[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3057 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3057

To provide to the Secretary of Interior a mechanism to cancel contracts 
    for the sale of materials CA-20139 and CA-22901, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2010

  Mrs. Boxer introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide to the Secretary of Interior a mechanism to cancel contracts 
    for the sale of materials CA-20139 and CA-22901, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Soledad Canyon High Desert, 
California Public Lands Conservation and Management Act of 2010''.

SEC. 2. FINDING AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Soledad canyon area.--
                    (A) Two valid Federal contracts, privately held, 
                numbered CA-20139 and CA-22901, and issued under the 
                Materials Act of 1947, authorize extraction of 
                approximately 56,000,000 tons of sand and gravel from 
                the Federal mineral estate in lands located in Soledad 
                Canyon adjacent to the City of Santa Clarita, 
                California.
                    (B) It is in the best interest of the citizens of 
                California and the Federal Government to cancel the 
                Contracts and prohibit future mining in the area that 
                was subject to the two Federal Contracts in the Soledad 
                Canyon area of California.
                    (C) The holder of the Contracts should receive, as 
                compensation for such cancellation, the fair market 
                value of the Contracts and all costs, fees, and covered 
                liabilities incurred by the Contract Holder in good 
                faith in its efforts to develop the Contracts.
                    (D) A site-specific solution that is fair to the 
                Contract Holder and that seeks to protect the 
                environment and minimize impacts on local 
                transportation systems is in the best interest of the 
                Nation.
                    (E) Considerable sums of money have been expended 
                by the Contract Holder and the City of Santa Clarita on 
                legal and other services in trying to ensure their 
                interests are protected with respect to the Contracts 
                CA-20139 and CA-22901.
                    (F) Facilitation of an open-space corridor between 
                the two arms of the Angeles National Forest that 
                enhances environmental and wildlife values is in the 
                national interest.
            (2) Victorville area.--
                    (A) The Bureau of Land Management has extensive 
                land ownership in small and large parcels interspersed 
                with or adjacent to private land in and around 
                Victorville, California, making many of these parcels 
                difficult to manage and appropriate for disposal.
                    (B) Certain public lands near Victorville, 
                California, have been previously identified for 
                disposal as a result of the Bureau of Land Management's 
                West Mojave Land Management Plan which was approved in 
                2006 with public involvement and participation.
                    (C) In order to promote responsible and orderly 
                economic development, certain public lands should be 
                sold at fair market value to the City of Victorville or 
                the County of San Bernardino; both located in 
                California.
    (b) Purposes.--The purposes of this Act are the following:
            (1) To provide to the Bureau of Land Management the 
        authority to cancel Contracts CA-20139 and CA-22901 and 
        prohibit future mining in the area that was subject to the two 
        Federal Contracts in the Soledad Canyon area of California.
            (2) To provide a means for the Contract Holder to recover 
        for the cancellation of the Contracts, the fair market value of 
        the Contracts and the Contract Holder's expenditures and 
        covered liabilities incurred pursuing the development of the 
        Contracts.
            (3) To provide the Bureau of Land Management tools to 
        verify expenses incurred by the Contract Holder and provide 
        relief.
            (4) To provide timelines for the verification of costs 
        incurred by the Contract Holder and the determination of 
        compensation and to provide a dispute resolution process.
            (5) To provide for the orderly disposal of certain Federal 
        lands in San Bernardino County, California, and to provide for 
        the acquisition of environmentally sensitive lands in the State 
        of California.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) City of santa clarita.--The term ``City of Santa 
        Clarita'' means the City of Santa Clarita, California.
            (2) City of victorville.--The term ``City of Victorville'' 
        means the City of Victorville, California.
            (3) County of san bernardino.--The term ``County of San 
        Bernardino'' means the County of San Bernardino, California.
            (4) Contracts.--The term ``Contracts'' means the Bureau of 
        Land Management mineral contracts numbered CA-20139 and CA-
        22901.
            (5) Contract holder.--The term ``Contract Holder'' means 
        the private party to the Contracts CA-20139 and CA-22901, and 
        its successors that hold legal interests in such Contracts.
