U.S. DEPARTMENT OF THE INTERIORBUREAU OF LAND MANAGEMENT
|Procedural Requirements for Land Sales|
Following is a list of the procedural requirements that BLM must follow to complete a land sale:
Consistency with Land Use Planning:
BLM must confirm that the lands being considered for sale have been identified as potentially suitable for disposal in an approved land use plan or plan amendment. If the lands have not been identified for potential disposal in an existing land use plan, BLM has the discretion of completing a plan amendment to assess and determine if disposal of the land would be in the public interest.
BLM must conduct inventories of the property to determine if any significant resources are present, including but not limited to cultural resources, federally listed or sensitive plant and animal species and/or critical habitat, riparian areas, etc. Inventories must also be completed to assess outstanding third party rights and to confirm that there are no hazardous materials or other liabilities on or associated with the property.
BLM must assess the mineral values associated with the lands to be sold. If there are no known mineral values in the land, the mineral estate will be conveyed concurrently with the surface estate. If any mineral values are found to exist, those mineral interests will be reserved to the United States when the property is sold.
BLM must coordinate disposal actions with the appropriate state and local governmental entities, authorized users, adjoining land owners, and other parties expressing an interest in the action. In most cases, this coordination occurs at the beginning stages of a proposed land disposal action, and again at the conclusion when the Notice of Realty Action (see below) is published.
Using the information obtained through inventory of the property and through coordination with local governments, authorized users, adjoining land owners, and interested parties, BLM completes an analysis to assess the potential impacts of the proposed disposal action. If the analysis concludes that disposal of the land would result in impacts to resources and/or existing uses that can not be properly mitigated, the lands would likely be made unavailable for sale.
Appraisal of Property:
BLM must have the property to be sold appraised by a qualified appraiser to determine the market value of the property. The appraisal must then be reviewed and approved by the Department of Interior's Appraisal Services Directorate. The minimum acceptable bid amount for a parcel of land will be established by the approved appraisal.
Notice of Realty Action:
BLM must provide notice of the proposed sale action to the U.S. Senate and members of the House of Representatives, the Governor, the State Land Agencies, the County Commissioners, adjoining land owners, authorized users, and to other known interested parties. Notice of the proposed sale will be published in the Federal Register and in a newspaper in general circulation in the area where the lands to be sold are located, at least 60 days in advance of the sale action. Each notice will provide specific information on the land sale.
|Last updated: 03-04-2011|
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