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<br />Saturday, February 20, 1965
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<br />and the convenience of the using pubUc,
<br />or
<br />(2) Provide an adequate area for en.
<br />Joyment of recreational pursuits by the
<br />general public.
<br />(g) Timber production. Timber pro-
<br />duction involves the protection, use, and
<br />development of forest and woodland
<br />areas and the management of these areas
<br />to reallze the sustaIned Yield of their
<br />various products, pursuant to such laws
<br />as the Materials Act (30 U.S.C. 601 et
<br />seq,). Public lands may be retained and
<br />managed for mUltiple use if 8uch reten-
<br />tion wUl-
<br />(1) Stabilize the lumber Industry de-
<br />pendent upon sales from pUblicly owned
<br />timber stands, or
<br />(2) Assure e1fecUve and economical
<br />administration of timber stands which
<br />are on public lands.
<br />(h) Watershed 'PTotection. Watershed
<br />protection involves a combination ot
<br />complementary practices of land treat-
<br />ment and structural works to maintain
<br />or improve total yield, quality, stab1lit.y
<br />of flow of surface and subsurface water,
<br />and, pursuant. to such laws as the SoU
<br />and Moisture Consenration Act 06
<br />U.S.C. 590a) and the Taylor Grazing Act
<br />(43 U.S.C. 315-315r), prevention of dam-
<br />age and loss due to excessive and uncon-
<br />trolled runofl', flooding, salinatJon, and
<br />siltation. Publlc lands may be retained
<br />and managed "for multiple use if such
<br />retention wUl-
<br />(1) Insure intel18lve watershed man-
<br />agement and treatment to mlt.lgate
<br />downstream losses due to excessive flood-
<br />ing and siltation, or
<br />(2) Insure production of waterfiow for
<br />downstream purposes, such as Irrigation,
<br />mWllcipal water supply, and other pub-
<br />lic uses, or
<br />(3) "Insure rehabilitation and limited
<br />Use to correct past soil and watershed
<br />damage and to prevent future abuse to
<br />highly erodable lands.
<br />(1) Wilderness preservation. Wilder-
<br />ness presenra.t1on Involves the preserva-
<br />tion of areas in a roadless and primitive
<br />condition. Publ1c lands may be retained
<br />for multiple use management if they-
<br />(1) Have wUdemess characteristics of
<br />sufficient character as to warrant their
<br />consideration by the Congress for addI-
<br />tion to the National Wilderness Preser-
<br />vation System (78 Stat. 890, 16 U.S.C.
<br />1131-36). or other suitable administra-
<br />tion.
<br />(j) Preservation 01 publiC values that
<br />would be lost il the land passed Irom
<br />Federal ownership; Lands may be classi-
<br />fied for retention for multiple use man-
<br />agement including preservation of publ1c
<br />values that would be lost Lf the land
<br />passed from Federal ownershtp, If one or
<br />more of the following situations exist:
<br />(I) The lands are needed to protect
<br />or enhance established Federal programs,
<br />by such means as prOVision of buIJer
<br />zones, control of access, maintenance of
<br />water supplies, reduction and prevention
<br />of water pollution, exclusion ot noncon-
<br />forming inholdings, maintenance of em:'
<br />cient management areas, provision of
<br />research areas, and maintenance of mil-
<br />itary areas or sites for other government
<br />actiVities.
<br />(2) The Jands should be maintained in
<br />a st.atus quo pending execution of Federal
<br />
<br />FEDERAL REGISTER
<br />
<br />executive programs, or enactment of
<br />Federal legislation. which would a1fect
<br />them.
<br />(3) The lands should be maintained in
<br />a status quo pending their acquisition by
<br />a State or local government.
<br />(4) The lands should be maintained in
<br />a status QUO because policy, authority,
<br />funds or procedures are lacking to deal
<br />with them adequately in the public
<br />Interest.
<br />(5) The lands are best suited for mul-
<br />tiple use management and require man-
<br />agement for a mixture of uses tn order
<br />to best benefit the community, and such
<br />management could not be achieved if
<br />the lands were in private ownership.
<br />(6) The la.nds contain scientific or his-
<br />torical values which would be lost 1! they
<br />were t.ransferred out of Federal owner-
<br />ship,
<br />
<br />62410.1-3 Disposal clallsification cri-
<br />teria.
<br />
<br />In addJtion to the general criteria in
<br />t 2410.1-1 the follOWing criteria will goV-
<br />em classifications for disposal. The
<br />criteria are set forth In terms of land
<br />use classes. Where appropriate, the ap~
<br />plicability of spec1fJ.c disposal laws to
<br />lands in each use class is discussed.
<br />(a) General criteria for disposal clas~
<br />sification. The general approach to de-
<br />termine the act W1der which lands are to
<br />be classified and disposed of is as follows:
<br />(1) Consideration under criteria listed
<br />in this part wW first be given to whether
<br />the lands can be classified for retention
<br />for multiple use management, for d.is-
<br />posal, or for both. If, under these cri-
<br />teria, they could be classlfJed for both. the
<br />principles of G 2410.1-1 (b) will be applied.
