---
kind: "section"
citation: "43 C.F.R. § 47.45"
title: "43"
number: "47.45"
heading: "How does the exchange process work?"
url: "https://uscodex.org/cfr/43/47.45"
---

# §47.45. How does the exchange process work?

- (a) The Secretary recommends the parties prepare a land exchange proposal in accordance with [§ 47.50](/cfr/43/47.50.md). The Secretary also recommends the Chairman and the non-Chairman party in the exchange meet with the Secretary before finalizing a land exchange proposal and signing an agreement to initiate the land exchange to informally discuss:
  - (1) The review and processing procedures for Hawaiian home lands exchanges;
  - (2) Potential issues involved that may require more consideration; or
  - (3) Any other matter that may make the proposal more complete before submission.
- (b) Whether or not a land exchange proposal is completed, the Chairman initiates the exchange by preparing the documentation, conducting appropriate studies, and submitting them to the Secretary in accordance with [§ 47.60](/cfr/43/47.60.md).
- (c) Upon completing the review of the final land exchange packet under [§ 47.60](/cfr/43/47.60.md), the Secretary will issue a Notice of Decision announcing the approval or disapproval of the exchange.
- (d) If the Secretary approves an exchange, title will transfer in accordance with State law.

## Notes

### Authority

Authority: State of Hawai'i Admission Act, 73 Stat. 4, approved March 18, 1959; Hawaiian Homes Commission Act, 1920, as amended, Act of July 9, 1921, 42 Stat. 108; Hawaiian Home Lands Recovery Act, 1995, 109 Stat. 537, 5 U.S.C. 301; 25 U.S.C. 2 and 9; 43 U.S.C. 1457; 112 Departmental Manual 28.

### Source

Source: 81 FR 29788, May 13, 2016, unless otherwise noted.