What Is a Land Exchange Agreement

Following approval of the feasibility study, the proponent and the federal agency will enter into a non-binding initiative agreement (functional equivalent of a letter of intent) setting out the lands to be considered for the exchange, a timeline for the transaction and a division of responsibilities. The Federal Land Transaction Facilitation Reauthorization Act of 2018 (FLTFA) has permanently reauthorized this program, which provides for the sale or exchange of land owned by the Bureau of Land Management (BLM) provided under BLM`s land use plans. Proceeds from these sales will be paid into an account for the purchase of high-priority nature reserves in or near BLM, the U.S. Forest Service, the National Park Service, and the U.S. Fish and Wildlife Service in the eleven adjacent western and Alaska states, as well as administrative costs of blM land sales. The reauthorized law emphasizes wildlife-dependent recreation to help athletes acquire land, requires BLM to create and maintain a publicly accessible database of all available land, and creates additional flexibility to fund conservation in Western states more effectively and efficiently. The values of the affected lands are determined by expert opinions prepared in accordance with these guidelines and last updated in 2016. State exchanges, whether conducted by the Forest Service, the Office of Land Management, or any other federal agency, have similar, but not identical, processes. Land exchanges and transfers involving state lands generally follow different processes in different states. Below is a brief summary of the federal land exchange process.

Regulates land exchange with the federal government. The FLPMA empowers the Minister of the Interior to acquire land by exchange and sell public land in exchange. FlPMA requires that the values of the traded countries be the same. If the values are not the same, they can be offset by a cash payment of up to 25% of the value of the federal states for sale, as well as by expert opinions. Knowledge and experience in conducting public land exchanges. Land exchange is a complex, time-consuming and costly process. As an experienced third-party facilitator, we provide our clients with enough information to help them make informed business decisions regarding a land exchange or other public land transactions. Real or personal rights may be exchanged.

We are talking about things like profit-sharing law, credit law, inheritance law, etc. A very common case of home exchange is this: the owner of a building plot gives it to a developer so that he can build it in exchange for houses from the future subsidy. Depending on what you want to exchange (exchange of houses, movable property, money, rights…), we can distinguish different models of contracts. Each type of contract has its own characteristics. Land exchange is a valuable tool for land management authorities to acquire important and threatened resource land while mediating public lands that are difficult, if not impossible, to manage. Due to the reduction in funds for the purchase of the Land and Water Conservation Fund, land exchange is an important way for federal agencies to acquire land while having properties that have little public benefit. In addition, land exchange offers local communities the opportunity to guide future growth and preserve private lands that contain important local natural, historical and recreational values. Land swaps can be inexpensive and offer win-win opportunities for the public.

Once the investigation and assessment processes in the public interest have been completed, the Agency adopts its decision. The decision explains the Agency`s decision to proceed with or reject the exchange. Copies of the decision will be sent to state and local government representatives, authorized users of selected states, the congressional delegation, and interested parties. After deciding to proceed with the land exchange, the agency and the developer may enter into a binding exchange agreement. The exchange agreement identifies the goods to be exchanged, charges, cash settlement payments that may be required to complete the exchange, the agreed values of the land in question, a description of the goods and services and other responsibilities of the developer and the agency. The purpose of the Act, the implementing provisions of which were adopted in 1994, is to facilitate and expedite land exchanges under the supervision of the Minister of Agriculture and the Minister of the Interior by streamlining and improving trade procedures. The legislation supports the long-standing policy that land exchange is an important tool for consolidating land ownership for more effective management; ensure important objectives of management, improvement, development and protection of resources; and to meet other needs of the public. This Act requires the Forest Service to develop land and resource management plans for each unit of the national forest system. NEPA and its implementation guidelines issued by the Environmental Quality Council provide a framework within which the potential impacts (environmental, social and economic) of a particular project are fully disclosed. Depending on the type of exchange in question and the level of effort required to fully assess its potential impacts, the documentation required under NEPA may take the form of a full Environmental Impact Statement (EIA), an Environmental Assessment (EA) or an outright exclusion (EC).

The exchange contract is the contract that is used when both parties have something that interests the other and they decide to agree on an exchange. An example of this type of contract could be a house exchange. As a third-party facilitator who has developed an in-depth knowledge of managing the exchange process, Western Land Group can evaluate the diverse and time-consuming tasks involved in processing an exchange. experience in planning and implementing public information programs; cooperation with elected officials; Review of reviews and surveys; Identification and resolution of technical loads; the organization and, in some cases, the preparation of environmental assessments; And closing real estate transactions are all tasks that require expertise. Through this agreement, the parties exchange ownership of a house, land, land, etc. for these equivalent business values. If you have any questions, please contact our experienced exchange lawyers. The ESA provides protection against federal measures that endanger threatened, endangered or listed species. The presence of one of these species (plant or animal) may affect the determination of the public interest in the exchange. Similarly, it is possible to exchange services: a plumber exchanges his professional services with a painter, provided that the services are equivalent.

The federal land exchange process is designed to ensure that the exchange is in the public interest and that the estimated values are about the same. .