[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: 36CFR254.31]

[Page 312]
 
              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.  254.31  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.
    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.