12 2 STA T . 12 9 9 PUBLIC LA W 11 0– 2 34—M A Y 22 , 200 8anye n viro n m en t a l analy s es w it h res p e c ttothelan d are completed to enter into a contract f or the sale ore x chan g e of the land .(B)PUBLICORP RI VATES ALE. —I f the S ecretary and Bromley do not enter into a contract for the sale or exchange of the land b y the date specified in s u bparagraph ( A )(ii) , the Secretary may sell or exchange the land at public or private sale (including auction), in accordance with such terms, conditions, and procedures as the Sec - retary determines to be in the public interest. ( C ) R E J ECTIO N O F OFFERS.— T he Secretary may re j ect any offer received under this paragraph if the Secretary determines that the offer is not ade q uate or is not in the public interest. ( D ) BRO K ERS.—In any sale or exchange of land under this subsection, the Secretary may— (i) use a real estate bro k er or other third party
and (ii) pay the real estate broker or third party a commission in an amount comparable to the amounts of commission generally paid for real estate trans- actions in the area. ( 7 ) CAS H E Q UALI Z ATION.— N otwithstanding section 206 (b) of the F ederal L and Policy and M anagement Act of 19 76( 43U .S.C. 1716(b)), the Secretary may accept a cash equali z ation payment in excess of 2 5 percent of the value of any Federal land exchanged under this section. (c) DISPOSITION OF PROCEE D S.— (1) IN G ENERAL.—The Secretary shall deposit the net pro- ceeds from a sale or exchange under this section in the fund established under Public Law 90 – 171 (16 U.S.C. 4 8 4a) (com- monly known as the ‘ ‘Sisk Act ’ ’). (2) USE.—Amounts deposited under paragraph (1) shall be available to the Secretary until expended, without further appropriation, for— (A) the location and relocation of the Appalachian National Scenic Trail and the Long National Recreation Trail in the State; (B) the acquisition of land and interests in land by the Secretary for National Forest System purposes within the boundary of the G reen Mountain National Forest, including land for and adjacent to the Appalachian National Scenic Trail and the Long National Recreation Trail; (C) the acquisition of wetland or an interest in wetland within the boundary of the Green Mountain National Forest to offset the loss of wetland from the parcels sold or exchanged; and (D) the payment of direct administrative costs incurred in carrying out this section. (3) LI M ITATION.—Amounts deposited under paragraph (1) shall not— (A) be paid or distributed to the State or counties or towns in the State under any provision of law; or (B) be considered to be money received from units of the National Forest System for purposes of— (i) the Act of May 23, 1908 (16 U.S.C. 500); or (ii) the Act of March 4, 1913 (16 U.S.C. 501).
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