[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR254.4]

[Page 302-303]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 254_LANDOWNERSHIP ADJUSTMENTS--Table of Contents
 
                        Subpart A_Land Exchanges
 
Sec.  254.4  Agreement to initiate an exchange.

    (a) Exchanges may be proposed by the Forest Service 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 proposed for 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. A qualified appraiser must 
prepare the preliminary estimate.
    (c) If the authorized officer agrees to proceed with an exchange 
proposal, all prospective parties shall execute a nonbinding agreement 
to initiate an exchange. At a minimum, the agreement must 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 a party, other than the United States and State 
and local governments, that such 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, 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.  254.7 of this 
subpart;
    (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 (Sec.  254.3(i) 
and Sec.  254.14);
    (9) A grant of permission by each party to physically examine the 
lands offered by the other party;
    (10) The terms of any assembled land exchange arrangement, pursuant 
to Sec.  254.5 of this subpart;
    (11) A statement as to the arrangements for relocation of any 
tenants occupying non-Federal lands pursuant to Sec.  254.15 of this 
subpart;
    (12) A notice to an owner-occupant of the voluntary basis for the 
acquisition of the non-Federal lands, pursuant to Sec.  254.15 of this 
subpart; 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

[[Page 303]]

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 may be amended by 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 not consummated or to anyone doing business 
with any such party.
    (g) The withdrawal from an exchange proposal by an authorized 
officer at any time prior to the notice of decision, pursuant to Sec.  
254.13 of this subpart, is not appealable under 36 CFR part 215 or 36 
CFR part 251, subpart C.

[59 FR 10867, Mar. 8, 1984, as amended at 64 FR 25822, May 13, 1999]