[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: 36CFR254.36]

[Page 366]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 254_LANDOWNERSHIP ADJUSTMENTS--Table of Contents
 
                  Subpart C_Conveyance of Small Tracts
 
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.