Title 48 — Territories and Insular PossessionsRelease 119-73not60

§205 Land Exchanges.

Title 48 › Chapter 3— HAWAII › § 205

Last updated Apr 5, 2026|Official source

Summary

When the Chairman wants to swap Hawaiian Home Lands, the Chairman must send a report to the Secretary. The report must say how many acres and the fair market value, include any surveys or appraisals from the Department of Hawaiian Home Lands, and explain the benefits of the swap. The Secretary must approve or reject the proposed exchange within 120 days and tell the Chairman and the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources why. The Secretary can also recommend swaps of Federal lands described in section 203(b)(5) (except subparagraphs (B) and (C)). If the Secretary recommends a swap, the Chairman must reply in writing within 120 days. The Secretary may pick Federal property screened by the Department of Defense or the General Services Administration and recommend it for exchange. If the Chairman approves such a swap, the Defense Department or GSA must give the property to the Secretary at no cost, and the Secretary will complete the exchange. No Federal land that generates (or is expected to generate) income for the Government may be given to the Department of Hawaiian Home Lands under this rule. The Secretary must also run a survey of all Hawaiian Home Lands using the July 1991 BLM report titled "Survey Needs for the Hawaiian Home Lands" and may do other surveys or appraisals as needed.

Full Legal Text

Title 48, §205

Territories and Insular Possessions — Source: USLM XML via OLRC

“(a)If the Chairman recommends for approval an exchange of Hawaiian Home Lands, the Chairman shall submit a report to the Secretary on the proposed exchange. The report shall contain—

“(1)a description of the acreage and fair market value of the lands involved in the exchange;

“(2)surveys and appraisals prepared by the Department of Hawaiian Home Lands, if any; and

“(3)an identification of the benefits to the parties of the proposed exchange.

“(b)“(1)Not later than 120 days after receiving the information required to be submitted by the Chairman pursuant to subsection (a), the Secretary shall approve or disapprove the proposed exchange.

“(2)The Secretary shall notify the Chairman, the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources [now Committee on Natural Resources] of the House of Representatives of the reasons for the approval or disapproval of the proposed exchange.

“(c)“(1)The Secretary may recommend to the Chairman an exchange of Hawaiian Home Lands for Federal lands described in section 203(b)(5), other than lands described in subparagraphs (B) and (C) of such section. If the Secretary initiates a recommendation for such an exchange, the Secretary shall submit a report to the Chairman on the proposed exchange that meets the requirements of a report described in subsection (a).

“(2)Not later than 120 days after receiving a recommendation for an exchange from the Secretary under paragraph (1), the Chairman shall provide written notification to the Secretary of the approval or disapproval of a proposed exchange. If the Chairman approves the proposed exchange, upon receipt of the written notification, the Secretary shall notify the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources [now Committee on Natural Resources] of the House of Representatives of the approval of the Chairman of the proposed exchange.

“(3)Upon providing notification pursuant to paragraph (2) of a proposed exchange that has been approved by the Chairman pursuant to this section, the Secretary may carry out the exchange.

“(d)“(1)Notwithstanding any other provision of law, the Secretary may—

“(A)select real property that is the subject of screening activities conducted by the Secretary of Defense or the Administrator of General Services pursuant to applicable Federal laws (including regulations) for possible transfer to Federal agencies; and

“(B)make recommendations to the Chairman concerning making an exchange under subsection (c) that includes such real property.

“(2)Notwithstanding any other provision of law, if the Chairman approves an exchange proposed by the Secretary under paragraph (1)—

“(A)the Secretary of Defense or the Administrator of General Services shall transfer the real property described in paragraph (1)(A) that is the subject of the exchange to the Secretary without reimbursement; and

“(B)the Secretary shall carry out the exchange.

“(3)No Federal lands that generate income (or would be expected to generate income) for the Federal Government may be conveyed pursuant to this subsection to the Department of Hawaiian Home Lands.

“(e)“(1)The Secretary shall conduct a survey of all Hawaiian Home Lands based on the report entitled ‘Survey Needs for the Hawaiian Home Lands’, issued by the Bureau of Land Management of the Department of the Interior, and dated July 1991.

“(2)The Secretary is authorized to conduct such other surveys and appraisals as may be necessary to make an informed decision regarding approval or disapproval of a proposed exchange.

Reference

Citations & Metadata

Citation

48 U.S.C. § 205

Title 48 — Territories and Insular Possessions

Last Updated

Apr 5, 2026

Release point: 119-73not60