118 STAT. 1380 PUBLIC LAW 108–346—OCT. 18, 2004 (C) WITHDRAWAL.—On acquisition by the Secretary, the land is permanently withdrawn from all forms of entry and appropriation under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.). (b) FEDERAL LAND DESCRIBED.—On receipt of title to the non Federal land identified in subsection (a) that is acceptable to the Secretary, the Secretary shall simultaneously convey to the City all right, title, and interest of the United States in and to certain Federal land, comprising approximately 9.84 acres, as generally depicted on the map entitled ‘‘Empire Federal Lands—Parcel 12’’, dated June 2003. (c) EQUAL VALUE EXCHANGE.— (1) APPRAISAL.— (A) IN GENERAL.—The values of the Federal land identi fied in subsection (b) and the non Federal land identified in subsection (a)(1)(A) shall be determined by the Secretary through appraisals performed in accordance with the Uni form Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Prac tice. (B) DONATION.—Except as provided in paragraph (3), the conveyance of the non Federal land identified in sub section (a)(1)(B) shall be considered a donation for all pur poses of law. (2) SURPLUS OF NON FEDERAL VALUE.—If the final appraised value (as approved by the Secretary) of the non Federal land identified in subsection (a)(1)(A) exceeds the final appraised value (as approved by the Secretary) of the Federal land identi fied in subsection (b), the values may be equalized by— (A) reducing the acreage of the non Federal land identi fied in subsection (a)(1)(A) to be conveyed, as determined appropriate and acceptable by the Secretary and the City; (B) making a cash equalization payment to the City, including a cash equalization payment in excess of the amount authorized by section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); or (C) a combination of acreage reduction and cash equali zation. (3) SURPLUS OF FEDERAL VALUE.— (A) APPRAISAL.—If the final appraised value (as approved by the Secretary) of the Federal land identified in subsection (b) exceeds the final appraised value (as approved by the Secretary) of the non Federal land identi fied in subsection (a)(1)(A), the Secretary shall— (i) conduct an appraisal in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice for the non Federal land to be con veyed pursuant to subsection (a)(1)(B); and (ii) use the value to the extent necessary to equalize the values of the non Federal land identified in subsection (a)(1)(A) and the Federal land identified in subsection (b).
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