Federal Land Exchange Facilitation Act of 1988
PL 100-409 (H.R.1860), enacted 08/20/1988

102 STAT. 1086 
PUBLIC LAW 100-409—AUG. 20, 1988 
Public Law 100-409 
100th Congress 
An Act 
Aug. 20, 1988 
[H.R. 1860] 
Entitled the "Federal Land Exchange Facilitation Act of 1988". 
note. 
Be it enacted by the Senate and House of Representatives of the 
Federal Land 
United States of America in Congress assembled. 
Exchange 
Facilitation Act 
SECTION 1. SHORT TITLE. 
°f 1^^^ 
This Act may be cited as the "Federal Land Exchange FaciHtation 
Public lands. 
AJ.^ Qf 1988" 
43 use 1701 
note. 
SEC. 2. FINDINGS AND PURPOSES. 
43 use 1716 
^^j 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 impor-
tant 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 fulfill-
ment 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 consoli-
daticn for both Federal and State land managers and private 
lan»." owners; 
(3) the Federal Land Policy and Management Act of 1976 and 
other laws provide a basic framework and authority for land 
exchanges involving lands under the jurisdiction of the Sec-
retary 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 expe-
dite exchanges. 
(b) PURPOSES.—The purposes of this Act 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 rec-
ognized appraisal standards; and 
(B) establishing procedures and guidelines for the resolu-
tion 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 
PUBLIC LAW 100-409—AUG. 20, 1988 
102 STAT. 1087 
(3) to require a study and report concerning improvements in 
Reports. 
the handling of certain information related to Federal and 
other lands. 
SEC. 3. LAND EXCHANGES AND APPRAISALS. 
(a) FLPMA AMENDMENTS.—Section 206 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1716) is hereby amended 
by adding the following new subsections: 
"(dXD No later than ninety days after entering into an agreement 
Contracts. 
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 pro-
vided 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 Eigree to suspend or modify 
any of the deadlines contaiined in this subsection. 
"(e) Unless mutually sigreed otherwise by the Secretary concerned 
Patents and 
and the other party or parties involved in an exchange pursuant to trademarks. 
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 trginsferred out of Federal 
ownership shall be issued simultaneously after the Secretary con-
cerned has taken any necessary steps to assure that the United 
States will receive acceptable title. 
"(fKD Within one year after the enactment of subsections (d) Regulations. 
through (i) of this section, the Secretaries of the Interior and Agri-
culture shall promulgate new and comprehensive rules and regula-
tions 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 
102 STAT. 1088 
PUBLIC LAW 100-409—AUG. 20, 1988 
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 require-
ments 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 agree-
ment 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 respon-
sibilities 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 sal-
vage, 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 ex-
change to their highest and best use for the appraisal and exchange 
purposes. Prior to making any adjustments pursuant to tlus 
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 respon-
sibilities or requirements assumed. 
"(g) Until such time as new and comprehensive rules and regula-
tions governing exchange of land and interests therein are promul-
gated pursuant to subsection (f) of this section, land exchanges may 
proceed in accordance with existing laws smd regulations, and noth-
ing in the Act shall be construed to require any delay in, or 
otherwise hinder, the processing and consummation of land ex-
changes 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. 
PUBLIC LAW 100-409—AUG. 20, 1988 
102 STAT. 1089 
"(hXD Notwithstanding the provisions of this Act and other ap-
plicable laws which require that exchanges of land or interests 
therein be for equal value, where the Secretary concerned deter-
mines it is in the public interest and that the consummation of a 
particular exchange will be expedited thereby, the Secretary con-
cerned 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 au-
thorized officer; and 
"(C) the definition of and procedure for determining 'approxi-
mately 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)(l) 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 seg-
regate 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 in-
volved 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.". 
(b) CONFORMING AMENDMENT.—The first sentence of section 206(b) 
(43 U.S.C. 17160t))) of the Federal Land Policy and Management Act 
of 1976 is hereby amended by inserting the word "concerned" after 
the words "the Secretary". 
(c) ADDITIONAL AMENDMENT.—Section 206(c) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1716(c)) is hereby 
amended to read as follows: 
Minerals and 
mining. 
Patents and 
trademarks. 
102 STAT. 1090 
PUBLIC LAW 100-409—AUG. 20, 1988 
National Forest 
System. 
National Park 
System. 
National 
Wildlife Refuge 
System. 
National 
Wilderness 
Preservation 
System. 
California. 
43 use 1716 
note. 
43 use 1716 
note. 
16 use 521b. 
"(c) 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 WUd and Scenic Rivers System, National Trails 
l^rstem. National WOdemess Preservation System, or any other 
system established by Act of Congre^, 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 
shaU 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 shaU thereafter be managed in accordance with all 
laws, rules, and r^ulations applicable to such unit or area.". 
SEC 4. LAND EXCHANGE FUNDING AUTHORIZATION. 
