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Current as of October 02, 2022 | Updated by FindLaw Staff
(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.
Cite this article: FindLaw.com - Code of Federal Regulations Title 36. Parks, Forests, and Public Property § 36.254.36 Determining public interest - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-36-parks-forests-and-public-property/cfr-sect-36-254-36.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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