<br />(2) If the lands are found to be un-
<br />suited for retention for multiple use
<br />management, consideration under the
<br />criteria of this part w1l1 be given to
<br />whether the lands are needed for the
<br />orderly growth and development of a
<br />community or whether they are chlefiy
<br />valuable for other U6e. Lands tound to
<br />be valuable for public uses or develop~
<br />ment will be considered chieflY valuable
<br />for public uses or development, except in
<br />situations where alternate sites are avail-
<br />able to meet the public use or develop-
<br />ment needs involved, at least to the year
<br />2000 A.D. Also, lands which may be clas-
<br />sifted as chiefly valuable tor one of the
<br />other uses referred to in listing (a) (2) of
<br />subsection 1 (8) of the Classification and
<br />Multiple Use Act of September 19, 1964
<br />(78 Stat, 988, 43 U,S,C, 1411-18) may.
<br />where appropriate, also be classlfled as
<br />needed for the orderly growth and de-
<br />velopment of a community. When lands
<br />are determined to be valuable for more
<br />than one of such uses (other than pUblic
<br />uses or development) they will be classi-
<br />fied as chiefty valuable for their "highest
<br />and best. uses", i.e., their most profitable
<br />legal use in private ownership.
<br />(3) After it Is found that the lands are
<br />needed for the orderly growth and de~
<br />ve!opment of a community or are chiefl.y
<br />valuable tor residential. commercial.
<br />agricultural. Industrial, or public uses or
<br />development, consideration will be given
<br />to the criteria which follow to determine
<br />under what law or laws the lands will be
<br />classified and disposed of. An Important
<br />consideratlon for this purpose will be
<br />whether local zoning oftlc1als have sufll-
<br />
<br />)
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<br />2389
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<br />dent authority to prescribe the terms
<br />and conditions for all uses of private
<br />lands in the area and to enforce those
<br />terms and conditions, irrespective of
<br />whether or not the zoning officials actu-
<br />ally have exercised their authority.
<br />(b) Additional criteria for classifica-
<br />tion 01 lands required for the orderly
<br />growth and development 01 a communitlf.
<br />(1) To be required for the orderly growth
<br />and development of a community, It must
<br />be antIcipated that the community will
<br />expand to embrace the lands within 15
<br />years.
<br />(2) Lands determined to be required
<br />for the orderlY growth and development
<br />of a community may be classlfl.ed for
<br />sale pursuant to the PUblic Land Sale
<br />Act 01 September 19, 1964 (78 Stat, 988.
<br />43 U,S,C, 1421-27), il (i) zoning regu-
<br />latIons are in effect and ell) local gov-
<br />ernmental master plans have been
<br />adopted.
<br />(3) Lands determined to be requlred
<br />for the orderlY growth and development
<br />of a community may be classified for
<br />disposal under any appropriate law other
<br />than U~e Publlc Land .Gale Act of Sep-
<br />tember 19. 1964 (78 Stat, 988. 43 U's,C,
<br />1421-27) ,If the disposal under such other
<br />authorIty would be consistent with local
<br />master plans, or In the absence of such
<br />plans, with the views of local govern-
<br />mental authorIties.
<br />(4) Where alternatives are avallable,
<br />U1e authorized officer will select that
<br />course of action which wlll promote the
<br />orderly growtJ1 and development of the
<br />community. considering all the factors
<br />Involved in each particular situation.
<br />(c) Additional criteria fOT classiftca-
<br />tion 01 lands valuable for public uses or
<br />development. (1) To be valuable for
<br />public uses or development, lands must
<br />be suitable for use by a State or local
<br />governmental entity or agency for some
<br />governmental (as compared to commer-
<br />cial or industrial) program or suitable
<br />for use by a non-profit organization for
<br />some public purpose or suitable for trans~
<br />fer to a non-Federal1nterest in a trans~
<br />actton which will benefit a Federal, State,
<br />or local governmental program.
<br />(2) Lands found to be chiefly valuable
<br />for public uses or development may be
<br />classified for sale pursuant to the Pub-
<br />lic Land Sale Act of September 19, 1964
<br />(78 Stat, 988. 43 U,S,C, 1421-27>, or lor
<br />transfer In satisfaction of a State land
<br />grant or for transfer to a State or local
<br />governmental agency In exchange for
<br />other property or for transfer to a gov-
<br />ernmental agency under any other act
<br />of Congress, if (1) the proposed public
<br />uses or development Include profit activi-
<br />ties or It the interested, Q.ualified govern-
<br />mental agency and the authorized omcer
<br />agree that there is no need for perpetual
<br />dedication of the lands to public uses
<br />required by the Recreation and Public
<br />Purposes Act (44 Stat. 741), as amended
<br />(43 U.S.C. 869-869-4), and (ii) In the
<br />case of sales under said 1964 act, zoning
<br />regulations exist in the area in which the
<br />lands are located.
<br />(3) Lands found to be chiefly valuable
<br />for public uses or development will or-
<br />dinarily be classified for disposItion un-
<br />der the Recreation and PUblic Purposes
<br />Act (44 Stat 741), as amended (43 U's,C.
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