Revisions to FSH 5509.11, Chapter 20- “Lands Title Claims, Sales, and Grants,” section 21-“Small Tracts Act Adjustments” are needed to implement direction in the 2018 Farm Bill, and these proposed changes are subject to public notice and comment requirements consistent with 36 CFR 216. Required regulatory changes have already been completed. The Forest Service is revising this directive to implement the Small Tracts Act, as required by the 2018 Farm Bill. These revisions implement the intent of the 2018 Farm Bill and related regulatory changes that updated land values established in the original Small Tracts Act, which dates back to 1983, increasing the value of lands the Agency can sell or exchange to keep up with increasing land values. Proceeds generated from eligible sales made under the Small Tracts Act may be deposited in a Sisk Act account, allowing the Agency to acquire lands that improve the health and productivity of National Forests while simultaneously disposing small, problematic parcels. Key changes being incorporated into the directive helps implement the following: The land value threshold for eligible parcels will increase to $500,000 from $150,000. A category is added for cemeteries, landfills, and sewer treatment plants authorized under a special use authorization or other authorization by the Secretary of Agriculture. A category is added for parcels 10 acres or less encroached upon by permanent, habitable improvements where there is no evidence the encroachment is intentional or negligent. A category is added for parcels 40 acres or less that are physically isolated, inaccessible, or lack National Forest characteristics. The Agency anticipates that the new authority will remain conservatively used and should not dramatically increase the number of conveyances.
The Forest Service values public participation. Communications from the public regarding this project, including commenters' names and contact information, will become part of the public record. Comments, including anonymous comments, will be accepted at any time. However, comments posted after the close of a designated comment period may not be able to be given full consideration.
Betty Jewett
