---
kind: "section"
citation: "36 C.F.R. § 254.36"
title: "36"
number: "254.36"
heading: "Determining public interest."
url: "https://uscodex.org/cfr/36/254.36"
---

# §254.36. Determining public interest.

- (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.

## Notes

### Amendments

[49 FR 1185, Jan. 10, 1984, as amended at 85 FR 8181, Feb. 13, 2020]

### Authority

Authority: Pub. L. 97-465; 96 Stat. 2535.

### Source

Source: 49 FR 1185, Jan. 10, 1984, unless otherwise noted.

### Amendments

[49 FR 1185, Jan. 10, 1984, as amended at 85 FR 8181, Feb. 13, 2020]