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 Lemd Policy and Management Act of 1976 and other ap-
plicable law, there are hereby authorized to be appropriated for 
fiscal years 1989 throi:^h 1998 an annual amount not to exceed 
$4,000,000 which shall be used jointly or divided among the Secretar-
ies as they determine appropriate for the consideration, processing, 
and consunmiation of land exchanges pursuant to the Federal Land 
Policy and Management Act of 1976, as amended, and other ap-
plicable law. Such moneys are expressly intended by Congress to be 
in addition to, and not o f ^ t against, moneys otherwise annually 
requested by the Secretaries, and appropriated by Congress for land 
exchange purposes. 
SEC 5. SAVING CLAUSE. 
Nothing in this Act shall be construed as amending the Alaska 
Native Claims Settlement Act (Public Law 92-203, as amended) or 
the Alaska National Interest Lands Conservation Act (PubUc Law 
96-487, as amended) or as enlarging or diminishing the authority 
with r^ard to exchaDges 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 tlie 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 Sec-
retary concerned or any other party or parties involved in a land 
exchange from withdrawing from the exchange at any time, unless 
the SeCTetary concerned and the other party or parties specifically 
commit otherwise by written agreement. 
SEC 6. NFMA AMENDMENTS. 
Section 17(b) of the Nationsil Forest Management Act of 1976 is 
hereby amended— 
(1) by striking out "$25,000" and inserting in lieu thereof 
"$150,000"; 
(2) by strikii^ out "and" at the end of paragraph (3); 
(3) by striking out the period at the end of paragraph (4) and 
inserting in lieu thereof "; and"; and 
(4) by adding after paragraph (4) the following: 
PUBLIC LAW 100-409—AUG. 20, 1988 
102 STAT. 1091 
"(5) any adjustment made by the Secretary of relative value 
pursuant to section 206(fX2XBXii) of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1716).". 
SEC. 7. ADDITIONAL AMENDMENTS. 
The Act of July 26, 1956 (70 Stat. 656, 16 U.S.C. 505a, 505b) is 
hereby amended as follows: 
(a) The words "national forest lands" are hereby deleted 
wherever they occur, and the words "National Forest System 
lands" are inserted in lieu thereof. 
(b) The words "a national forest" are hereby deleted in the 
first pareigraph, and the words "a unit of the National Forest 
System" are inserted in lieu thereof. 
(c) The following sentence is hereby added at the end of the 
second paragraph: "Lands interchanged under the authority of 
this Act shall be deemed to include interests in lands.". 
SEC. 8. LAND INFORMATION STUDY. 
43 USC 751 note. 
(a) STUDY.—The Secretary of the Interior shall conduct an assess-
ment of the need for and cost and benefits associated with improve-
ments in the existing methods of land surveying and mapping and of 
collecting, storing, retrieving, disseminating, and using information 
about Federal and other lands. 
(b) CONSULTATION.—In conducting the assessment required by this 
section, the Secretary of the Interior shall consult with the 
following— 
(1) the Secretary of Agriculture; 
(2) the Secretary of Commerce; 
(3) the Director of the Nationsd Science Foundation; 
(4) representatives of State and local governments; 
(5) representatives of private sector surve5dng and mapping 
science. 
(c) REPORT.—No later than one year after the day of enactment of 
this Act, the Secretary of the Interior shall report to the Congress 
concerning the results of the assessment required by this section. 
(d) TOPICS.—In the report required by subsection (c), the Secretary 
of the Interior shall include a discussion and evaluation of the 
following: 
(1) relevant recommendations made by the National Academy 
Records. 
of Sciences (National Research Council) on the concept of a 
multipurpose cadastre from time to time prior to the date of 
enactment of this Act; 
(2) ongoing activities concerning development of an overall Records. 
reference frame for land and resource information, including 
but not limited to a geodetic network, a series of current and 
accurate large-scale maps, cadastral overlay maps, unique 
identifying numbers linking specific land parcels to a common 
index of all land records in United States cadastral systems, and 
a series of land data files; 
(3) ways to achieve better definition of the roles of Federal 
and other governmental agencies and the private sector in 
dealing with land information systems; 
(4) ways to improve the coordination of Federal land informa-
tion activities; and 
(5) model standards developed by the Secretary for compatible 
multipurpose land information sjrstems for use by Federal, 
102 STAT. 1092 
PUBLIC LAW 100-409—AUG. 20, 1988 
Courts, U.S. 
District of 
Columbia. 
43 use 1723. 
State and local governmental agencies, the public, and the 
private sector, 
(e) RECOMMENDATIONS.—The report required by subsection (c) may 
also include such reconmiendations for legislation as the Secretary 
of the Interior considers necessary or desirable. 
SEC. 9. CASH EQUALIZATION WAIVER. 
Subsection 206(b) of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1716(b)) is hereby amended by adding the follow-
ing at the end of the third sentence thereof: 
"The Secretary concerned and the other party or parties involved 
in the exchange may mutually £^ee 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 trans-
ferred 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.". 
SEC. 10. TEMPORARY REVOCATION AUTHORITY. 
The Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.), as amended, is further amended by adding the follow-
ing new section: 
SEC. 215. (a) When the sole impediment to consummation of an 
exchange of lands or interests therein (hereinafter referred to as an 
exchange) determined to be in the public interest, is the inability of 
the Secretary of the Interior to revoke, modify, or terminate part or 
all of a withdrawal or classification because of the order (or subse-
quent modification or continuance thereof) of the United States 
District Court for the District of 0)lumbia dated February 10, 1986, 
in Qvil Action No. 85-2238 (National Wildlife Federation v. Robert 
E. Burford, et al.), the Secretary of the Interior is hereby authorized, 
notwithstanding such order (or subsequent modification or continu-
ance thereof), to use the authority contained herein, in lieu of other 
authority provided in this Act including section 204, to revoke, 
modify, or terminate in whole or in part, withdrawals or classifica-
tions to the extent deemed necessary by the Secretary to enable the 
United States to transfer land or interests therein out of Federal 
ownership pursuant to an exchange. 
"(b) REQUIREMENTS.—The authority specified in subsection (a) of 
this section may be exercised only in cases where— 
"(1) a particular exchange is proposed to be carried out pursu-
ant to this Act, as amended, or other applicable law authorizing 
such an exchange; 
"(2) the propped exchange has been prepared in compliance 
with all laws applicable to such exchange; 
"(3) the head of each Federal agency managing the lands 
proposed for such transfer has submitted to the Secretary of the 
Interior a statement of concurrence with the proposed revoca-
tion, modification, or termination; 
"(4) at least sixty days have elapsed since the Secretary of the 
Interior has published in the Federal Register a notice of the 
proposed revocation, modification, or termination; and 
"(5) at least sixty days have elapsed since the Secretary of the 
Interior has transmitted to the Committee on Interior and 
PUBLIC LAW 100-409—AUG. 20,1988 
102 STAT. 1093 
Insular Affairs of the House of Representatives and the 
Committee on Energy and Natural Resources of the United 
States Senate a report which includes— 
"(A) a justification for the necessity of exercising such 
authority in order to complete an exchange; 
"(B) an explanation of the reasons why the continuation 
of the withdrawal or a classification or portion thereof 
proposed for revocation, modification, or termination is no 
longer necessary for the purposes of the statutory or other 
program or programs for which the withdrawal or classi-
fication was made or other relevant programs; 
"(C) assurances that all relevant documents concerning 
the proposed exchange or purchase for which such author-
ity is proposed to be exercised (including documents related 
to compliance with the National Environmental Policy Act 
of 1969 and all other applicable provisions of law) are 
available for public inspection in the office of the Secretary 
concerned located nearest to the lands proposed for transfer 
out of Federal ownership in furtherance of such exchange 
and that the relevant portions of such documents are also 
available in the offices of the Secretary concerned in 
Washington, District of Columbia; and 
"(D) an explanation of the effect of the revocation, modi-
fication, or termination of a withdrawal or classification or 
portion thereof and the transfer of lands out of Federal 
ownership pursuemt to the particular proposed exchange, 
on the objectives of the land management plan which is 
applicable at the time of such transfer to the land to be 
transferred out of Federal ownership. 
"(c) LIMITATIONS.—(1) Nothing in this section shall be construed as 
affirming or denjdng any of the allegations made by any party in 
the civil action specified in subsection (a), or as constituting an 
expression of congressional opinion with respect to the merits of any 
adlegation, contention, or argument made or issue raised by any 
party in such action, or as expanding or diminishing the jurisdiction 
of the United States District Court for the District of C!olumbia. 
"(2) Except as specifically provided in this section, nothing in this 
section shall be construed as modifying, terminating, revoking, or 
otherwise affecting any provision of law applicable to land ex-
changes, withdrawals, or classifications. 
"(3) The availability or exercise of the authority granted in subsec-
tion (a) may not be considered by the Secretary of the Interior in 
making a determination pursuant to this Act or other applicable 
law as to whether or not any proposed exchange is in the public 
interest. 
Claims. 
Courts, U.S. 
District of 
Columbia. 
102 STAT. 1094 
PUBLIC LAW 100-409—AUG. 20, 1988 
"(d) TERMINATION.—The authority specified in subsection (a) shall 
expire either (1) on December 31, 1990, or (2) when the Court order 
(or subsequent modification or continuation thereof) specified in 
subsection (a) is no longer in effect, whichever occurs first.". 
Approved August 20, 1988. 
LEGISLATIVE HISTORY—H.R. 1860: 
HOUSE REPORTS: No. 100-165, Pt. 1 (Comm. on Interior and Insular Affairs) and Pt. 
2 (Comm. on Agriculture). 
SENATE REPORTS: No. 100-375 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 133 (1987): Dec. 14, considered and passed House. 
Vol. 134 (1988): June 13, considered and passed Senate, amended. 
July 27, House concurred in Senate amendments with an 
amendment. 
Aug. 3, Senate concurred in House amendment.