Intermediate Land Exchange Authority Regulation Policy Intermediate Land

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Intermediate Land Exchange Authority – Regulation - Policy Intermediate Land Exchange Course No. 2000

Intermediate Land Exchange Authority – Regulation - Policy Intermediate Land Exchange Course No. 2000 -17

LAND EXCHANGE AUTHORITIES The Property Clause. . . The Congress shall have the Power

LAND EXCHANGE AUTHORITIES The Property Clause. . . The Congress shall have the Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; . . . ARTICLE IV, SECTION 3, PARAGRAPH 2

LAND EXCHANGE AUTHORITIES Jeopardy! This law, passed in 1976, is the primary authority of

LAND EXCHANGE AUTHORITIES Jeopardy! This law, passed in 1976, is the primary authority of all BLM land exchanges. What is FLPMA? (Federal Land Policy and Management Act)

LAND EXCHANGE AUTHORITIES Jeopardy! This law, passed in 1922, authorizes the exchange of FS

LAND EXCHANGE AUTHORITIES Jeopardy! This law, passed in 1922, authorizes the exchange of FS lands reserved from the public domain. What is the General Exchange Act?

LAND EXCHANGE AUTHORITIES Jeopardy! This law, passed in 1911, authorizes the exchange of acquired

LAND EXCHANGE AUTHORITIES Jeopardy! This law, passed in 1911, authorizes the exchange of acquired FS lands. What is the Weeks Act?

LAND EXCHANGE AUTHORITIES Jeopardy! This law, passed in 1976, supplements all other exchange laws.

LAND EXCHANGE AUTHORITIES Jeopardy! This law, passed in 1976, supplements all other exchange laws. What is FLPMA? (Federal Land Policy and Management Act)

LAND EXCHANGE AUTHORITIES Jeopardy! This law, passed in 1988, amended FLPMA. What is FLEFA?

LAND EXCHANGE AUTHORITIES Jeopardy! This law, passed in 1988, amended FLPMA. What is FLEFA? (Federal Land Exchange Facilitation Act)

LAND EXCHANGE AUTHORITIES Land Exchanges are also authorized under: v. Bankhead-Jones Farm Tenant Act

LAND EXCHANGE AUTHORITIES Land Exchanges are also authorized under: v. Bankhead-Jones Farm Tenant Act of 1937 v. National Trails System Act of 1968 v. Wild and Scenic River Act of 1968 v. Small Tracts Act of 1983 v. Forest Service Realignment & Enhancement Act of 2005 “FSFREA”

LAND EXCHANGE AUTHORITIES Some authorities pertain to specific areas: v. Columbia River Gorge National

LAND EXCHANGE AUTHORITIES Some authorities pertain to specific areas: v. Columbia River Gorge National Scenic Area Act of 1986 v. Southern Nevada Public Land Management Act of 1998 v. Steens Mountain Cooperative Management and Protection Act of 2000

LAND EXCHANGE AUTHORITIES Boundary extension authorities, such as: v. The Act of February 15,

LAND EXCHANGE AUTHORITIES Boundary extension authorities, such as: v. The Act of February 15, 1927 (44 Stat. 1099) extends the provisions of the General Exchange Act of 1922 to lands within a fivemile radius of the Black Hills National Forest Other special authorities, such as: v. Southern Nevada Public Land Management Act of 1998 See HO – Acts of Congress Addressing Landownership Adjustment

REGULATIONS If Federal laws are a body of rules enacted by Congress, then what

REGULATIONS If Federal laws are a body of rules enacted by Congress, then what are regulations?

REGULATIONS Regulations are rules: v. Issued by executive branch agencies v. Developed through a

REGULATIONS Regulations are rules: v. Issued by executive branch agencies v. Developed through a public process v. Having the force of law v. Referred to as administrative law

BLM REGULATIONS

BLM REGULATIONS

FS REGULATIONS

FS REGULATIONS

REGULATIONS All Federal Agencies: v 40 CFR 312 – Standards for Conducting All Appropriate

REGULATIONS All Federal Agencies: v 40 CFR 312 – Standards for Conducting All Appropriate Inquiries v 49 CFR 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs

GUIDELINES AND STANDARDS v Regulations of the Attorney General Governing the Review and Approval

GUIDELINES AND STANDARDS v Regulations of the Attorney General Governing the Review and Approval of Title for Federal Land Acquisitions (2016) – DOJ Title Regulations 2016 v Uniform Appraisal Standards for Federal Land Acquisitions 2016 – Yellow Book v Uniform Standards of Professional Appraisal Practice (USPAP) 2010 -2011 v Uniform Relocation Act P. L. 91 -646

POLICY BLM v. H-2200 -1 Land Exchange Handbook v. H-2100 -1 Acquisition Handbook FS

POLICY BLM v. H-2200 -1 Land Exchange Handbook v. H-2100 -1 Acquisition Handbook FS v. Manual (FSM) 5430 – Exchanges v. Handbook (FSH) 5409. 13, Ch. 30 – Land Exchange

Requirements for All Exchanges ü Consistency with mission ü Consistency with land use plan

Requirements for All Exchanges ü Consistency with mission ü Consistency with land use plan ü Public interest ü Same state ü Equal value ü Citizen of the United States

Requirements for All Exchanges ü Discretionary ü Environmental analysis ü Notice of hazardous substances

Requirements for All Exchanges ü Discretionary ü Environmental analysis ü Notice of hazardous substances ü Legal descriptions ü Reservations or restrictions in the public interest

Know Your Agency’s Land Exchange Authorities, Regulations, Policies, and Requirements

Know Your Agency’s Land Exchange Authorities, Regulations, Policies, and Requirements