43 C.F.R. § 2201.5

Exchanges at approximately equal value

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(a) The authorized officer may exchange lands that are of approximately equal value when it is determined 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 approved by the 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 shall determine that the Federal and non-Federal lands are approximately equal in value and shall document how the determination was made.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Colorado Wild Pub. Lands v. United States Forest Serv. (D.D.C. 2023).

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Colorado Wild Pub. Lands v. United States Forest Serv. (D.D.C. 2023). “Both the appraisals and the TARP, which assesses the appraisals for accuracy and completeness, serve an important role in the process by ensuring that the exchanged lands are of approximately equal value, as required under 43 C.F.R. § 2201.5 . The flow of information in response…”

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