§ 281.1

Land subject to disposal.

Only lands acquired by the United States pursuant to the aforesaid act of March 1, 1911, as amended, or lands which are by statute subject to laws and regulations applicable to lands acquired under said law are subject to disposal under the regulations prescribed in §§ 281.1 to 281.13. Tracts or parcels of land to be sold under said sections must meet the following conditions: (a) Contain 80 acres or less in area; (b) be chiefly valuable for agricultural purposes; (c) be accessible to community facilities and so located that use and development for agriculture will not unduly increase the cost of publicly financed facilities or services; (d) be so situated and of such topographic and soil types and characteristics that agricultural use under agricultural methods and practices common in the area will not result in damaging soil erosion or materially increase surface runoff of rainfall from the tract or increase siltation of streams; (e) are not needed for public purposes; and (f) use for agricultural purposes will not be contrary to local or state zoning ordinances or other land use restrictions.

§ 281.2 Responsibility for examination, appraisal and sale.

The Forest Service, Department of Agriculture, will have primary responsibility for the examination, appraisal,

and sale of lands subject to disposal under § 281.1. The Forest Service is authorized to request other bureaus of the two Departments concerned to render advice and assistance in determining the suitability of lands for agricultural development, in appraisal of lands, or in other matters in which such bureaus can render expert assistance.

§ 281.3 Applicants.

An applicant for purchase of lands designated in § 281.1 must be a bona fide resident of the general locality in which the lands are situated and engaged in agriculture, or must give satisfactory evidence of intent to become an actual settler in the locality for farming purposes. An applicant must be 21 years of age or over, or if under the age of 21 years the head of a family, and a citizen of the United States or have declared intentions of becoming a citizen.

§ 281.4 Applications.

Applications may be filed with the Forest Ranger who administers the lands or the Forest Supervisor or other administering official of the national forest or purchase unit wherein the lands are situated. Each application must include as precise a description of the lands desired as possible, and in such detail as will permit their location on the ground by examining officers. The applicant must furnish evidence satisfactory to the Forest Service that he can comply with the requirements and specifications of § 281.3 and that he will use the lands, if he acquires them, for agricultural purposes. His name and address must be clearly set forth.

§ 281.5 Examination and appraisal.

Upon receipt of an application meeting the requirements of § 281.4, the Forest Service will examine the land applied for and will determine if it properly may be sold under the applicable law and part 281 of this chapter. If the decision is that it should not be sold, the applicant will be so notified, with reasons for the decision. If it is determined that the land properly may be sold, the necessary appraisal will be made to determine its true value.

§ 281.6 Sale without application.

Lands within the purview of this part may be offered for sale without application by the Forest Service. Sales pur

suant to this section will be accomplished in accordance with and subject to the provisions of §§ 281.7 to 281.13.

§ 281.7 Values.

Lands will be appraised on the basis of market value under conditions current at the time of appraisal.

§ 281.8 Sale procedure.

(a) Notice of sale of lands found qualified for sale under § 281.1, upon application or otherwise, will be published by the Forest Service once each week for three consecutive weeks in a publication of general circulation in the county wherein the lands are situated, and a similar notice will be sent by regular mail to the applicant, if any and to any other persons known to be interested. Such notice may be published in newspapers circulating in adjoining counties to the extent desirable to give adequate public notice. The notice shall describe the lands to be sold, shall state the minimum acceptable price, which shall be the appraised value of the lands, any conditions of sale or proposed reservations; the deposit, required to be furnished with the bid, and shall prescribe the date by which sealed bids must be received or the date on which a sale through oral bids will be held and the Forest Service office to which bids shall be sent or at which the sale will take place. The published notice will also set forth the qualifications which bidders must meet in accordance with § 281.3.

(b) The Forest Service may invite sealed bids or provide for sale through oral bids. Sealed bids must be accompanied by evidence that bidder can meet the provisions of § 281.3 and like evidence must be shown if sale is by oral bid. Sealed bids also must be accompanied by money order or certified or cashier's check for 25 percent of the amount bid, such deposit to be returned if the bid is rejected or retained and applied on the purchase price if the bid is accepted. Award of sale through oral bid will be conditioned upon deposit by the highest bidder of 25 percent of the bid price.

(c) Lands will be sold to the highest bidder qualified under the law and the provisions of this part, but at not less than the appraised value: Provided, That any person who at time of sale has

under a valid permit from the Forest Service used for agricultural purposes the lands being sold for at least 12 months shall for 30 days after the date of the sale have the privilege of meeting the highest bid and of purchasing the land at such bid price. Where lands subject to a special use permit for agricultural purposes, as above, are sold the concerned permittee, if not the high bidder, shall be notified promptly of the sale and of his privileges, and sale to the high bidder shall be held in abeyance for the requisite period of time. § 281.9 Conveyances.

Conveyance of the land shall be by quitclaim deed which will be executed by the Chief or Acting Chief of the Forest Service.

§ 281.10 Reservations, exceptions, conditions, and outstanding rights.

The deed of conveyance may reserve to the United States such timber, minerals, easements, or rights of use as the Forest Service may find necessary or desirable in the public interest and may be subject to such special conditions as may be necessary to protect the national forest. Lands subject to mineral leases granted by the United States will be sold subject to such leases and to reservations or conditions necessary to protect the interests of the lessee and the United States, including a reservation to the United States of all rents, royalties, or other income to be paid under such lease. Deeds shall set forth any exceptions or outstanding rights to which the lands are subject and of which the Forest Service has knowledge.

§ 281.11 Payment for land.

Payment of the full purchase price will be required before or upon delivery of the deed from the United States. The purchaser will be notified by letter when the deed is available for delivery to him and will be allowed 60 days from receipt of such notice within which to tender the purchase price and receive the deed. If payment is not made within the specified period the sale will be cancelled and the purchaser so notified. § 281.12 Appeals.

Applicants shall have the right to

appeal from decisions under this part. Appeals must be in writing and must be filed with the official rendering the decision within thirty days of the receipt by the applicant of the decision from which the appeal is taken. The decision of the Secretary of Agriculture thereon shall be final.

§ 281.13

Delegation of authority.

The Chief or Acting Chief, Forest Service, is authorized to prescribe such supplemental procedures and conditions or delegate such functions or authority as may be necessary or desirable to carry out the regulations prescribed in §§ 281.1 to 281.13.

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Public use of certain reservoir areas.

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