entitled ‘‘Interstate 90 Land Exchange’’, dated April
1998.
(2) Certain land administered, as of the date of
enactment of this Act, by the Secretary of Agri-
culture as part of the Wenatchee National Forest,
Washington, and comprising approximately 14,665
acres, as generally depicted on a map entitled
‘‘Interstate 90 Land Exchange’’, dated April 1998.
(3) Certain land administered, as of the date of
enactment of this Act, by the Secretary of Agri-
culture as part of the Gifford Pinchot National For-
est, Washington, and comprising approximately
13,520 acres, as generally depicted on a map enti-
tled ‘‘Interstate 90 Land Exchange’’, dated April
1998.
SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALI-
ZATION.
(a) EQUAL VALUE EXCHANGE.—
(1) IN GENERAL.—The values of the offered
land and selected land—
(A) shall be equal; or
(B) if the values are not equal, shall be
equalized in accordance with subsection (c).
(2) APPRAISALS.—The values of the offered
land and selected land shall be determined by ap-
praisals using nationally recognized appraisal stand-
ards, including, to the extent appropriate, the Uni-
form Appraisal Standards for Federal Land Acquisi-
tions (1992), the Uniform Standards of Professional
Appraisal Practice, and section 206(d) of the Fed-
eral Land Policy and Management Act of 1976 (43
U.S.C. 1716(d)).
(3) APPROVAL BY THE SECRETARY.—The ap-
praisals, if not completed by the date of enactment
of this Act, shall be completed and submitted to the
Secretary for approval not later than 90 days after
the date of enactment of this Act.
(4) RESOLUTION
OF
DISAGREEMENT.—If the
Secretary and Plum Creek are unable to agree on
the appraised value of a parcel of land, the appraisal
or the appraisal issue in dispute shall be resolved in
accordance with section 206(d) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1716(d)).
(b) APPRAISAL ASSUMPTION.—
(1) FINDINGS.—Congress finds that—
(A) many of the parcels of offered land
and selected land are located in areas that have
been or may be designated as critical habitat
for species determined to be threatened or en-
dangered under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.); and
(B) such a designation can make tradi-
tional appraisals of land difficult absent specific
guidance from Congress due to present and fu-
ture uncertainties relating to the duration,
scope, and nature of restrictions that may be
imposed on the offered land or selected land as
a result of such a designation with respect to
future timber harvest and other development
activities.
(2) APPRAISAL
AT
HIGHEST
AND
BEST
USE
VALUE.—In order to ensure the equitable and uni-
form appraisal of both the offered and selected lands
directed for exchange by this Act, all appraisals
under subsection (a) shall determine the highest and
best use of the offered land and selected land in ac-
cordance with applicable provisions of the Washing-
ton State Forest Practices Act, including alternative
measures for protecting critical habitat under Wash-
ington Administrative Code 222–16–080–(7).
(c) APPRAISAL PERIOD.—After the final appraised
values of the offered land and selected land or any portion
of the land has been approved by the Secretary or other-
wise determined under section 206(d) of the Federal Land
Policy and Management Act (43 U.S.C. 1716(d)), the ap-
praised value shall not be reappraised or updated before
consummation of the land exchange under section 4, ex-
cept for any adjustments in value as may be required
under subsection (d).
(d) INTERIM TIMBER HARVEST.—The fair market
value of any timber harvested on the offered land or se-
lected land (as determined by the appraisal required under
subsection (a)) shall be deducted from the final approved
appraised value of the land for purposes of value equali-
zation under subsection (a).
(e) EQUALIZATION
IF
SURPLUS
OF
OFFERED
LAND.—If the final appraised value of the offered land
exceeds the final appraised value of the selected land, the
Secretary shall make a cash equalization payment to Plum
Creek, subject to the 25 percent limitation under section
206(b) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1716(d)). However, if the Secretary
does not have sufficient funds available to make such a
cash equalization payment, the Secretary and Plum Creek
shall delete offered land from the exchange on the basis
of the appraised value of the various parcels of offered
land in order to ensure that the final appraised value of
the offered land and the final appraised value of the
selected land are approximately equal.
(f) EQUALIZATION
IF
SURPLUS
OF
SELECTED
LAND.—
(1) DELETION.—If the final appraised value of
the selected land exceeds the final appraised value of
the offered land, the Secretary and Plum Creek shall
delete selected land from the exchange on the basis
of the appraised value of the various parcels of se-
lected land in order to ensure that the final ap-
praised value of the offered land and the final ap-
praised value of the selected land are approximately
equal.
(2) CASH EQUALIZATION.—At the election of
Plum Creek, Plum Creek may receive conveyance of
all or part of the selected land that would otherwise
be deleted from the exchange under paragraph (1)
if Plum Creek equalizes the exchange values by mak-
ing a cash equalization payment to the United
States. Any cash equalization under this paragraph
shall be subject to the 25 percent limitation of sec-
tion 206(b) under the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(d)).
(g) USE OF PROCEEDS BY THE SECRETARY.—In
such amounts as are provided in advance in appropriation
Acts, the Secretary may use cash equalization payments
received by the Secretary under this section for the pur-
pose of purchasing land from willing sellers in the State
of Washington for addition to the National Forest System.
