Page:United States Statutes at Large Volume 110 Part 4.djvu/693

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PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009-530 SEC. 108. ROSBORO LAND EXCHANGE. (a) AUTHORIZATION. —Notwithstanding any other law, if the Rosboro Lumber Company (referred to in this section as "Rosboro") offers and conveys marketable title to the United States to the land described in subsection (b), the Secretary of Agriculture shall convey all right, title and interest held by the United States to sufficient lands described in subsection (c) to Rosboro, in the order in which they appear in subsection (c), as necessary to satisfy the equal value requirements of subsection (d). (b) LAND TO BE OFFERED BY ROSBORO. —The land referred to in subsection (a) as the land to be offered by Rosboro shall comprise Section 36, Township 8 South, range 4 east, Willamette Meridian. (c) LAND TO BE CONVEYED BY THE UNITED STATES.— The land referred to in subsection (a) as the land to be conveyed by the United States shall comprise sufficient land from the following prioritized list to be of equal value under subparagraph (d): (1) Section 5, Township 17 South, Range 4 East, Lot 7 (37.63 acres). (2) Section 2, Township 17 South, Range 4 East, Lot 3 (29.28 acres). (3) Section 13, Township 17 South, Range 4 East, SV2 SEV4 (80 acres). (4) Section 2, Township 17 South, Range 4 East, SWy4 SWy4 (40 acres). (5) Section 2, Township 17 South, Range 4 East, KWV4 SEy4 (40 acres). (6) Section 8, Township 17 South, Range 4 East, SEy4 SWy4 (40 acres). (7) Section 11, Township 17 South, Range 4 East, WVb NWy4 (80 acres). (d) EQUAL VALUE.—The land and interests in land exchanged under this section shall be of equal market value as determined by nationally recognized appraisal standards, including, to the extent appropriate, the Uniform Standards for Federal Land Acquisition, the Uniform Standards of Professional Appraisal Practice, or shall be equalized by way of payment of cash pursuant to the provisions of section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)), and other applicable law. The appraisal shall consider access costs for the parcels involved. (e) TIMETABLE.— (1) The exchange directed by this section shall be consummated not later than 120 days after the date Rosboro offers and conveys the property described in subsection (b) to the United States. (2) The authority provided by this section shall lapse if Rosboro fails to offer the land described in subsection (b) within two years after the date of enactment of this title. (f) Rosboro shall have the right to challenge in United States District Court for the District of Oregon a determination of marketability under subsection (a) and a determination of value for the lands described in subsections (b) and (c) by the Secretary of Agriculture. The Court shall have the authority to order the Secretary to complete the transaction contemplated in this Section. (g) AUTHORIZATION OF APPROPRIATIONS. —There are authorized to be appropriated such sums as are necessary to carry out this section.