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e-CFR data is current as of October 22, 2020

Title 36Chapter IIPart 254Subpart C → §254.36


Title 36: Parks, Forests, and Public Property
PART 254—LANDOWNERSHIP ADJUSTMENTS
Subpart C—Conveyance of Small Tracts


§254.36   Determining public interest.

(a) All pertinent requirements of this subpart must be met before a determination of public interest is made.

(b) Before a conveyance is made under this subpart, such conveyance must be determined to be in the public interest.

(c) Forest Service officials shall consider the following criteria in determining when the public interest will be served:

(1) Sale, exchange, or interchange of the affected lands is not practicable under any other authority of the Secretary;

(2) Administration and management of National Forest System lands will be more efficient and will result in improved utilization;

(3) Access to and use and enjoyment of National Forest System lands by the general public will not be unduly impeded or restricted;

(4) New or extensive inholdings which would create management problems will not be established;

(5) Scenic, wildlife, environmental, historical, archaeological, or cultural values will not be substantially affected or impaired;

(6) Existence of structures authorized under a special use permit or easement, and

(7) Applicable Federal, State, and local laws, rules, regulations, and zoning ordinances will not be violated.

[49 FR 1185, Jan. 10, 1984, as amended at 85 FR 8181, Feb. 13, 2020]

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