37-1223

37-1223. Powers and duties of the section;
limitations

A. If the section agrees to assist a landowner pursuant to section 37-1222,
subsection C, the section shall:

1. Charge the landowner a fee for each acre of the subject property. The section
shall deposit, pursuant to sections 35-146 and 35-147, monies received pursuant to this
paragraph in the military airport land exchange fund established by section 37-1224 and
shall use the monies to hire staff and support the operations of the section.

2. Evaluate the suitability of the subject property for exchange with federal land.

3. Coordinate with federal agencies to identify federal lands that are available
and suitable for exchange for the subject property.

4. Prepare an exchange proposal for the landowner's review.

B. The section may:

1. Request a landowner to advance or incur costs of evaluations and studies that
may be needed to prepare an exchange proposal including legal land surveys, title
reports, appraisals, environmental assessments and cultural and biological
investigations. The section shall deposit, pursuant to sections 35-146 and 35-147, the
monies collected under this paragraph in a separate account of the military airport land
exchange fund and shall use the monies to contract for the evaluations and studies that
are needed to prepare an exchange proposal.

2. Accept and spend grants, gifts and contributions from individuals, businesses,
cities, towns, counties, other political subdivisions of this state, other state
agencies, federal agencies and any other sources to hire staff and support the operations
of the section.

3. At the request of the landowner, present an exchange proposal to a federal
agency.

4. Disburse monies in the military airport land exchange fund to a federal agency
that agrees to an exchange proposed under this chapter to cover costs incurred by the
agency in preparing the exchange.

C. The landowner shall be responsible for making all decisions and bearing all
costs arising from an exchange proposed under this chapter. Neither the section nor the
department shall be the landowner's agent. Assistance provided by the section to a
landowner under this chapter is limited by the availability of monies in the military
airport land exchange fund. An agreement under section 37-1222, subsection C is not a
guarantee or other assurance by the section, the department, this state or any agency of
this state that a federal agency will exchange land with the landowner.