[Title 36 CFR C]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 36 - PARKS, FORESTS, AND PUBLIC PROPERTY]
[Chapter II - FOREST SERVICE, DEPARTMENT OF AGRICULTURE]
[Part 254 - LANDOWNERSHIP ADJUSTMENTS]
[Subpart C - Conveyance of Small Tracts]
[From the U.S. Government Printing Office]


36PARKS, FORESTS, AND PUBLIC PROPERTY22002-07-012002-07-01falseCSubpart CPARKS, FORESTS, AND PUBLIC PROPERTYFOREST SERVICE, DEPARTMENT OF AGRICULTURELANDOWNERSHIP ADJUSTMENTS
                  Subpart C--Conveyance of Small Tracts

    Authority: Pub. L. 97-465; 96 Stat. 2535.

    Source: 49 FR 1185, Jan. 10, 1984, unless otherwise noted.



Sec. 254.30  Purpose.

    These regulations set forth procedures by which the Secretary of 
Agriculture may resolve land disputes and management problems pursuant 
to Pub. L. 97-465, commonly called the Small Tracts Act, by conveying, 
through sale, exchange, or interchange, three categories of tracts of 
land: Parcels encroached on, road rights-of-way, and mineral survey 
fractions. Implementation of these regulations does not constitute 
authorization of nor consent to adverse possession against lands 
administered by the Secretary of Agriculture.



Sec. 254.31  Definitions.

    For the purpose of this subpart,
    An applicant is a person who occupies or has improvements on 
National Forest System land under claim of title or color of title, or 
who owns land abutting or underlying a road right-of-way, or who owns 
land interspersed with or adjacent to mineral survey fractions.
    Approximately equal value is a comparative estimate of value of 
lands involved in an interchange where elements of value, such as 
physical characteristics and other amenities, are readily apparent and 
substantially similar.
    Claim of title is a claim of land as a person's own, based on any 
reasonable evidence which establishes the person's actual use of the 
land as though the person had full title thereto from the time the 
person obtained ownership of abutting land.
    Color of title arises from an instrument purporting to convey title 
to a tract of land.
    Encroachments are improvements occupied or used on National Forest 
System land under claim of title or color of title.
    Exchange is a discretionary, voluntary transaction involving mutual 
transfers of land or interests in land between the Secretary of 
Agriculture acting by and through the Forest Service and a nonfederal 
entity.

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    Good faith is honesty of intention and freedom from knowledge of 
circumstances which ought to put a prudent person upon inquiry.
    Improvements mean an addition to property costing labor or capital 
which affects its value. The term generally includes fixtures, 
structures and attendant facilities, or buildings.
    Interchange is a land transfer in which the Secretary and another 
person exchange lands or interests in lands of approximately equal value 
without a formal appraisal.
    Mineral survey fractions are small parcels of National Forest System 
lands interspersed with or adjacent to lands transferred out of Federal 
ownership under the mining laws.
    Person includes any nonfederal entity such as a State or any 
political subdivision as well as any individual or business entity.
    Secretary refers to the Secretary of the United States Department of 
Agriculture.



Sec. 254.32  Encroachments.

    (a) Conveyances under this subpart are limited to tracts of 10 acres 
or less to resolve encroachments by persons:
    (1) To whom no advance notice was given that the improvements 
encroached or would encroach, and
    (2) Who in good faith relied on an erroneous survey, title search, 
or other land description which did not reveal such encroachment.
    (b) Forest Service officials shall consider the following factors 
when determining whether to convey lands upon which encroachments exist:
    (1) The location of the property boundaries based on historical 
location and continued acceptance and maintenance,
    (2) Factual evidence of claim of title or color of title,
    (3) Notice given to persons encroaching on National Forest System 
lands,
    (4) Degree of development in the encroached upon area, and
    (5) Creation of an uneconomic remnant.



Sec. 254.33  Road rights-of-way.

    (a) Reserved or acquired road right-of-way parcels subject to 
conveyance under this subpart are limited to those which are 
substantially surrounded by lands not owned by the United States.
    (b) Forest Service officials shall consider public road system 
right-of-way needs based on National Forest transportation planning and 
State and local law before making any conveyance of rights-of-way.
    (c) Reimbursement will be required for the value of any improvements 
made by the United States or other highway authorities, unless waived by 
the Chief of the Forest Service.



Sec. 254.34  Mineral survey fractions.