            (6) Covered liabilities.--The term ``covered liabilities'' 
        includes any court-ordered or court-approved payment, 
        settlement, or other liability on the part of the Contract 
        Holder for damages, costs, compensation, or reimbursement to 
        any third party for agreements entered into by the Contract 
        Holder in good faith prior to January 1, 2008, in order to 
        exercise rights under the Contracts.
            (7) Environmentally sensitive land.--The term 
        ``environmentally sensitive land'' means land or an interest in 
        land, the acquisition of which by the United States would, in 
        the judgment of the Secretary or the Secretary of Agriculture--
                    (A) promote the preservation of natural, 
                scientific, aesthetic, historical, cultural, watershed, 
                wildlife, and other values contributing to public 
                enjoyment and biological diversity;
                    (B) enhance recreational opportunities and public 
                access;
                    (C) provide the opportunity to achieve better 
                management of public land through consolidation of 
                Federal ownership; or
                    (D) otherwise serve the public interest.
            (8) Materials act of 1947.--The term ``Materials Act of 
        1947'' means the Act of July 31, 1947 (chapter 406; 61 Stat. 
        681; 30 U.S.C. 601-604).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (10) Special account.--The term ``special account'' means 
        the account in the Treasury of the United States established 
        under subsection 5(i).

SEC. 4. CANCELLATION OF THE CONTRACTS; COMPENSATION TO CONTRACT HOLDER.

    (a) Contract Cancellations.--The Secretary shall cancel Bureau of 
Land Management mineral Contracts CA-20139 and CA-22901 and withdraw 
those areas that were subject to the Contracts from further mineral 
entry under all mineral leasing and sales authorities available to the 
Secretary, effective on the date of the enactment of this Act.
    (b) Compensation.--As compensation for the cancellation of the 
Contracts, the Contract Holder shall receive the following amounts, 
whether determined by agreed negotiated value or awarded by judgment of 
the United States Court of Federal Claims in accordance with the 
referral provisions of subsection (g)--
            (1) the fair market value of the cancelled Contracts, 
        determined in accordance with subsection (e);
            (2) the Contract Holder's expenditures in trying to bring 
        the Contracts into commercial production, as described in 
        subsection (f);
            (3) interest on the compensation provided for in paragraphs 
        (1), (2), and (4) from the date of the enactment of this Act 
        until the last day of the month preceding the date on which 
        payment is made, compounded quarterly and computed at the rate 
        applicable to marketable obligations of the United States of 
        three year maturity for the period involved; and
            (4) covered liabilities incurred in trying to bring the 
        Contracts into commercial production, as described in 
        subsection (f); provided, however, that compensation for 
        covered liabilities may be paid to Contract Holder under this 
        section for up to 15 years following the effective date of this 
        Act.
    (c) Means of Payment; Assurances of Payment.--
            (1) Full faith and credit.--The full faith and credit of 
        the United States is hereby pledged to the payment of the 
        compensation provided for in subsection (b).
            (2) Means of payment.--Compensation paid to Contract Holder 
        under this Act shall be paid by means of disbursement of funds 
        from the special account created in the Treasury of the United 
        States pursuant to section 5(i) except as otherwise provided in 
        paragraph (3).
            (3) Payment by deadline.--Notwithstanding paragraph (2) or 
        any other provision of this Act, in the event that the Contract 
        Holder has not received all of the compensation provided for in 
        this section on or before the third anniversary of the 
        enactment of this Act, all compensation then remaining to be 
        paid to Contract Holder shall be paid from the permanent 
        judgment appropriation established pursuant to section 1304 of 
        title 31, United States Code.
            (4) Negotiated agreement.--Any negotiated agreement between 
        the Secretary and the Contract Holder as to the amount of 
        compensation described in subsection (b) shall be deemed to be 
        a compromise settlement of imminent litigation within the 
        meaning of section 1304 of title 31, United States Code, and 
        section 2414 of title 28, United States Code, and, 
        notwithstanding anything to the contrary contained in any other 
        provision of law, including section 2517 of title 28, United 
        States Code,any final judgment by the United States Court of 
        Federal Claims determining the fair market value of Contracts 
        CA-20139 and CA-22901 in accordance with the referral 
        provisions of subsection (g) shall be deemed to be a final 
        judgment and award within the meaning of section 1304 of title 
        31, United States Code.
