[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2201.8]

[Page 73-74]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2200--EXCHANGES: GENERAL PROCEDURES--Table of Contents
 
             Subpart 2201--Exchanges--Specific Requirements
 
Sec. 2201.8  Title standards.

    (a) Title evidence. (1) Unless otherwise specified by the Office of 
the Solicitor of the Department of the Interior, evidence of title for 
the non-Federal lands being conveyed to the United States shall be in 
conformance with the Department of Justice regulations and ``Standards 
for the Preparation of Title Evidence in Land Acquisitions by the United 
States'' in effect at the time of conveyance.
    (2) The United States is not required to furnish title evidence for 
the Federal lands being exchanged.
    (b) Conveyance documents. (1) Unless otherwise specified by the 
Office of the Solicitor of the Department of the Interior, all 
conveyances to the United States shall be prepared, executed, and 
acknowledged in recordable form and in accordance with the Department of 
Justice regulations and ``Standards for the Preparation of Title 
Evidence in Land Acquisition by the United States'' in effect at the 
time of conveyance.
    (2) Conveyances of lands from the United States shall be by patent, 
quitclaim deed, or deed without express or implied warranties, except as 
to hazardous substances pursuant to Sec. 2200.0-6(j)(1) of this title.
    (c) Title encumbrances--(1) Non-Federal lands. (i) Title to the non-
Federal lands must be acceptable to the United States. For example, 
encumbrances such as taxes, judgment liens, mortgages, and other 
objections or title defects shall be eliminated, released, or waived in 
accordance with requirements of the preliminary title opinion of the 
Office of the Solicitor of the Department of the Interior or the 
Department of Justice, as appropriate.
    (ii) The United States shall not accept lands in which there are 
reserved or outstanding interests that would interfere with the use and 
management of land by the United States or would otherwise be 
inconsistent with the authority under which, or the purpose for which, 
the lands are to be acquired. Reserved interests of the non-Federal 
landowner are subject to agreed upon covenants or conditions included in 
the conveyance documents.
    (iii) Any personal property owned by the non-Federal party that is 
not a part of the exchange proposal should be removed by the non-Federal 
party prior to acceptance of title by the United States, unless the 
authorized officer and the non-Federal party to the exchange previously 
agree upon a specified period to remove the personal property. If the 
personal property is not removed prior to acceptance of title or within 
the otherwise prescribed time, it shall be deemed abandoned and shall 
become vested in the United States.
    (iv) The exchange parties must reach agreement on the arrangements 
for the relocation of any tenants. Qualified tenants occupying non-
Federal lands affected by a land exchange may be entitled to benefits 
under 49 CFR 24.2. Unless otherwise provided by law or regulation (49 
CFR 24.101(a)(1)), relocation benefits are not applicable to owner-
occupants involved in exchanges with the United States provided the 
owner-occupants are notified in writing

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that the non-Federal lands are being acquired by the United States on a 
voluntary basis.
    (2) Federal lands. If Federal lands proposed for exchange are 
occupied under grant, permit, easement, or non-mineral lease by a third 
party who is not a party to the exchange, the third party holder of such 
authorization and the non-Federal party to the exchange may reach 
agreement as to the disposition of the existing use(s) authorized under 
the terms of the grant, permit, easement, or lease. The non-Federal 
exchange party shall submit documented proof of such agreement prior to 
issuance of a decision to approve the land exchange, as instructed by 
the authorized officer. If an agreement cannot be reached, the 
authorized officer shall consider other alternatives to accommodate the 
authorized use or shall determine whether the public interest will be 
best served by terminating such use in accordance with the terms and 
provisions of the instrument authorizing the use.