Cedar River Watershed Land Exchange Act of 1992
PL 102-453 (H.R.5605), enacted 10/23/1992

106 STAT. 2258 
PUBLIC LAW 102-453—OCT. 23, 1992 
Public Law 102-453 
102d Congress 
An Act 
Oct. 28,1992 
To authorize and direct land ownership consolidation in the Cedar River Watershed, 
[H.R. 5605] 
^^' Baker-Snoqualmie National Forest, Washington. 
Be it enacted by the Senate and House of Representatives of 
Cedar River 
the United States of 
America in Congress assembled, 
Watershed 
' 
^ 
Land Exchange 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Cedar River Watershed Land 
Exchange Act of 1992". 
SEC. 2. CEDAR RIVER WATERSHED, WASHINGTON. 
(a) IN GENERAL.—If the city of Seattle, Washington, agrees 
to convey lands to the United States in accordance with this section, 
the Secretary of Agriculture, in exchange for such lands, shall 
agree to convey to the City the Federal exchange lands. 
(b) EXCHANGE FOR CITY LANDS.— 
(1) APPRAISAL OF FEDERAL LANDS.—Not later than nine 
months after the date of enactment of this Act, the Federal 
exchange lands shall be appraised and the results of the 
appraisal transmitted to the Secretairy and the City. 
(2) OFFER OF CITY LANDS AND APPRAISAL.— 
(A) CANDIDATE CITY LANDS.—Within 60 days after the 
receipt of the appraisal under paragraph (1), the City shall 
submit to the Secretary a list of candidate lands for convey-
ance to the United States vuider this section. Such can-
didate lands shall be selected by the City from the City 
lands. 
(B) ACCEPTABLE CITY LANDS.—Not later than three 
months after receipt of the list of candidate lands under 
subparagraph (A), the Secretary shall determine, in the 
discretion of the Secretary, which of the candidate City 
lands to accept. Such lands acceptable to the Secretary 
shall be appraised within 90 days after such determination 
and the residts of the appraisal transmitted to both the 
Secretary and the City. The Secretary shall accept lands 
included on such list unless the lands are not valuable 
for purposes of the National Forest System, including 
management as contiguous units with other National For-
est System lands. 
(3) CONSUMMATION OF EXCHANGE OF INITIAL PARCELS.— 
Not later than two years aft«r the date of enactment of this 
Act, the Secretary shall transfer to the City parcels of the 
Federal exchange lands with a total value approximately equal 
to the value of the City lands the Secretary determines accept-
able under paragraph (2). The Secretary may also accept money 
to equalize the value of the lands involved in the exchange, 
subject to subsection (fX2). 
(c) EQUALIZATION FOR REMAINING FEDERAL EXCHANGE LANDS.— 
If the value of the City lands conveyed and money accepted under 
PUBLIC LAW 102-453—OCT. 23,1992 
106 STAT. 2259 
subsection (b) is not equal to the value of all of the Federal exchange 
lands, the following provisions shall apply: 
(1) WAIVER BY THE CITY.—In the event the value of the 
City lands conveyed under subsection (b) is greater than the 
value of all of the Federal exchange lands, an^ cash eaualization 
which might otherwise be owed to the City by tne United 
States shall be waived. 
(2) IDENTIFICATION OF EQUALIZATION LANDS AND MONEY 
BY THE CITY.— 
(A) IN GENERAL.—^In the event the value of the City 
lands conveyed and money accepted under subsection (b) 
is less tiian the value of all of the Federal exchange lands, 
the City shall, within five years after the date of initial 
consummation of the exchange under subsection (b), submit 
to the Secretary a list of lands, an amount of money, 
or a combination thereof which has in the aggregate a 
value equal to the difference in value between the City 
lands exchanged under subsection (b) and the value of 
all of the Federal exchange lands. 
(B) FOREST LANDS.—^Any lands included on the Ust 
pursuant to subpara^aph (A) shall consist only of a tract 
or tracts of land within or adjacent to national forests 
in the State of 
Washington which have been— 
(i) mutually identified by the Secretary and the 
City in advance of their inclusion on the list as accept-
able to the Secretary for transfer to the United States; 
(ii) appraised in accordance with this section 
within 90 days after their identification under clause 
(i); and 
(iii) acquired by the City from a willing seller 
or sellers. 
(3) COMPLETION OF EXCHANGE.—Not later than the end 
of the five-year period specified in paragraph (2XA), the Sec-
retary shall convey to the City the remaining Federal exchange 
lands in exchange for the conveyance by the City to the Sec-
retaiy of lands and money acceptable to the Secretary for 
transfer to the United States pursuant to paragraph (2). 
(d) APPRAISALS.— 
(1) FINDING.—^The Congress finds that use restrictions on 
the Cedar River Watershed imposed by Public Law 97-350 
(96 Stat. 1661) coupled with the uncertainties surrounding 
the status of the lands as habitat for the northern spotted 
owl currently make appraisal of such lands difficult or 
unfeasible absent specific guidance from Congress. 
(2) APPRAISAL ASSUMPTIONS.—(A) Except as otherwise pro-
vided by this subsection, lands to be exchanged pursuant to 
this section shall be appraised by an appraiser mutually accept-
able to the City ana the United States in accordance with 
the Uniform Appraisal Standards for Federal Land Acquisitions 
and section 206(d) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1716(d)). 
