[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: 43CFR2201.8]



[Page 69-70]

 

                    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



[[Page 70]]



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.