Page:United States Statutes at Large Volume 102 Part 2.djvu/88

 102 STAT. 1092

PUBLIC LAW 100-409—AUG. 20, 1988

State and local governmental agencies, the public, and the private sector, (e) RECOMMENDATIONS.—The report required by subsection (c) may also include such reconmiendations for legislation as the Secretary of the Interior considers necessary or desirable. SEC. 9. CASH EQUALIZATION WAIVER.

Subsection 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)) is hereby amended by adding the following at the end of the third sentence thereof: "The Secretary concerned and the other party or parties involved in the exchange may mutually £ ^ e e to waive the requirement for the payment of money to equalize values where the Secretary concerned determines that the exchange will be expedited thereby and that the public interest will be better served by such a waiver of cash equalization payments and where the amount to be waived is no more than 3 per centum of the value of the lands being transferred out of Federal ownership or $15,000, whichever is less, except that the Secretary of Agriculture shall not agree to waive any such requirement for payment of money to the United States.". SEC. 10. TEMPORARY REVOCATION AUTHORITY.

Courts, U.S. District of Columbia. 43 USC 1723.

The Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), as amended, is further amended by adding the following new section: SEC. 215. (a) When the sole impediment to consummation of an exchange of lands or interests therein (hereinafter referred to as an exchange) determined to be in the public interest, is the inability of the Secretary of the Interior to revoke, modify, or terminate part or all of a withdrawal or classification because of the order (or subsequent modification or continuance thereof) of the United States District Court for the District of 0)lumbia dated February 10, 1986, in Qvil Action No. 85-2238 (National Wildlife Federation v. Robert E. Burford, et al.), the Secretary of the Interior is hereby authorized, notwithstanding such order (or subsequent modification or continuance thereof), to use the authority contained herein, in lieu of other authority provided in this Act including section 204, to revoke, modify, or terminate in whole or in part, withdrawals or classifications to the extent deemed necessary by the Secretary to enable the United States to transfer land or interests therein out of Federal ownership pursuant to an exchange. "(b) REQUIREMENTS.—The authority specified in subsection (a) of this section may be exercised only in cases where— "(1) a particular exchange is proposed to be carried out pursuant to this Act, as amended, or other applicable law authorizing such an exchange; "(2) the propped exchange has been prepared in compliance with all laws applicable to such exchange; "(3) the head of each Federal agency managing the lands proposed for such transfer has submitted to the Secretary of the Interior a statement of concurrence with the proposed revocation, modification, or termination; "(4) at least sixty days have elapsed since the Secretary of the Interior has published in the Federal Register a notice of the proposed revocation, modification, or termination; and "(5) at least sixty days have elapsed since the Secretary of the Interior has transmitted to the Committee on Interior and

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