§ 254.31. Definitions.
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/us/cfr/t36/s§ 254.31·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For the purpose of this subpart, An applicant is a person who occupies or has improvements on National Forest System land under claim of title or color of title, or who owns land abutting or underlying a road right-of-way, or who owns land interspersed with or adjacent to mineral survey fractions. Approximately equal value is a comparative estimate of value of lands involved in an interchange where elements of value, such as physical characteristics and other amenities, are readily apparent and substantially similar.
Claim of title is a claim of land as a person's own, based on any reasonable evidence which establishes the person's actual use of the land as though the person had full title thereto from the time the person obtained ownership of abutting land. Color of title arises from an instrument purporting to convey title to a tract of land. Encroachments are improvements occupied or used on National Forest System land under claim of title or color of title. Exchange is a discretionary, voluntary transaction involving mutual transfers of land or interests in land between the Secretary of Agriculture acting by and through the Forest Service and a nonfederal entity.
Good faith is honesty of intention and freedom from knowledge of circumstances which ought to put a prudent person upon inquiry. Improvements mean an addition to property costing labor or capital which affects its value. The term generally includes fixtures, structures and attendant facilities, or buildings. Interchange is a land transfer in which the Secretary and another person exchange lands or interests in lands of approximately equal value without a formal appraisal. Mineral survey fractions are small parcels of National Forest System lands interspersed with or adjacent to lands transferred out of Federal ownership under the mining laws.
Permanent Habitable Improvement means a dwelling, improvement, house, or other structure presently being used as a residence or domicile for a lasting or indefinite period of time. Person includes any nonfederal entity such as a State or any political subdivision as well as any individual or business entity. Secretary refers to the Secretary of the United States Department of Agriculture. \[49 FR 1185, Jan. 10, 1984, as amended at 85 FR 60916, Sept. 29, 2020\]