Overview of the Federal Land Transaction Facilitation Act (FLTFA) (P.L. 106-248)
Sales: The Secretary of the Interior is authorized to sell or exchange public lands nationwide under the Federal Land Policy and Management Act of 1976. The FLTFA authorizes the proceeds generated from the sale or exchange of public lands, identified for disposal in an approved land use plan in effect on July 25, 2000, to be dedicated to the acquisition of certain lands and for expenses necessary to carry out disposals under the FLTFA.
In Nevada, the FLTFA does not apply to lands eligible for sale under the Southern Nevada Public Land Management Act, Santini-Burton Act, Mesquite Lands Act, or Lincoln County Lands Act.
NOTE: Public lands identified for disposal after July 25, 2000, in a land use plan or plan amendment may be considered for sale or exchange, but the proceeds generated are not eligible for deposit under the FLTFA, nor can FLTFA funds be utilized to process such sales or exchanges.
Distribution of proceeds from sales and exchanges:
-4% to the State in which the funds were generated for educational purposes or for the construction of public roads;
-96% to the Federal Land Disposal Account.
All funds deposited into the Federal Land Disposal Account may be used as follows:
-Not less that 80% shall be used for acquisition of lands that are inholdings within certain Federally-designated areas, or lands adjacent to Federally-designated areas and containing exceptional resources (click here to see more information on these definitions). Definitions are located in Sec. 203 of the law.
-Of the funds allocated for acquisitions, not less than 80% shall be expended in the same State in which the funds were generated. Up to 20% may be expended in any other State.
-Up to 20% may be used for administrative and other expenses necessary to carry out the land disposal program under the FLTFA. The disbursement of funds from the Federal Land Disposal Account in Nevada is governed by the state-level Implementation Agreement. This Agreement was developed by the SNPLMA/FLTFA Partners Working Group and the SNPLMA/FLTFA Executive Committee. All allocations of funds for acquisitions must be approved by the Secretary of the Interior and the Secretary of Agriculture.
The Secretary of the Interior and the Secretary of Agriculture shall:
Establish a program to identify and prioritize, by State, the acquisition of inholdings and lands with exceptional resources for which the landowner has indicated an interest to sell to the United States.
Provide public notice in the Federal Register and by other appropriate means of the procedures to identify and prioritize acquisitions. In Nevada, this Federal Register notice was published on August 10, 2004.
Any acquisition shall be from a willing seller, and identification or prioritization of a parcel does not create any obligation by a landowner to convey the property or by the United States to acquire the property.
Termination: The authority to deposit or expend proceeds under the FLTFA shall terminate 10 years after the date of enactment, or July 24, 2010.