(B) Federal exchange lands shall be appraised for the pur-
poses of this section in a maimer that reflects the deed restric-
tions imposed on the lands by subsection (e) and other 
applicable laws, rules, and regulations. Both Federal exchange 
lands and City lands located within Critical Habitat Units 
for the northern spotted owl (as identified by the United States 
106 STAT. 2260 
PUBLIC LAW 102-453—OCT. 23, 1992 
Fish and Wildlife Service, January 1992) shall be appraised 
as if subject to the deed restrictions under subsection (e). 
(3) COSTS.—^All costs of the appraisals shall be borne by 
the City. 
(4) REQUIREMENT LIMITATION.—After an appraisal of lands 
for the purposes of this Act is accepted by both the Secretary 
and the City, such lands may not be appraised again for the 
purposes of this Act during the seven year period beginning 
on the date of enactment of this Act. 
(e) DEED RESTRICTIONS.—^The patent or other instrument of 
conveyance issued to the City for the Federal exchange lands con-
veyed under this section shall be restricted to provide the following 
prohibitions: 
(1) The disposal of the lands or harvest of late-successional 
or old-growth timber, except for any timber sale or salvage 
sale approved before October 1,1992, shall be prohibited. 
(2) The disposal of land or harvest of timber and the 
construction of roads, structures, or other developed facilities 
on any such lands within the area identified as Critical Habitat 
Unit WA-33 (as identified by the United States Fish and Wild-
life Service, January 1992), shall be prohibited except for 
routine maintenance of existings roads, trails, and drainage 
structures, and except as necessary to meet minimum require-
ments for the administration of the area to protect water quality 
or public health and safety, to maintain existing roads and 
trails, to help protect biological diversity or threatened or 
endangered 
species, or to regenerate 
old-growth 
forest 
ecosystems in second growth areas. 
(f) OTHER GENERAL PROVISIONS CONCERNING EXCHANGE.— 
(1) LANDS WITH SENSITIVE ENVIRONMENTAL VALUES.—The 
Secretary may not reject lands suggested for conveyance by 
the City under this section solely on the basis that such lands 
contain sensitive environmental values (including but not lim-
ited to old-growth forest or threatened or endangered species 
habitat). 
(2) LIMITATION ON AMOUNT OF MONETARY PAYMENT.—In 
carrying out the exchange of lands imder this section, the 
amount of money paid to the United States under this section 
may not exceed 25 percent of the total value of the Federal 
exchange lands. 
(3) SiSK ACT.—^Any money received by the United States 
pursuant to this section shall be considered money received 
and deposited pursuant to the Act of December 4, 1967, as 
amended (Public Law 90-171,16 U.S.C. 484a, commonly known 
as the "Sisk Act"). 
(4) SPECIAL RULE.—^Determinations made by the Secretary 
in carrying out this section shall not be considered as decision-
making. 
(g) INCLUSION OF LANDS IN APPROPRIATE SYSTEM OR UNIT.— 
Lands acquired by the United States pursuant to this section shall 
be added to and become a part of the National Forest System 
or, as appropriate, such other system or area within which such 
lands are located and shall be administered as part of such System, 
unit, or area as provided by section 206(c) of the Federal Land 
PoHcy and Management Act of 1976 (43 U.S.C. 1716(c)). If any 
such lands lie outeide the exterior boimdaries of a national forest. 
PUBLIC LAW 102-453—OCT. 23,1992 
106 STAT. 2261 
the Secretary is hereby authorized and directed to modify the 
exterior boundaries of such forest to include such lands. 
(h) INTERIM MANAGEMENT.—In order to protect the quality 
of drinking water and other values in the Cedar River Watershed 
during the period before the land exchange authorized and required 
by this section is completed, the Secretary of Agriculture shall 
manage the National Forest System lands within the hydrographic 
boiuidaries of the watershed to— 
(1) prohibit public access to the watershed, except to— 
(A) allow access only for the discharge of official duties 
related to the management of the Mt. Baker-Snoqualmie 
National Forest by Federal employees, holders of Forest 
Service contracts, and agents of the Forest Service; and 
(B) allow access by officials of the City of Seattle and 
others authorized by the City; and 
(2) maintain or improve existing characteristics of the 
watershed, including prohibiting the harvest of late-succes-
sional or old-growth timber, except for any timber sale or sal-
vage sale approved before October 1,1992. 
(i) DEFINITIONS.—^For the purposes of this section: 
(1) CITY.—The term "City^ means the city of Seattle, 
Washington. 
(2) CITY LANDS.—The term "City lands" means approxi-
mately 17,587 acres of lands eligible to be conveyed by the 
City imder this section, as generally described in "Cedar River 
Land Exchange: City of Seattle Water Department Offered 
Lands", dated September 1,1992. 
(3) EQUALIZATION LANDS.—^The term "equalization lands" 
means any lands conveyed to the United States under sub-
section (c)(2) for the purpose of equalizing the difference in 
value between the City lands accepted by the Secretary under 
subsection (b) and the Federal exchange lands. 
(4) 
FEDERAL 
EXCHANGE 
LANDS.—^The term "Federal 
exchange lands" means the approximately 16,963 acres of lands 
owned by the United States located in the Cedar River Water-
shed in King County, Washington, as generally depicted on 
a map entitled "Cedar River Exchange-Forest Service Selected 
Lands" September 1,1992. 
(5) SECRETARY.—The term "Secretary" means the Secretary 
of Agriculture. 
Approved October 23,1992. 
LEGISLATIVE HISTORY—H.R 5605: 
HOUSE REPORTS: No. 102-987, Pt 1 (Comm. on Agriculture). 
CONGRESSIONAL RECORD, Vol. 188 (1992): 
Sept 29, considered and passed Houae. 
Oct 8, considered and posscd Senate.