The Secretary may approve an exchange only after making a determination that the exchange will advance the interests of the beneficiaries. In considering whether a land exchange will advance the interests of the beneficiaries, the Secretary will evaluate the extent to which it will:
(a) Achieve better management of Hawaiian home lands;
(b) Meet the needs of HHCA beneficiaries and their economic circumstances by promoting:
(1) Homesteading opportunities,
(2) economic self-sufficiency, and,
(3) social well-being;
(c) Promote development of Hawaiian home lands for residential, agricultural, and pastoral use;
(d) Protect cultural resources and watersheds;
(e) Consolidate lands or interests in lands, such as agricultural and timber interests, for more logical and efficient management and development;
(f) Expand homestead communities;
(g) Accommodate land use authorizations;
(h) Address HHCA beneficiary needs; and
(i) Advance other identifiable interests of the beneficiaries consistent with the HHCA.
authority: State of Hawai'i Admission Act, 73 Stat. 4, approved March 18, 1959; Hawaiian Homes Commission Act, 1920, as amended, Act of July 9, 1921, 42 Stat. 108; Hawaiian Home Lands Recovery Act, 1995, 109 Stat. 537,
5 U.S.C. 301;
25 U.S.C. 2 and 9;
43 U.S.C. 1457; 112 Departmental Manual 28
source: 81 FR 29788, May 13, 2016, unless otherwise noted.
cite as: 43 CFR 47.20