U.S. Code of Federal Regulations
Regulations most recently checked for updates: Aug 10, 2020
This part sets forth the procedures for conducting land exchanges of Hawaiian home lands authorized by the Hawaiian Homes Commission Act, 1920 (HHCA).
As used in this part, the following terms have the meanings given in this section.
Appraisal or Appraisal report means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion as to the market value of the lands or interests in lands to be exchanged as of a specific date(s), supported by the presentation and analysis of relevant market information.
Beneficiary or beneficiaries means “native Hawaiian(s)” as that term is defined under section 201(a) of the Hawaiian Homes Commission Act.
Chairman means the Chairman of the Hawaiian Homes Commission designated under section 202 of the Hawaiian Homes Commission Act.
Commission means the Hawaiian Homes Commission established by section 202 of the Hawaiian Homes Commission Act, which serves as the executive board of the Department of Hawaiian Home Lands.
Consultation or consult means representatives of the government engaging in an open discussion process that allows interested parties to address potential issues, changes, or actions. Consultation does not necessarily require formal face-to-face meetings. The complexity of the matter along with the potential effects that the matter may have on the Trust or beneficiaries will dictate the appropriate process for consultation. Consultation requires dialogue (oral, electronic, or printed) or a good faith, dialogue or documented effort to engage with the beneficiaries, consideration of their views, and, where feasible, seek agreement with the beneficiaries when engaged in the land exchange process.
DHHL or Department of Hawaiian Home Lands means the department established by the State of Hawai'i under sections 26-4 and 26-17 of the Hawai'i Revised Statutes to exercise the authorities and responsibilities of the Hawaiian Homes Commission under the Hawaiian Homes Commission Act.
Hawaiian Home Lands Trust means all trust lands given the status of Hawaiian home lands under section 204 of the Hawaiian Homes Commission Act, and those lands obtained through approval under this part, and as directed by Congress.
Hawaiian Home Lands Trust Funds means the funds established in the HHCA section 213.
Hazardous substances means those substances designated under Environmental Protection Agency regulations at 40 CFR part 302.
HHCA or Hawaiian Homes Commission Act means the Hawaiian Homes Commission Act, 1920, 42 Stat. 108, as amended.
HHCA Beneficiary Association means an organization controlled by beneficiaries who submitted applications to the DHHL for homesteads and are awaiting the assignment of a homestead; represents and serves the interests of those beneficiaries; has as a stated primary purpose the representation of, and provision of services to, those beneficiaries; and filed with the Secretary a statement, signed by the governing body, of governing procedures and a description of the beneficiaries it represents.
HHLRA or Hawaiian Home Lands Recovery Act means the Hawaiian Home Lands Recovery Act, 1995, 109 Stat. 357.
Homestead Association means a beneficiary controlled organization that represents and serves the interests of its homestead community; has as a stated primary purpose the representation of, and provision of services to, its homestead community; and filed with the Secretary a statement, signed by the governing body, of governing procedures and a description of the territory it represents.
Land exchange is any transaction, other than a sale, that transfers Hawaiian home lands from the Hawaiian Home Lands Trust to another entity and in which the Hawaiian Home Lands Trust receives the entity's land as Hawaiian home lands. A land exchange can involve trading Hawaiian home lands for private land, but it can also involve trading land between the Hawaiian Home Lands Trust and State or Federal agencies.
Market value means the most probable price in cash, or terms equivalent to cash, that lands or interests in lands should bring in a competitive and open market under all conditions requisite to a fair sale, where the buyer and seller each acts prudently and knowledgeably, and the price is not affected by undue influence.
Native Hawaiian or native Hawaiian has the same meaning as that term defined under section 201(a) of the Hawaiian Homes Commission Act.
Office of Valuation Services (OVS) means the Office with real estate appraisal functions within the Office of the Assistant Secretary - Policy, Management, and Budget of the Department of the Interior.
Outstanding interests means rights or interests in property involved in a land exchange held by an entity other than a party to the exchange.
Secretary means the Secretary of the Interior or the individual to whom the authority and responsibilities of the Secretary have been delegated.
Trust means the Hawaiian Home Lands Trust and the Hawaiian Home Lands Trust Funds.
(a) The Chairman may only exchange land under the authority of the HHCA in conformity with the HHLRA.
(b) When the Chairman makes any land exchange, the following laws and regulations constitute a partial list of applicable laws and regulations:
|Legislation or regulation||Citation|
|(1) The National Historic Preservation Act, 1966||16 U.S.C. 470 et seq.|
|(2) Implementing regulations for the National Historic Preservation Act||36 CFR part 800.|
|(3) Section 3 of the Native American Graves Protection and Repatriation Act (NAGPRA)||25 U.S.C. 3002.|
|(4) Implementing regulations for the Native American Graves Protection and Repatriation Act||43 CFR part 10.|
|(5) The National Environmental Policy Act, 1969 (NEPA)||42 U.S.C. 4371 et seq.|
|(6) Implementing regulations for NEPA||40 CFR parts 1500-1508; 43 CFR part 46.|
|(7) The State of Hawai'i Admission Act||73 Stat. 4.|
|(8) Hawaiian Homes Commission Act, 1920, as amended||42 Stat. 108.|
|(9) Hawaiian Home Lands Recovery Act, 1995||109 Stat. 537.|
|(10) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)||42 U.S.C. 9601 et seq.|
|(11) Implementing regulations for CERCLA||40 CFR part 312.|