    (d) Increase in Adjusted Basis of Contract Upon Cancellation.--For 
purposes of the Internal Revenue Code of 1986, the adjusted basis of 
any Contract to which subsection (a) applies shall be increased 
(immediately before the cancellation of such Contract under such 
section) by the excess (if any) of--
            (1) the fair market value of such Contract (determined 
        immediately before such cancellation), over
            (2) the adjusted basis of such Contract (as determined 
        immediately before the application of this section).
    (e) Determination of Fair Market Value.--The Secretary shall, 
within six months after the date of enactment of this Act, determine by 
mineral appraisal, utilizing the discounted cash flow method of 
appraisal (in accordance with the appraisal guidelines for appraisals 
of large quantities of mineral materials contained in section IV(E) of 
BLM Mineral Material Appraisal Handbook H-3630), the fair market value 
of the Contracts and notify the Contract Holder of those 
determinations. In determining the fair market value of the Contracts, 
the Secretary shall assume that--
            (1) the Contract Holder has obtained all the permits and 
        entitlements necessary to mine, produce, and sell sand and 
        gravel under the Contract; and
            (2) mining operations under the Contract have commenced at 
        the time of the determination, with maximum annual production 
        volumes that--
                    (A) are based on the projected supply and demand 
                outlook at the time of determination; and
                    (B) reflect depletion of the reserves that are 
                subject to the Contract within the effective periods of 
                the Contract.
    (f) Expenditures and Covered Liabilities Described.--The 
compensation provided for in subsection (b)(2) is equal to the sum of 
the following:
            (1) All amounts paid to the United States by Contract 
        Holder with respect to the cancelled Contract as bonus bids or 
        other prepayments.
            (2) Interest on amounts referred to in paragraph (1), from 
        the date of payment of such amounts to the United States, at a 
        rate determined by the Secretary.
            (3) Amounts expended by the Contract Holder in securing the 
        Contract and trying to bring it into production, including--
                    (A) all actual costs, including fees, associated 
                with the engineering and environmental studies and 
                permitting proceedings that were incurred in good faith 
                in the Contract Holder's efforts to exercise rights 
                granted under the Contract terms; and
                    (B) all actual legal costs, including fees and 
                covered liabilities, incurred in good faith in the 
                Contract Holder's efforts to exercise rights granted in 
                the Contract including all fees and costs associated 
                with securing permits and entitlements, litigation to 
                compel, secure, or defend permits or entitlements, and 
                litigation in connection with disputes relating to 
                mineral and surface estate rights to the property that 
                is the subject of the Contract.
    (g) Referral to the United States Court of Federal Claims.--
            (1) Referral.--If within 12 months after the date of 
        enactment of this Act, the Secretary and the Contract Holder do 
        not reach agreed negotiated value under subsection (b) 
        regarding the fair market value of Contracts CA-20139 and CA-
        22901, the Contract Holder shall have 3 months thereafter to 
        notify the Secretary that it disagrees with the Secretary's 
        determination of such value. In the event of such notification, 
        the Secretary shall refer the issue of fair market value to the 
        United States Court of Federal Claims for determination.
            (2) Resolution by court.--In any referral under this 
        subsection, the court shall determine de novo the fair market 
        value of Contracts CA-20139 and CA-22901.
    (h) Submission of Expenses Incurred.--
            (1) In general.--To assist in the verification of the 
        amounts expended referred to in subsection (f)(3), the Contract 
        Holder shall submit to the Secretary within 60 days after the 
        date of enactment of this Act an itemized list of such amounts, 
        with enough detail and supporting documentation so the 
        Secretary can determine that the expenses are associated with 
        the Contracts.
            (2) Arbitration.--The Secretary shall issue the 
        determination of the amounts expended referred to in paragraph 
        (f)(3) within 60 days after receipt of the itemized list 
        required under paragraph (1). If the Secretary disapproves such 
        list, the Secretary shall, upon the request of the Contract 
        Holder, determine such amounts through arbitration in 
        accordance with subchapter IV of chapter 5 of title 5, United 
        States Code.
