[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: 36CFR254.23]

[Page 363-364]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 254_LANDOWNERSHIP ADJUSTMENTS--Table of Contents
 
                   Subpart B_National Forest Townsites
 
Sec. 254.23  Studies, assessments, and approval.

    (a) After initial public notice has been published, a Forest Service 
official must conduct the necessary studies and assessments to--
    (1) Determine if the applicant has made a satisfactory showing that 
the land will meet essential community needs resulting from internal 
growth;
    (2) Determine if lands applied for would serve indigenous community 
objectives that outweigh other public objectives and values which would 
be served by maintaining such a tract in Federal ownership;
    (3) Determine if the sale would substantially affect or impair 
important

[[Page 364]]

scenic, wildlife, environmental, historical, archeological, or cultural 
values;
    (4) Evaluate the applicability of public comments;
    (5) Identify the extent of valid existing rights and uses; and
    (6) Determine if zoning ordinances, covenants, or standards are 
needed to protect adjacent National Forest land and to protect or 
mitigate valid existing rights and uses.
    (b) Upon approval, the authorized Forest Service official shall take 
appropriate steps to have an assessment made of the fair market value of 
the land and process the conveyance pursuant to Sec. Sec. 254.24, 
254.25, and 254.26.
    (c) Upon disapproval, a Forest Service official shall--
    (1) Notify the applicant in writing of the reasons the proposal is 
not acceptable;
    (2) Inform the applicant of alternate proposals under other 
authorities and/or appeal rights.