36 C.F.R. § 254.35

Limitations

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(a) Lands within the National Wilderness Preservation System, the National Wild and Scenic Rivers System, the National Trails System, and National Monuments are excluded from any conveyance under these provisions.

(b) Lands within National Recreation Areas may not be conveyed by sale under this subpart.

(d) Compensation for lands conveyed shall be of at least equal value, or in the case of interchange, of approximately equal value, and may be in the form of land, interest in land (including minerals), or cash, or any combination thereof.

(e) The sale, exchange, or interchange of lands or interest in lands under these rules are discretionary and shall be made only if found to be in the public interest.

(f) The abutting landowner(s) shall have the first right of acquisition.

(g) The area of land conveyed shall be limited to the minimum necessary to resolve encroachment or land management problems.

[49 FR 1185, Jan. 10, 1984; 49 FR 2762, Jan. 23, 1984, as amended at 85 FR 8181, Feb. 13, 2020]

Notes of Decisions

Cited in 2 cases (2 in the last 5 years), 2024–2025 · leading case: Johnson v. USA (9th Cir. 2025).

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Johnson v. USA (9th Cir. 2025). · cites it 6× “” 36 C.F.R. § 254.35 (e). * The Honorable D.”

Charley E Johnson Revocable Living Trust v. United States of Am. (D. Ariz. 2024). · cites it 2× “under these rules are discretionary,” 36 C.F.R. § 254.35 (e). 23 Defendants are correct that the statute grants the Secretary discretion to determine 24 when to transfer land, but that discretion is not unfettered.”

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