43 CFR 47.60 - What documentation must the Chairman submit to the Secretary in the land exchange packet?

Regulations last checked for updates: Nov 22, 2024

Title 43 - Public Lands: Interior last revised: Sep 06, 2024

View all text of Subpart A [§ 47.20 - § 47.70]

§ 47.60 - What documentation must the Chairman submit to the Secretary in the land exchange packet?

The documents in the exchange packet submitted to us for approval must include the following:

The packet must contain . . .	that must include . . .
(a) Required statements	(1) A statement of approval for the exchange from the Commission that includes the recorded vote of the Commission;
	(2) A statement of compliance with the National Historic Preservation Act and, as appropriate, a cultural and historic property review;
	(3) An explanation of how the exchange will advance the interests of the beneficiaries;
	(4) A summary of all consultations with beneficiaries, HHCA homestead associations, or HHCA beneficiary associations; and
	(5) A statement of compliance with the Native American Graves Protection and Repatriation Act.
(b) Required analyses and reports	(1) Environmental analyses and records sufficient to meet CERCLA, NEPA, and all other pertinent Federal environmental requirements;
	(2) Land appraisal reports and statements of qualification of the appraisers in accordance with § 47.55; and
	(3) If property conveyed is adjacent to Hawaiian home lands:
	(i) An analysis of intended use of the Hawaiian home lands conveyed;
	(ii) A finding that the intended use will not conflict with established management objectives on the adjacent Hawaiian home lands; and
	(4) A copy of the land exchange proposal, if any.
(c) Relevant legal documents	(1) Any land exchange agreements entered into regarding the subject properties between Chairman and the non-Chairman party;
	(2) Evidence of title; and
	(3) Deeds signed by the parties, with a signature block for the Secretary of the Interior or our authorized representative to approve the transaction.

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 47.60