    (i) Assignment.--The Contract Holder may at any time assign its 
rights or entitlement under this Act to all or any part of the 
compensation provided for in paragraphs (1) and (2) of subsection (b).

SEC. 5. SALE OF LANDS NEAR VICTORVILLE, CALIFORNIA.

    (a) In General.--Notwithstanding the land use planning requirements 
of sections 202 and 203 and the other provisions of section 203 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712 and 
1713), and subject to subsections (b), (c), and (d), the Secretary 
shall offer for sale by competitive bidding, for a minimum price not 
less than fair market value as determined by appraisal by the Secretary 
under subsection (h), all right, title and interest of the United 
States in and to those lands identified for disposition on the map 
entitled ``Victorville disposal area, California'' dated December 2009. 
The Secretary shall keep such map on file and available for public 
inspection in the offices of the Director of the Bureau of Land 
Management and in the district office of the Bureau located in Barstow, 
California.
    (b) Pre-Emptive Right of the City of Victorville To Purchase Area A 
Lands.--Prior to any sale of any of the right, title, and interest of 
the United States as provided in subsection (a), the Secretary shall 
provide the City of Victorville, California, with the primary pre-
emptive right to purchase some or all of such right, title, and 
interest in and to the lands identified as Area A on the map referred 
to in subsection (a). The terms of such pre-emptive right shall afford 
the City of Victorville a period of 30 days prior to any phased sale to 
be conducted under subsection (g) in which the City may purchase some 
or all of the right, title, and interest of the United States, as 
provided in subsection (a), then to be offered for sale at its fair 
market value as determined by appraisal by the Secretary under 
subsection (h), by paying to the Secretary in immediately available 
funds the entire purchase price of the right, title, and interest so 
purchased by the City. Such period shall commence on the 60th day prior 
to any phased sale to be conducted under subsection (g), and shall end 
on the 31st day prior to any such sale. Failure by the City of 
Victorville to purchase and pay for such right, title, and interest, 
and to comply with such other terms and conditions of purchase as the 
Secretary shall prescribe, within such period shall terminate the pre-
emptive right of the City of Victorville with respect to the right, 
title, and interest then offered, but shall not terminate such pre-
emptive right with respect to subsequent phased offers of the remaining 
right, title, and interest identified on the map referred to in 
subsection (a).
    (c) Pre-Emptive Rights of the County of San Bernardino To Purchase 
Area A Lands and Area B Lands.--Prior to any sale of any of the right, 
title, and interest of the United States as provided in subsection (a), 
and after providing the City of Victorville the right to purchase under 
subsection (b), the Secretary shall provide the County of San 
Bernardino with the secondary pre-emptive right to purchase some or all 
of such right, title, and interest in and to the lands identified as 
Area A on the map referred to in subsection (a), and the exclusive 
preemptive right to purchase all such right, title, and interest in and 
to the lands identified as Area B on the map referred to in subsection 
(a). The terms of such pre-emptive rights shall afford the County of 
San Bernardino rights with respect to such lands identified as Area A 
and lands identified as Area B that are substantially similar to the 
pre-emptive right afforded under subsection (b).
    (d) Right of Local Land Use Authority To Purchase Area C Lands.--
Prior to any sale of any of the right, title, and interest of the 
United States as provided in subsection (a), the Secretary shall 
provide the local land use authority with respect to the lands 
identified as Area C on the map referred to in subsection (a), as 
determined under the statutes of the State of California, the exclusive 
pre-emptive right to purchase some or all of such right, title, and 
interest in and to such lands. The terms of such pre-emptive right 
shall afford the local land use authority rights with respect to such 
lands identified as Area C that are substantially similar to the pre-
emptive rights afforded under subsections (b) and (c).
    (e) Withdrawal and Reservation.--Subject to valid existing rights, 
the minerals in all Federal lands identified in subsection (a) for 
disposal are withdrawn from settlement, sale, location, or entry under 
the public land laws, including the mining laws codified at chapter 2 
of title 30, United States Code, from leasing under the mineral leasing 
laws including those codified at chapter 3A of title 30, United States 
Code, and disposals under the Materials Act of 1947 (30 U.S.C. 601 et 
seq.). Any sale or other disposal of such lands shall reserve to the 
United States all minerals in such lands, together with the right to 
prospect for, mine, and remove such minerals.
