36 C.F.R. § 254.11

Exchanges at approximately equal value

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(a) The authorized officer may exchange lands which are of approximately equal value upon a determination that:

(1) The exchange is in the public interest and the consummation of the proposed exchange will be expedited;

(2) The value of the lands to be conveyed out of Federal ownership is not more than $150,000 as based upon a statement of value prepared by a qualified appraiser and accepted by an authorized officer;

(3) The Federal and non-Federal lands are substantially similar in location, acreage, use, and physical attributes; and

(4) There are no significant elements of value requiring complex analysis.

(b) The authorized officer, not the non-Federal party, determines whether the Federal and non-Federal lands are approximately equal in value and must document how the determination was made.

Notes of Decisions

Cited in 2 cases, 1997–2004 · leading case: RESTORE: The North Woods v. United States Dep't of Agric., 968 F. Supp. 168 (D. Vt. 1997).

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RESTORE: The North Woods v. United States Dep't of Agric., 968 F. Supp. 168 (D. Vt. 1997). “36 C.F.R. § 254.11 (199.7). An appraisal must include "historic, wildlife, recreation, wilderness, scenic, cultural, or other resource values or amenities as reflected in prices paid for similar properties in the competitive market.”

Mt. St. Helens Mining & Recovery Ltd. P'ship v. United States, 384 F.3d 721 (9th Cir. 2004). “” 36 C.F.R. § 254.11 . CONCLUSION Because the Department of Agriculture and the Forest Service have taken action that is not arbitrary, capricious, or contrary to law, the district court’s grant of Appellees’ motion for summary judgment is AFFIRMED.”

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