[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR254.1]

[Page 297-298]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 254_LANDOWNERSHIP ADJUSTMENTS--Table of Contents
 
                        Subpart A_Land Exchanges
 
Sec.  254.1  Scope and applicability.




                        Subpart A_Land Exchanges

Sec.  
254.1 Scope and applicability.
254.2 Definitions.
254.3 Requirements.
254.4 Agreement to initiate an exchange.
254.5 Assembled land exchanges.
254.6 Segregative effect.
254.7 Assumption of costs.
254.8 Notice of exchange proposal.
254.9 Appraisals.
254.10 Bargaining; arbitration.
254.11 Exchanges at approximately equal value.
254.12 Value equalization; cash equalization waiver.
254.13 Approval of exchanges; notice of decision.
254.14 Exchange agreement.
254.15 Title standards.
254.16 Case closing.
254.17 Information requirements.

                   Subpart B_National Forest Townsites

254.20 Purpose and scope.
254.21 Applications.
254.22 Designation and public notice.
254.23 Studies, assessments, and approval.
254.24 Conveyance.
254.25 Survey.
254.26 Appraisal.

                  Subpart C_Conveyance of Small Tracts

254.30 Purpose.
254.31 Definitions.

[[Page 298]]

254.32 Encroachments.
254.33 Road rights-of-way.
254.34 Mineral survey fractions.
254.35 Limitations.
254.36 Determining public interest.
254.37-254.39 [Reserved]
254.40 Applications.
254.41 Public sale or exchange in absence of application.
254.42 Valuation of tracts.
254.43 Surveys.
254.44 Document of conveyance.


    Authority: 7 U.S.C. 428a(a) and 1011; 16 U.S.C. 484a, 485, 486, 516, 
551, and 555a; 43 U.S.C. 1701, 1715, 1716, and 1740; and other 
applicable laws.

    Source: 59 FR 10867, Mar. 8, 1994, unless otherwise noted.


    (a) These rules set forth the procedures for conducting exchanges of 
National Forest System lands. The procedures in these rules may be 
supplemented by instructions issued to Forest Service officers in 
Chapter 5400 of the Forest Service Manual and Forest Service Handbooks 
5409.12 and 5409.13.
    (b) These rules apply to all National Forest System exchanges of 
land or interests in land, including but not limited to minerals, water 
rights, and timber, except those exchanges made under the authority of 
Small Tracts Act of January 12, 1983 (16 U.S.C. 521c-521i) (36 CFR part 
254, subpart C), and as otherwise noted. These rules also apply to other 
methods of acquisition, where indicated.
    (c) The application of these rules to exchanges made under the 
authority of the Alaska Native Claims Settlement Act, as amended (43 
U.S.C. 1621), or the Alaska National Interest Lands Conservation Act (16 
U.S.C. 3192), shall be limited to those provisions which do not conflict 
with the provisions of these Acts.
    (d) Unless the parties to an exchange otherwise agree, land 
exchanges for which the parties have agreed in writing to initiate prior 
to April 7, 1994, will proceed in accordance with the rules and 
regulations in effect at the time of the agreement.
    (e) Except for exchanges requiring cash equalization payments made 
available through the Land and Water Conservation Act of 1965, as 
amended (16 U.S.C. 460[1]9), the boundaries of a national forest are 
automatically extended to encompass lands acquired under the Weeks Act 
of March 1, 1911, as amended (16 U.S.C. 516), provided the acquired 
lands are contiguous to existing national forest boundaries and total no 
more than 3,000 acres in each exchange.
    (f) Exchanges under the Weeks Act of March 1, 1911, or the General 
Exchange Act of March 20, 1922, may involve land-for-timber (non-Federal 
land exchanged for the rights to Federal timber), or timber-for-land 
(the exchange of the rights to non-Federal timber for Federal land), or 
tripartite land-for-timber (non-Federal land exchanged for the rights to 
Federal timber cut by a third party in behalf of the exchange parties).
    (g) Land exchanges involving National Forest System lands are 
authorized by a number of statutes, depending upon the status 
(conditions of ownership) of such lands and the purpose for which an 
exchange is to be made. The status of National Forest System land is 
determined by the method by which the land or interests therein became 
part of the National Forest System. Unless otherwise provided by law, 
lands acquired by the United States in exchanges assume the same status 
as the Federal lands conveyed.
    (h) The Federal Land Policy and Management Act of 1976, as amended 
(43 U.S.C. 1701), is supplemental to all applicable exchange laws, 
except the cash equalization provisions of the Sisk Act of December 4, 
1967, as amended (16 U.S.C. 484a).