[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2201.4]



[Page 66-67]

 

                    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.  2201.4  Bargaining; arbitration.



    (a) Unless the parties to an exchange agree in writing to suspend or 

modify the deadlines contained in paragraphs (a)(1) through (a)(4) of 

this section, the parties shall adhere to the following schedule:



[[Page 67]]



    (1) Within 180 days from the date of receipt of the appraisal(s) for 

review and approval by the authorized officer, the parties to an 

exchange may agree on the appraised values of the lands involved in an 

exchange. If the parties cannot agree on the appraised values, they may 

agree to initiate a process of bargaining or some other process to 

resolve the dispute over values. Bargaining or any other process shall 

be based on an objective analysis of the valuation in the appraisal 

report(s) and shall be a means of reconciling differences in such 

reports. Bargaining or another process to determine values may involve 

one or more of the following actions:

    (i) Submission of the disputed appraisal(s) to another qualified 

appraiser for review;

    (ii) Request for additional appraisals;

    (iii) Involvement of an impartial third party to facilitate 

resolution of the value disputes; or

    (iv) Use of some other acceptable and commonly recognized practice 

for resolving value disputes.





Any agreement based upon bargaining shall be in writing and made part of 

the administrative record of the exchange. Such agreement shall contain 

a reference to all relevant appraisal information and state how the 

parties reconciled or compromised appraisal information to arrive at an 

agreement based on market value.

    (2) If within 180 days from the date of receipt of the appraisal(s) 

for review and approval by the authorized officer, the parties to an 

exchange cannot agree on values but wish to continue with the land 

exchange, the appraisal(s) may, at the option of either party, be 

submitted to arbitration unless, in lieu of arbitration, the parties 

have employed a process of bargaining or some other process to determine 

values. If arbitration occurs, it shall be conducted in accordance with 

the real estate valuation arbitration rules of the American Arbitration 

Association. The Secretary or an official to whom such authority has 

been delegated shall appoint an arbitrator from a list provided by the 

American Arbitration Association.

    (3) Within 30 days after completion of arbitration, the parties 

involved in the exchange shall determine whether to proceed with the 

exchange, modify the exchange to reflect the findings of the arbitration 

or any other factors, or withdraw from the exchange. A decision to 

withdraw from the exchange may be made upon written notice by either 

party at this time or at any other time prior to entering into a binding 

exchange agreement.

    (4) If the parties agree to proceed with an exchange after 

arbitration, the values established by arbitration are binding upon all 

parties for a period not to exceed 2 years from the date of the 

arbitration decision.

    (b) Arbitration is limited to the disputed valuation of the lands 

involved in a proposed exchange, and an arbitrator's award decision 

shall be limited to the value estimate(s) of the contested appraisal(s). 

An award decision shall not include recommendations regarding the terms 

of a proposed exchange, nor shall an award decision infringe upon the 

authority of the Secretary to make all decisions regarding management of 

Federal lands and to make public interest determinations.