Code of Federal Regulations Title 43. Public Lands:  Interior § 43.47.50 What should the Chairman include in a land exchange proposal for the Secretary?

(1) Identifying information

(i) The identity of the parties involved in the proposed exchange; and

(ii) The status of their ownership of the properties in the exchange, or their ability to provide title to the properties.

(2) Descriptive information

A legal description of:

(i) The land considered for the exchange; and

(ii) The appurtenant rights proposed to be exchanged or reserved.

(3) Authorized use information

(i) Any authorized uses including grants, permits, easements, or leases; and

(ii) Any known unauthorized uses, outstanding interests, exceptions, adverse claims, covenants, restrictions, title defects or encumbrances.

(4) A time schedule for completing the exchange

Expected dates of significant transactions or milestones.

(5) Assignment of responsibilities

Responsibilities for:

(i) Performance of required actions; and

(ii) Costs associated with the proposed exchange.

(6) Hazardous substance information

Notice of:

(i) Any known release, storage, or disposal of hazardous substances on non-Hawaiian Home Land Trust properties in the exchange;

(ii) Any commitments regarding responsibility for removal or remedial actions concerning hazardous substances on non-Hawaiian Home Land Trust properties; and

(iii) All terms and conditions regarding hazardous substances on non-Hawaiian Home Land Trust properties.

(7) Grants of permission by each party to the other

Permission to enter the properties for the purpose of conducting physical examination and studies in preparation for the exchange. Written permission to appraise the properties should also be included.

(8) Three statements

Details of:

(i) Arrangements for relocating tenants, if there are tenants, occupying the Hawaiian Home Land Trust and non-Hawaiian Home Land Trust properties involved in the exchange;

(ii) How the land exchange proposal complies with the HHCA and HHLRA; and

(iii) How the documents of conveyance will be exchanged once the Secretary has approved the exchange.