Page:United States Statutes at Large Volume 119.djvu/580

 119 STAT. 562

Notice.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

PUBLIC LAW 109–54—AUG. 2, 2005

to the Secretary consideration in an amount that is at least equal to the market value of the administrative site. (2) FORM OF CONSIDERATION.— (A) SALE.—Consideration for an administrative site conveyed by sale under this title shall be paid in cash on conveyance of the administrative site. (B) EXCHANGE.—If the administrative site is conveyed by exchange, the consideration shall be provided in the form of a conveyance to the Secretary of land or improvements that are equal in market value to the conveyed administrative site. If the market values are not equal, the market values may be equalized by— (i) the Secretary making a cash payment to the person or entity acquiring the administrative site; or (ii) the person or entity acquiring the administrative site making a cash equalization payment to the Secretary. (c) DETERMINATION OF MARKET VALUE.—The Secretary shall determine the market value of an administrative site to be conveyed under this title or of non-Federal land or improvements to be provided as consideration in exchange for an administrative site— (1) by conducting an appraisal that is performed in accordance with— (A) the Uniform Appraisal Standards for Federal Land Acquisitions, established in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.); and (B) the Uniform Standards of Professional Appraisal Practice; or (2) by competitive sale. (d) RELATION TO OTHER LAWS.— (1) FEDERAL PROPERTY DISPOSAL.—Subchapter I of chapter 5 of title 40, United States Code, shall not apply to the conveyance of an administrative site under this title. (2) LAND EXCHANGES.—Section 206 of the Federal Land Policy and Management Act (43 U.S.C. 1716) shall not apply to the conveyance of an administrative site under this title carried out by means of an exchange or combination of sale and exchange. (3) LEAD-BASED PAINT AND ASBESTOS ABATEMENT.—Notwithstanding any provision of law relating to the mitigation or abatement of lead-based paint or asbestos-containing building materials, the Secretary is not required to mitigate or abate lead-based paint or asbestos-containing building materials with respect to an administrative site to be conveyed under this title. However, if the administrative site has leadbased paint or asbestos-containing building materials, the Secretary shall— (A) provide notice to the person or entity acquiring the administrative site of the presence of the lead-based paint or asbestos-containing building material; and (B) obtain written assurance from the person or entity acquiring the administrative site that the person or entity will comply with applicable Federal, State, and local laws relating to the management of the lead-based paint and asbestos-containing building materials.

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