    (a) Mineral survey fractions subject to conveyance under this 
subpart are limited to those tracts which:
    (1) Cannot be efficiently administered because of size, shape, or 
location;
    (2) Are occupied or could be occupied or used by adjoining owners; 
and
    (3) When sold separately or aggregated in one transaction, do not 
exceed 40 acres.
    (b) Forest Service officials shall consider the following criteria 
in determining whether to convey mineral survey fractions under this 
subpart:
    (1) The mineral survey fractions are interspersed among and are more 
or less an integral part of private land holdings;
    (2) The feasibility and cost of surveying the parcels in order to 
manage them effectively;
    (3) The size, shape, and location of the parcels as they affect 
management, utility, access, occupancy or use of the parcels or the 
lands with which they are interspersed.



Sec. 254.35  Limitations.

    (a) Lands within the National Wilderness Preservation System, the 
National Wild and Scenic Rivers System, the National Trails System, and 
National Monuments are excluded from any conveyance under these 
provisions.
    (b) Lands within National Recreation Areas may not be conveyed by 
sale under this subpart.
    (c) The value of Federal lands conveyed in any transaction, pursuant 
to this subpart, shall not exceed $150,000.
    (d) Compensation for lands conveyed shall be of at least equal 
value, or in

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the case of interchange, of approximately equal value, and may be in the 
form of land, interest in land (including minerals), or cash, or any 
combination thereof.
    (e) The sale, exchange, or interchange of lands or interest in lands 
under these rules are discretionary and shall be made only if found to 
be in the public interest.
    (f) The abutting landowner(s) shall have the first right of 
acquisition.
    (g) The area of land conveyed shall be limited to the minimum 
necessary to resolve encroachment or land management problems.

[49 FR 1185, Jan. 10, 1984; 49 FR 2762, Jan. 23, 1984]



Sec. 254.36  Determining public interest.

    (a) The requirements of Sec. 254.35 and of one of Sec. 254.32, 
Sec. 254.33, or Sec. 254.34 must be met before a determination of public 
interest can be 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.



Secs. 254.37-254.39  [Reserved]



Sec. 254.40  Applications.

    (a) A request for conveyance of National Forest System land must be 
made in writing to the District Ranger or the Forest Supervisor who has 
administrative jurisdiction over the land.
    (b) The applicant shall bear all reasonable costs of administration, 
survey, and appraisal incidental to the conveyance.
    (c) Costs incidental to the conveyance may be waived at the 
discretion of the Chief of the Forest Service.



Sec. 254.41  Public sale or exchange in absence of application.

    (a) Mineral survey fractions or road rights-of-way which have not 
been applied for by an abutting landowner may be offered to the public 
for sale or exchange at not less than fair market value.
    (b) Public notice of a proposed sale of land for which there is no 
applicant shall be published once a week for four consecutive weeks in a 
local newspaper prior to the date of sale.
    (c) The public notice shall describe the lands to be sold, minimum 
acceptable price, conditions of sale, sealed or oral bid procedures, 
date and location of sale.



Sec. 254.42  Valuation of tracts.

    (a) Approximately equal value shall be determined by comparing and 
evaluating the elements of value on the lands or interest in lands to be 
interchanged. Elements of value to be considered include size, shape, 
location, physical attributes, functional utility, proximity of other 
similar sites, and amenities in the immediate environs of the parcel. 
Findings that tracts are approximately equal in value shall be 
documented. An applicant must signify acceptance of the value 
determination by signing the documented findings prior to the 
interchange.
    (b) Equal value in sale or exchange transactions shall be developed 
by recognized appraisal methods following Forest Service appraisal 
procedures and the Uniform Appraisal Standards for Federal Land 
Acquisition. The date of the value estimate will be current with the 
date of sale or exchange.

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    (c) Improvements to National Forest System land made by any persons 
other than the Government may be excluded from the property value 
determinations.



Sec. 254.43  Surveys.

    All necessary tract surveys of National Forest System land shall be 
conducted by a licensed private surveyor under Forest Service 
instructions, contracted by the person applying for the conveyance, or 
by a Forest Service surveyor. The person will also be required to have 
all Federal property boundaries resulting from a conveyance marked and 
posted to Forest Service standards.



Sec. 254.44  Document of conveyance.

    (a) Title to the United States may be conveyed by quitclaim or 
warranty deed. The United States will convey title only by quitclaim 
deed.
    (b) Deeds shall be free of terms, conditions, and convenants except 
those deemed necessary to ensure protection of the public interest.
    (c) A copy of all documents of conveyance will be transmitted after 
recordation, where applicable, to the appropriate State Office of the 
Bureau of Land Management.