title II, § 207, Oct. 21, 1976, 90
Stat. 2757.)
REFERENCES IN TEXT
This Act, referred to in text, 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.

§ 1718. Documents of conveyance; terms, covenants, etc.
The Secretary shall issue all patents or other
documents of conveyance after any disposal authorized by this Act. The Secretary shall insert
in any such patent or other document of conveyance he issues, except in the case of land exchanges, for which the provisions of subsection
1716(b) of this title shall apply, such terms, covenants, conditions, and reservations as he deems
necessary to insure proper land use and protection of the public interest: Provided, That a conveyance of lands by the Secretary, subject to
such terms, covenants, conditions, and reservations, shall not exempt the grantee from compliance with applicable Federal or State law or
State land use plans: Provided further, That the
Secretary shall not make conveyances of public
lands containing terms and conditions which
would, at the time of the conveyance, constitute
a violation of any law or regulation pursuant to
State and local land use plans, or programs.
(Pub. L. 94–579, title II, § 208, Oct. 21, 1976, 90
Stat. 2757.)

REFERENCES IN TEXT
This Act, referred to in text, 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.

§ 1719. Mineral interests; reservation and conveyance requirements and procedures
(a) All conveyances of title issued by the Secretary, except those involving land exchanges
provided for in section 1716 of this title, shall reserve to the United States all minerals in the
lands, together with the right to prospect for,
mine, and remove the minerals under applicable
law and such regulations as the Secretary may
prescribe, except that if the Secretary makes
the findings specified in subsection (b) of this
section, the minerals may then be conveyed together with the surface to the prospective surface owner as provided in subsection (b) of this
section.
(b)(1) The Secretary, after consultation with
the appropriate department or agency head,
may convey mineral interests owned by the
United States where the surface is or will be in
non-Federal ownership, regardless of which Federal entity may have administered the surface,
if he finds (1) that there are no known mineral
values in the land, or (2) that the reservation of
the mineral rights in the United States is interfering with or precluding appropriate nonmineral development of the land and that such development is a more beneficial use of the land
than mineral development.
(2) Conveyance of mineral interests pursuant
to this section shall be made only to the existing or proposed record owner of the surface,
upon payment of administrative costs and the
fair market value of the interests being conveyed.
(3) Before considering an application for conveyance of mineral interests pursuant to this
section—
(i) the Secretary shall require the deposit by
the applicant of a sum of money which he
deems sufficient to cover administrative costs
including, but not limited to, costs of conducting an exploratory program to determine the
character of the mineral deposits in the land,
evaluating the data obtained under the exploratory program to determine the fair market
value of the mineral interests to be conveyed,
and preparing and issuing the documents of
conveyance: Provided, That, if the administrative costs exceed the deposit, the applicant
shall pay the outstanding amount; and, if the
deposit exceeds the administrative costs, the
applicant shall be given a credit for or refund
of the excess; or
(ii) the applicant, with the consent of the
Secretary, shall have conducted, and submitted to the Secretary the results of, such an exploratory program, in accordance with standards promulgated by the Secretary.
(4) Moneys paid to the Secretary for administrative costs pursuant to this subsection shall
be paid to the agency which rendered the service
and deposited to the appropriation then current.
(Pub. L. 94–579, title II, § 209, Oct. 21, 1976, 90
Stat. 2757.)