    (f) Consultation.--Before initiating efforts to dispose of land 
under this section, the Secretary shall consult with the City of 
Victorville, the County of San Bernardino, and surface owners in the 
jurisdiction where the lands are located, on the potential impact and 
other appropriate aspects of the disposal. Consultation under this 
subsection is in addition to any other consultation required by law.
    (g) Phasing of Sales.--
            (1) Area a lands.--The Secretary shall, not later than 12 
        months following the enactment of this Act, offer for sale 
        under subsection (a), subject to the primary pre-emptive right 
        of the City of Victorville under subsection (b) and the 
        secondary pre-emptive right of the County of San Bernardino 
        under subsection (c), those lands depicted as Area A on the map 
        referred to in subsection (a).
            (2) Area b lands.--The Secretary shall, not later than 24 
        months following the enactment of this Act, offer for sale 
        under subsection (a), subject to the exclusive pre-emptive 
        right of the County of San Bernardino, those lands depicted as 
        Area B on the map referred to in subsection (a).
            (3) Area c lands.--The Secretary shall, not later than 24 
        months following the enactment of this Act, offer for sale 
        under subsection (a), subject to the pre-emptive right of the 
        local land use authority under subsection (d), those lands 
        depicted as Area C on the map referred to in subsection (a).
            (4) Remaining lands.--The Secretary, after consultations 
        with the City of Victorville, may within 20 years following the 
        enactment of this Act, offer for sale under subsection (a) all 
        the remaining lands identified for disposal in West Mojave Land 
        Management Plan of 2006, except those lands depicted as ``Area 
        of Critical Environmental Concern'' in the map referred to in 
        subsection (a).
            (5) Compliance with environmental requirements.--Land 
        disposal activities of the Secretary under this subsection 
        shall be consistent with all applicable environmental 
        requirements.
    (h) Determination of Fair Market Value.--The fair market value of 
the lands referred to in subsection (g)(1) shall be based on an 
appraisal of the fair market value thereof as of the date of the 
enactment of this Act which shall be completed not later than 6 months 
after the date of the enactment of this Act. The fair market value of 
the lands referred to in subsection (g)(2) shall be based on an 
appraisal of the fair market value thereof as of that date that is 
approximately 6 months prior to the related date of offer as set forth 
in subsection (g)(2) and shall be completed not later than 6 months 
prior to the related offer. The fair market value of the lands 
described in subsection (g)(3) shall be based on an appraisal of each 
parcel offered for sale as of the date of such offer and such appraisal 
shall be completed not less than 6 months prior to the related offer.
    (i) Special Account.--
            (1) Deposit; availability.--The gross proceeds of sales of 
        land under subsection (a) shall be deposited in a special 
        account in the Treasury for use under paragraph (2). Amounts in 
        the special account shall be available to the Secretary for 
        purposes of subparagraphs (A) through (E) of paragraph (2) and 
        to the Secretary of Agriculture for purposes of subparagraphs 
        (B) and (C) of paragraph (2) without further appropriation and 
        shall remain available until disbursed.
            (2) Disposition of proceeds.--Proceeds from sales of lands 
        described in subsection (a) shall be disbursed by the Secretary 
        in the following order of priority:
                    (A) As compensation to the Contract Holder under 
                section 4(b) for cancellation of the Contracts by the 
                Secretary.
                    (B) For the acquisition of private in holdings and 
                land interests in the Mojave National Preserve.
                    (C) For the acquisition of holdings and land 
                interests from willing sellers contained within the 
                Conceptual Area Protection Plan as identified in the 
                East Santa Clarita Land Conservation Concept Plan and 
                Implementation Strategy.
                    (D) For the acquisition of environmentally 
                sensitive land in the State of California in accordance 
                with section 6.
                    (E) For the reimbursement of costs incurred by the 
                California State Office and the Barstow Field Office of 
                the Bureau of Land Management for preparing for the 
                conveyance of land described in subsection (a) 
                including surveys and appraisals, compliance with the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321), and, except as otherwise provided in subsection 
                (a), compliance with sections 201 and 203 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1711, 1712).
