Page:United States Statutes at Large Volume 106 Part 3.djvu/329

 PUBLIC LAW 102-415—OCT. 14, 1992 106 STAT. 2123 "(B) the number of acres of selection rights that the Haida Corporation possesses as of October 1, 1996. "(2) The average value per acre of the lands referred to in paragraph (1) shall be determined by dividing— "(A) the fair market value of the surface estate of the lands exchanged to the Haida Corporation pursuant to section 12(b)(3);by "(B) die quantity of acres of the lands referred to in subparagraph (A). "(3) The fair market value of the surface estate of lands shall be determined as of March 1, 1993, pursuant to subsection (d). " (d) APPRAISAL. —(I)(A) As soon as possible after the date of enactment of this section, but not later than January 1, 1994, the Secretary of Agriculture shall commence an appraisal of the surface estate of the lands exchanged to the Haida Corporation pursuant to section 12(b)(3). In conducting the appraisal, the Secretary shall include, among other uses of the lands, the value of the timber on the land (on a conversion return basis applicable for southeast Alaska within region 10 of the National Forest System) utilizing the markets then available to the Haida Corporation. The appraisal shall be based on the Uniform Appraisal Standards for Federal Land Acquisitions. "(B) The Haida Corporation shall have the opportunity to present evidence of value to the Secretary of Agriculture. The Secretary shall provide the Haida Corporation with a preliminary draft of the appraisal. The Haida Corporation shall have a reasonable and sufficient opportunity to comment on the appraisal. The Secretary shall give consideration to the comments and evidence of value submitted by the Haida Corporation under this subparagraph. "(2) The Secretary of Agriculture shall complete the valuation of the surface estate of the lands exchanged to the Haida Corporation pursuant to section 12(b)(3) not later than January 1, 1996. On completion of the valuation, the Secretary of Agriculture shall submit the valuation to the Secretary of the Interior for certification. The Secretary of the Interior shall forward a certified copy of the valuation to the Haida Corporation. "(3) If the Haida Corporation disputes the final valuation, the Secretary of Agriculture and the Haida Corporation may mutually agree to employ a process of bargaining or some other process of dispute resolution to determine the value of the lands in question. "(4) The Secretary of Agriculture and the Haida Corporation may mutually agree to suspend or modify any of the deadlines under this subsection. " (e) ELECTION.— (1) Not later than 120 days after receipt of a certified copy of the final valuation from the Secretary of the Interior pursuant to subsection (d)(2), the Haida Corporation shall make an irrevocable election between the remaining selection rights of the Haida Corporation under section 10 and the account described in subsection (b), and shall notify the Secretary of the Interior of the election. "(2) If the Haida Corporation— "(A) elects to utilize the remaining selection rights described in paragraph (1); or "(B) fails to notify the Secretary of the Interior of any such election in a timely manner,

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