SEC. 6. MISCELLANEOUS PROVISIONS.
(a) STATUS OF LAND AFTER EXCHANGE.—
(1) LAND ACQUIRED BY THE SECRETARY.—
(A) IN GENERAL.—Land acquired by the
Secretary under this Act shall become part of
the Mt. Baker-Snoqualmie Forest, Wenatchee
Forest, or Gifford Pinchot National Forests, as
determined by the Secretary.
(B) MODIFICATION
OF
BOUNDARIES.—If
any land acquired by the Secretary lies outside
the exterior boundaries of the national forests
identified in subparagraph (A), the Secretary
shall modify the boundaries of the appropriate
forest to include the land.
(C) MANAGEMENT.—Land acquired by the
Secretary under this Act shall be managed by
the Secretary of Agriculture in accordance with
the laws and regulations pertaining to the Na-
tional Forest System.
(D) EFFECT ON COUNTY REVENUES.—The
Secretary shall consult with the appropriate
committees of Congress and local elected offi-
cials in the counties in the State of Washington
in which the offered lands are located regarding
options to minimize the adverse affect on coun-
ty revenues of the transfer of the offered lands
from private to Government ownership.
(2) LAND ACQUIRED BY PLUM CREEK.—Land
acquired by Plum Creek under this Act shall become
private land for all purposes of law, unless the pat-
ent by which conveyance is made to Plum Creek con-
tains a specific reservation.
(b) ACCESS TO LAND ACQUIRED BY PLUM CREEK.—
(1) PARCELS TO WHICH EXISTING ACCESS IS
ADEQUATE.—
(A) FINDING.—Except with respect to par-
cels of land described in paragraph (2), Con-
gress finds that Plum Creek will have adequate
post-exchange access to the selected land over
existing primary, secondary, or other national
forest routes or over existing Plum Creek roads.
(B) ROAD CLOSING.—If the Secretary de-
termines to close any such existing national for-
est road to general public use, the Secretary
shall, if requested by Plum Creek—
(i) keep the road open for use by
Plum Creek; or
(ii) if the road is closed, shall, before
the road is closed, provide Plum Creek
with an alternative access road that is ac-
ceptable to Plum Creek.
(2) PARCELS NEEDING ADDITIONAL ACCESS.—
(A) NEED
FOR
ADDITIONAL
ACCESS.—
Congress finds that, with respect to certain par-
cels of selected land identified by the Secretary
and Plum Creek, the Secretary shall grant post-
exchange road access to Plum Creek through
adjacent or nearby parcels of National Forest
System land that will remain in Federal owner-
ship.
(B) EASEMENT.—Simultaneously with the
conveyance to Plum Creek of the selected land
sections identified pursuant to subparagraph
(A), the Secretary shall, without consideration,
grant Plum Creek a permanent road access
easement and preapproved road route through
an adjacent or nearby National Forest System
land section or sections.
(C) EFFECT
ON
APPRAISALS.—For pur-
poses of the appraisals under section 5, the se-
lected land sections identified pursuant to sub-
paragraph (A) shall be appraised as having
available, but unbuilt, road access.
(D) CONSTRUCTION
STANDARD.—Unless
the Secretary requests otherwise or Plum Creek
uses its adjacent lands for other than commer-
cial timber purposes, roads constructed by
Plum Creek on easements granted under this
subsection—
(i) shall be built to a minimum stand-
ard necessary to accommodate ingress and
egress for purposes of commercial timber
harvest on the adjacent Plum Creek lands;
and
(ii) shall be closed to public use.
(c) ACCESS
TO
LAND
ACQUIRED
BY
UNITED
STATES.—
(1) IN
GENERAL.—Simultaneously with the
transfer of the offered land to the United States,
Plum Creek shall grant the United States, without
consideration, such permanent easements as may be
necessary to secure to the United States access for
reasonable public use and enjoyment of the offered
lands acquired by the United States.
(2) LOCATION.—Unless the Secretary and Plum
Creek agree otherwise, an easement under this sec-
tion shall be located to the extent practicable along
roads that are in existence as of the date of enact-
ment of this Act.
(d) TIMING.—It is the intent of Congress that the
land exchange under this Act be consummated not later
than 120 days after the date on which Plum Creek makes
the Secretary an offer to exchange under section 3(a), un-
less the Secretary and Plum Creek agree to extend the
consummation date.
(e) WITHDRAWAL OF SELECTED LAND.—
(1) IN GENERAL.—Effective until the date de-
scribed in paragraph (2), Congress withdraws from
all forms of entry and appropriation under the pub-
lic land laws (including the mining laws) any parcel
of selected land—
(A) with respect to which such a with-
drawal by the Secretary of the Interior has not
been made before the date of enactment of this
Act; or
(B) with respect to which such a with-
drawal that the Secretary of the Interior has
made expires before the date described in para-
graph (2).
(2) DATE
DESCRIBED.—With respect to any
parcel of land described in paragraph (1), the date
described in this paragraph is the date on which—
(A) the parcel is deleted from the exchange
under this Act; or
(B) the land exchange under this Act is
consummated.
Æ