            (3) Limitation on use other than for compensation.--No 
        funds may be expended under this subsection for purposes of 
        subparagraphs (B) through (E) of paragraph (2) until the date 
        all compensation has been paid to the Contract Holder for 
        cancellation of the Contracts by the Secretary.
            (4) Special account reserve for contract holder.--
                    (A) Limitation on disbursements.--Notwithstanding 
                paragraphs (2) and (3), funds in the special account 
                referred to in paragraph (1) may be expended for 
                purposes set forth in subparagraphs (B) through (E) of 
                paragraph (2) after compensation has been paid to 
                Contract Holder as provided in paragraphs (1), (2), and 
                (3) of section 4(b), but prior to the date compensation 
                required under section 4(b)(4) has been paid to 
                Contract Holder, if the agreed-upon amount referred to 
                in subparagraph (B) of this paragraph is held as a 
                reserve for payment to Contract Holder under section 
                4(b)(4).
                    (B) Determination of reserve.--For purposes of 
                calculating the reserve provided for in this paragraph, 
                the value of the compensation provided for in section 
                4(b)(4) is deemed to be such amount as is agreed upon 
                by the Secretary and the Contract Holder: Provided, 
                That such agreed-upon amount shall in no event be less 
                than 15 percent of the sum of the value of the elements 
                of compensation described in paragraphs (1) through (3) 
                of section 4(b): Provided further, That such agreement 
                shall be made prior to the disbursement of any funds 
                from the special account for any matter other than 
                compensation to the Contract Holder. Nothing in this 
                paragraph shall be construed to reduce the amount of 
                the compensation payable to the Contract Holder 
                pursuant to section 4(b)(4).
            (5) Investment of special account.--Any amounts deposited 
        in the special account shall earn interest in an amount 
        determined by the Secretary of the Treasury on the basis of the 
        current average market yield on outstanding marketable 
        obligations of the United States with a maturity of three years 
        and shall be expended according to the provisions of this 
        section.
            (6) Procedures.--Except with respect to the disbursement of 
        funds as compensation to the Contract Holder for cancellation 
        of the Contracts, the Secretary shall coordinate the use of the 
        special account with the Secretary of Agriculture, the State of 
        California, local governments, and other interested persons, to 
        ensure accountability and demonstrated results.

SEC. 6. ACQUISITIONS.

    (a) In General.--After the consultation process has been completed 
in accordance with subsection (b), the Secretary may acquire with the 
proceeds of the special account referred to in section 5(a) 
environmentally sensitive land and interests in environmentally 
sensitive land. Lands may not be acquired under this section without 
the consent of the owner thereof. Funds made available from the special 
account may be used for this purpose with any other funds made 
available under any other provision of law.
    (b) Consultation.--Before initiating efforts to acquire land under 
this section, the Secretary or the Secretary of Agriculture shall 
consult with the State of California and with counties and cities 
affected by such acquisition, including appropriate planning and 
regulatory agencies, and with other interested persons, concerning the 
necessity of making the acquisition, the potential impacts on State and 
local government, and other appropriate aspects of the acquisition. 
Consultation under this subsection is in addition to any other 
consultation required by law.
    (c) Administration.--On acceptance of title by the United States, 
land and interests in land acquired under this section that is within 
the boundaries of a unit of the National Forest System, National Park 
System, National Wildlife Refuge System, National Wild and Scenic 
Rivers System, National Trails System, National Wilderness Preservation 
System, or any other system established by Act of Congress, or any 
national conservation or national recreation area established by Act of 
Congress--
            (1) shall, notwithstanding any other provision of law, 
        become part of the unit or area without further action by the 
        Secretary or Secretary of Agriculture; and
            (2) shall be managed in accordance with all laws and 
        regulations and land use plans applicable to the unit or area.
    (d) Determination of Fair Market Value.--The fair market value of 
land or an interest in land to be acquired by the Secretary or the 
Secretary of Agriculture under this section shall be determined under 
section 206 of the Federal Land Policy and Management Act of 1976 (16 
U.S.C. 1716) and shall be consistent with other applicable requirements 
and standards.
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