Bureau of Land Management’s Implementation of Federal Land Transaction Facilitation Act

Through the FLTFA, proceeds generated from the sale or exchange of public lands that are difficult and uneconomical for the BLM to manage may be properly dedicated to acquire inholdings and other land. To be eligible to receive FLTFA funds to process a land exchange, the exchange must produce a positive cash equalization payment. When referring to sales in this IM, it also includes exchanges with positive cash equalization payments to facilitate a more effective configuration of land ownership patterns that benefit the public interest. The FLTFA authorizes the BLM to allocate funds from the sale of public lands to the land acquisition activities of the four land managing agencies consisting of the BLM, Fish and Wildlife Service, National Park Service, and the U.S. Forest Service, and to administratively fund future BLM land sales.

Proceeds generated from these sale actions to purchase land from willing sellers enhances the ability of the Federal land management agencies to (a) work cooperatively with private landowners and State and local governments and (b) promote consolidation of the ownership of public and private lands in a manner that allows for better overall resource management. The BLM will implement the FLTFA to focus on the sale of select lands identified in a land use plan and use those proceeds to acquire lands with important conservation resources within congressionally and specially designated conservation areas, such as a national monument, area of critical environmental concern, national conservation area, national riparian conservation area, national scenic area, research natural area, and national outstanding natural area. The proceeds may also be used to acquire priority species habitat or to provide recreational access.

1. Interagency Implementation Agreement – Land Acquisitions

The BLM Headquarters Land Tenure (HQ350) team established an Interagency Implementation Agreement (Agreement) to define how the four agencies submit funding requests for land acquisition projects (see Attachment 1). Guidance on acquisitions and implementing provisions are found in the Agreement, which was fully executed on January 14, 2022. The Agreement is the policy for the management of a land acquisition program under the FLTFA. The Agreement sets out a framework for allocation and disbursement of acquisition funds as State Directors engage in opportunities to acquire important inholdings as defined in the FLTFA. State or Regional interagency agreements are not necessary for the successful implementation the FLTFA.

2. Requests for FLTFA Funds

State offices may request funding assistance at any time for pre-planning and execution of a land sale by submitting certain information to the BLM Headquarters Land Tenure Branch. The submission of a memorandum and supporting material will be through the Data Tracking System. The Assistant Director for Energy, Minerals, and Realty Management will make the funding decision.

Pre-exchange planning will include proof of positive cash equalization payment outcome. Pre- sale planning will include parcels already identified for disposal in land use plans, and parcels that may need to be included in plan amendment initiatives. For each parcel identified, state offices will need to specify which of the three criteria in Section 203 of FLPMA the parcel meets. Once a complete list of parcels is prepared, the pre-sale plan will be transmitted to HQ350 under the State Director’s signature and include a commitment by the line officer(s) to pursue subsequent land sales, if funded. The transmittal package will include a GIS shapefile depicting the parcels already identified as meeting the Section 203 disposal criteria in a resource management plan and parcels where plan amendments are needed to specify which disposal criteria they might meet.

All requests for FLTFA funding for proposed land sales must:

• be identified for disposal in a land use plan (Section 202 of FLPMA) or propose a plan amendment along with the sale;
• meet the disposal criteria in Section 203 and 209 of FLPMA; and
• have a market (community interest, individuals, corporations, or municipalities have expressed interest).

Requests for funding to process a land sale must include the scope, schedule, and cost estimate to conduct the sale (See Attachment 2). A memorandum transmitted to HQ350 under the State Director’s signature must include Attachment 2 and describe the proposed action, reference the respective land use plan, market conditions (i.e., is there known interest), etc. FLTFA funding for preparation of a land sale can be used for employee labor, contract services, temporary hires, or other uses required to complete the land sale. Land sales directed by special legislation may qualify for funding under FLTFA if the sales proceeds are deposited into the FLTFA account.

The parcels being processed for sale which meet the requirements of the FLTFA must be serialized as a land sale case record in Legacy Rehost System 2000 with an Action Code 090 – FLTFA Eligible, or any successor system, using the appropriate code. The land description of the parcels identified for sale needs to be based on a Standards for Boundary Evidence certificate(s).

3. On-line Auction Procedures

Competitive sales procedures in 43 CFR 2711.3-1 specify sales to be offered as “sealed bids” and “oral bids” and do not explicitly authorize or prohibit non-physical or online auction procedures. Unlike the competitive bidding regulation, the modified bidding regulation provides the BLM with considerable flexibility to conduct a land sale using various procedures based on sound public policy considerations. In particular, the modified bidding regulation at 43 CFR 2711.3-2(a) authorizes the BLM to conduct land sales using modified competitive bidding procedures so long as the “authorized officer determines it is necessary in order to assure equitable distribution of land among purchasers or to recognize equitable considerations or public policies.” BLM offices planning to conduct non-physical or online auction procedures must follow their local current policy.

4. Collections and Expenditures

The National Operations Center has established budget codes necessary for implementation of the FLTFA. A detailed explanation of all budget codes is provided in Attachments 3 and 4.

All proceeds collected since March 24, 2018 from land sales and cash equalization payments from land exchanges must be collected into the FLTFA accounts, unless the sale or other land tenure transaction is completed under some other special authority (i.e., Southern Nevada Policy Land Management Act).

Administrative funds approved for pre-sale planning or land sale processing will be deposited for the respective state offices into subactivity L587E0000 along with an appropriate WBS: one for pre-sale planning and one for land sale processing (see Attachment 3). The delegated authorized officer will be responsible for monitoring those expenditures relative to the actions.