[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2201.1]



[Page 62-63]

 

                    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.  2201.1  Agreement to initiate an exchange.





    (a) Exchanges may be proposed by the Bureau of Land Management or by 

any person, State, or local government. Initial exchange proposals 

should be directed to the authorized officer responsible for the 

management of Federal lands involved in an exchange.

    (b) To assess the feasibility of an exchange proposal, the 

prospective parties may agree to obtain a preliminary estimate of the 

values of the lands involved in the proposal. The preliminary estimate 

is generally not an appraisal but shall be prepared by a qualified 

appraiser.

    (c) If the authorized officer agrees to proceed with an exchange 

proposal, a nonbinding agreement to initiate an exchange shall be 

executed by all prospective parties. At a minimum, the agreement shall 

include:

    (1) The identity of the parties involved in the proposed exchange 

and the status of their ownership or ability to provide title to the 

land;

    (2) A description of the lands or interest in lands being considered 

for exchange;

    (3) A statement by each party, other than the United States and 

State and local governments, certifying that the party is a citizen of 

the United States or a corporation or other legal entity subject to the 

laws of the United States or a State thereof;

    (4) A description of the appurtenant rights proposed to be exchanged 

or reserved; any authorized uses including grants, permits, easements, 

or leases; and any known unauthorized uses, outstanding interests, 

exceptions, adverse claims, covenants, restrictions, title defects or 

encumbrances;

    (5) A time schedule for completing the proposed exchange;

    (6) An assignment of responsibility for performance of required 

functions and for costs associated with processing the exchange;

    (7) A statement specifying whether compensation for costs assumed 

will be allowed pursuant to the provisions of Sec.  2201.1-3 of this 

part;

    (8) Notice of any known release, storage, or disposal of hazardous 

substances on involved Federal or non-Federal lands, and any commitments 

regarding responsibility for removal or other remedial actions 

concerning such substances on involved non-Federal lands. All such terms 

and conditions regarding non-Federal lands shall be included in a land 

exchange agreement pursuant to Sec.  2201.7-2 of this part;

    (9) A grant of permission by each party to conduct a physical 

examination of the lands offered by the other party;

    (10) The terms of any assembled land exchange arrangement, pursuant 

to Sec.  2201.1-1 of this part;

    (11) A statement as to any arrangements for relocation of any 

tenants occupying non-Federal land, pursuant to Sec.  2201.8 (c)(1)(iv) 

of this part;

    (12) A notice to an owner-occupant of the voluntary basis for the 

acquisition of the non-Federal lands, pursuant to Sec.  2201.8 

(c)(1)(iv) of this part; and

    (13) A statement as to the manner in which documents of conveyance 

will be exchanged, should the exchange proposal be successfully 

completed.

    (d) Unless the parties agree to some other schedule, no later than 

90 days from the date of the executed agreement to initiate an exchange, 

the parties shall arrange for appraisals, which are to be completed 

within timeframes and under such terms as are negotiated. In the absence 

of current market information reliably supporting value, the parties may 

agree to use other acceptable and commonly recognized methods to 

estimate value.

    (e) An agreement to initiate an exchange may be amended by written 

consent of the parties or terminated at any time upon written notice by 

any party.

    (f) Entering into an agreement to initiate an exchange does not 

legally bind any party to proceed with processing or to consummate a 

proposed exchange, or to reimburse or pay damages to any party to a 

proposed exchange that is delayed or is not consummated or to anyone 

assisting in any way, or doing business with, any such party.

    (g) The withdrawal from, and termination of, an exchange proposal, 

or an



[[Page 63]]



agreement to initiate an exchange, by the authorized officer at any time 

prior to the notice of decision, pursuant to Sec.  2201.7-1 of this 

part, is not protestable or appealable under 43 CFR part 4.