A determination that an exchange advances the interests of the beneficiaries must find that:
(a) The exchange supports perpetuation of the Hawaiian Home Lands Trust;
(b) The interests of the beneficiaries in obtaining non-Hawaiian home lands exceeds the interests of the beneficiaries in retaining the Hawaiian home lands proposed for the exchange, based on an evaluation of the factors in § 47.20; and
(c) The intended use of the conveyed Hawaiian home lands will not significantly conflict with the beneficiaries' interests in adjacent Hawaiian home lands.
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
cite as: 43 CFR 47.30