[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2201.6]

[Page 72]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2200_EXCHANGES: GENERAL PROCEDURES--Table of Contents
 
              Subpart 2201_Exchanges_Specific Requirements
 
Sec. 2201.6  Value equalization; cash equalization waiver.

    (a) To equalize the agreed upon values of the Federal and non-
Federal lands involved in an exchange, either with or without 
adjustments of relative values as compensation for various costs, the 
parties to an exchange may agree:
    (1) To modify the exchange proposal by adding or excluding lands; 
and/or
    (2) To use cash equalization after making all reasonable efforts to 
equalize values by adding or excluding lands.
    (b) The combined amount of any cash equalization payment and/or the 
amount of adjustments agreed to as compensation for costs under Sec. 
2201.1-3 of this part may not exceed 25 percent of the value of the 
Federal lands to be conveyed.
    (c) The parties may agree to waive a cash equalization payment if 
the amount to be waived does not exceed 3 percent of the value of the 
lands being exchanged out of Federal ownership or $15,000, whichever is 
less. This provision shall not be applied to exchanges where the value 
differential is in excess of $15,000.
    (d) A cash equalization payment may be waived only after the 
authorized officer determines in writing how the waiver will expedite 
the exchange and why the public interest will be better served by the 
waiver.