[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR254.15]

[Page 361-362]
 
              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. 254.15  Title standards.

    (a) Title evidence. (1) Unless otherwise specified by the USDA 
Office of the General Counsel, evidence of title for the non-Federal 
lands being conveyed to the United States must be in recordable form and 
in conformance with the Department of Justice regulations and 
``Standards for the Preparation of Title Evidence in Land Acquisitions 
by the United States'' in effect at the time of conveyance.
    (2) The United States is not required to furnish title evidence for 
the Federal lands being exchanged.
    (b) Conveyance documents. (1) Unless otherwise specified by the USDA 
Office of the General Counsel, all conveyances to the United States must 
be prepared, executed, and acknowledged in accordance with the 
Department of Justice regulations and ``Standards for the Preparation of 
Title Evidence in Land Acquisitions by the United States'' in effect at 
the time of conveyance.
    (2) Conveyances of lands from the United States are made by patent, 
quitclaim deed, or deed and without express or implied warranties, 
except as to hazardous substances pursuant to Sec. 254.3 of this 
subpart.
    (c) Title encumbrances--(1) Non-Federal lands. (i) Title to the non-
Federal lands must be acceptable to the United States. For example, 
encumbrances such as taxes, judgment liens, mortgages, and other 
objections or title defects shall be eliminated, released, or waived in 
accordance with requirements of the preliminary title opinion of the 
USDA Office of the General Counsel or the Department of Justice, as 
appropriate.
    (ii) The United States shall not accept lands in which there are 
reserved or outstanding interests that would interfere with the use and 
management of the land by the United States or would otherwise be 
inconsistent with the authority under which, or the purpose for which, 
the lands are to be acquired. Reserved interests of the non-Federal 
landowner are subject to the appropriate rules and regulations of the 
Secretary, except upon special finding by the Chief, Forest Service in 
the case of States, agencies, or political subdivisions thereof (36 CFR 
part 251, subpart A).

[[Page 362]]

    (iii) Any personal property owned by the non-Federal party which is 
not a part of the exchange proposal, should be removed by the non-
Federal party prior to acceptance of title by the United States, unless 
the authorized officer and the non-Federal party to the exchange 
previously agree upon a specified period to remove the personal 
property. If the personal property is not removed prior to acceptance of 
title or within the otherwise prescribed time, it shall be deemed 
abandoned and shall become vested in the United States.
    (iv) The exchange parties must reach agreement on the arrangements 
for the relocation of any tenants. Qualified tenants occupying non-
Federal lands affected by a land exchange may be entitled to relocation 
benefits under 49 CFR 24.2. Unless otherwise provided by law or 
regulation (49 CFR 24.101(a)(1)), relocation benefits are not applicable 
to owner-occupants involved in exchanges with the United States provided 
the owner-occupants are notified in writing that the non-Federal lands 
are being acquired by the United States on a voluntary basis.
    (2) Federal lands. If Federal lands proposed for exchange are 
occupied under grant, permit, easement, or non-mineral lease by a third 
party who is not a party to the exchange, the third party holder of such 
authorization and the non-Federal party to the exchange may reach 
agreement as to the disposition of the existing use(s) authorized under 
the terms of the grant, permit, easement, or lease. The non-Federal 
exchange party shall submit documented proof of such agreement prior to 
issuance of a decision to approve the land exchange, as instructed by 
the authorized officer. If an agreement cannot be reached, the 
authorized officer shall consider other alternatives to accommodate the 
authorized use or shall determine whether the public interest will be 
best served by terminating such use pursuant to 36 CFR 251.60.