[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2200.0-7]

[Page 65]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2200_EXCHANGES: GENERAL PROCEDURES--Table of Contents
 
                     Subpart 2200_Exchanges_General
 
Sec. 2200.0-7  Scope.

    (a) These rules set forth the procedures for conducting exchanges of 
Federal lands. The procedures in these rules are supplemented by the 
Bureau of Land Management Manuals and Handbooks 2200 and 9310. The 
contents of these supplemental materials are not considered to be a part 
of these rules.
    (b) The rules contained in this part apply to all land exchanges, 
made under the authority of the Secretary, involving Federal lands, as 
defined in 43 CFR 2200.0-5(i). Apart from the Federal Land Policy and 
Management Act of 1976 (FLPMA), as amended, 43 U.S.C. 1701 et seq., 
there are a variety of statutes, administered by the Secretary, that 
authorize land trades which may include Federal lands, as for example, 
certain National Wildlife Refuge System and National Park System 
exchange acts. The procedures and requirements associated with or 
imposed by any one of these other statutes may not be entirely 
consistent with the rules in this part, as the rules in this part are 
intended primarily to implement the FLPMA land exchange provisions. If 
there is any such inconsistency, and if Federal lands are involved, the 
inconsistent procedures or statutory requirements will prevail. 
Otherwise, the regulations in this part will be followed. The rules in 
this part also apply to the exchange of interests in either Federal or 
non-Federal lands including, but not limited to, minerals, water rights, 
and timber.
    (c) The application of these rules to exchanges made under the 
authority of the Alaska Native Claims Settlement Act, as amended (43 
U.S.C. 1621) or the Alaska National Interest Lands Conservation Act (16 
U.S.C. 3192), shall be limited to those provisions that do not conflict 
with the provisions of these Acts.
    (d) Pending exchanges initiated prior to December 17, 1993 shall 
proceed in accordance with this rule unless:
    (1) In the judgment of the authorized officer, it would be more 
expeditious to continue following the procedures in effect prior to 
December 17, 1993; or
    (2) A binding agreement to exchange was in effect prior to December 
17, 1993; and
    (3) To proceed as provided in paragraphs (d) (1) or (2) of this 
section would not be inconsistent with applicable law.
    (e) Exchanges proposed by persons holding fee title to coal deposits 
that qualify for exchanges under the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1260(b)(5)) and as provided in 
subpart 3436 of this title shall be processed in accordance with this 
part, except as otherwise provided in subpart 3436 of this title.

[46 FR 1638, Jan. 6, 1981, as amended at 63 FR 52617, Oct. 1, 1998]