The US Forest Service has issued its final regulation regarding its ability to sell small tracts owned by the federal government which fall into two categories. The categories are parcels 40 acres or less that are physically isolated, inaccessible, or have lost National Forest System character, and parcels 10 acres or less that are encroached on by a permanent habitable improvement for which there is no evidence that the encroachment was intentional or negligent.
As the agency notes:
the Small Tracts Act (16 U.S.C. 521c-521i), was enacted in 1983 to help the Forest Service resolve land disputes and boundary management problems for parcels that generally were small in scale (less than ten acres) with land values that did not exceed $150,000. Eligible lands for sale, exchange, or interchange included National Forest System lands encumbered by an encroachment like a house or fence; roads or road rights-of-way in excess of Forest Service transportation needs; and ‘‘mineral survey fractions,’’ or small parcels of National Forest System lands interspersed with or adjacent to lands transferred out of Federal ownership under mining laws.
If you have any questions about the Small Tracts Act or are interested in purchasing a government parcel pursuant to its authority, please contact us.