[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR254.12]

[Page 360]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 254_LANDOWNERSHIP ADJUSTMENTS--Table of Contents
 
                        Subpart A_Land Exchanges
 
Sec. 254.12  Value equalization; cash equalization waiver.

    (a) To equalize the agreed upon values of the Federal and non-
Federal lands involved in an exchange, either with or without 
adjustments of relative values as compensation for various costs, the 
parties to an exchange may agree to:
    (1) Modify the exchange proposal by adding or excluding lands; and/
or
    (2) Use cash equalization, after making all reasonable efforts to 
equalize values by adding or deleting lands.
    (b) The combined amount of any cash equalization payment and/or the 
amount of adjustments agreed to as compensation for costs under Sec. 
254.7 of this subpart may not exceed 25 percent of the value of the 
Federal lands to be conveyed.
    (c) The Secretary of Agriculture may not waive cash equalization 
payment due the United States, but the parties may agree to waive cash 
equalization payment due the non-Federal party. The amount to be waived 
may not exceed 3 percent of the value of the lands being exchanged out 
of Federal ownership or $15,000, whichever is less.
    (d) A cash equalization payment may be waived only after the 
authorized officer certifies, in writing, that the waiver will expedite 
the exchange and that the public interest will be best served by the 
waiver.