---
kind: "range"
citation: "43 C.F.R. §§ 3435.3-5–3435.3-7"
title: "43"
from: "3435.3-5"
to: "3435.3-7"
count: 3
url: "https://uscodex.org/cfr/43/3435.3-5..3435.3-7"
---

# §3435.3-5. Notice of public hearing.


After the lessee or lease applicant and the Secretary agree on an exchange proposal, notice of the exchange proposal shall be published in the Federal Register and in at least 1 newspaper of general circulation in each county or equivalent political subdivision where both the offered and selected lands are located. The notice shall announce that, upon request, at least 1 public hearing shall be held in a city or cities located near each tract involved. The notice shall also contain the Secretary's preliminary findings why the proposed exchange is in the public interest. Any notice of the availability of a draft environmental assessment or environmental impact statement on the exchange may be used to comply with this section.


# §3435.3-6. Consultation with Governor.

- (a) The Secretary shall notify the Governor of each state in which lands in the proposed exchange are located of the terms of the exchange and the Secretary's preliminary findings why the exchange is in the public interest. The Secretary shall give each Governor 45 days to comment on the proposal prior to consummating the exchange.
- (b) If, within the 45 day period, the Governor(s), in writing, objects to an exchange that involves leases or lease rights in more than one state, the Secretary will not consummate the exchange for 6 months from the date of objection. The Governor(s) may during this 6-month period submit a written statement why the exchange should not be consummated, and the Secretary shall, on the basis of this statement, reconsider the lease proposal.

# §3435.3-7. Consultation with the Attorney General.


In any exchange which, if consummated, shall result in the issuance of a Federal coal lease, the Secretary, after issuing an exchange notice under [§ 3435.3-1](/cfr/43/3435.3-1.md) of this title and before issuance of a written decision under [§ 3435.4](/cfr/43/3435.4.md) of this title.

- (a) Shall require the lessee or lease applicant to submit the information in [§ 3422.3-4](/cfr/43/3422.3-4.md) of this title; and
- (b) If the Attorney General, within 30 days, objects to lease issuance, shall not issue the exchange lease except after complying with the provisions of [§ 3422.3-4(f)(2)](/cfr/43/3422.3-4.md?p=f-2) of this title.