FY2010 Proposed Disposals under the Federal Land Transaction Facilitation Act
In Reply Refer To:
2200/2710/2720 P
(NV-930)
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Nevada State Office
P.O. Box 12000 (1340 Financial Blvd.)
Reno, Nevada 89520-0006
http://www.blm.gov/nv/st/en.html
September 17, 2009
EMS TRANSMISSION 09/17/2009
Instruction Memorandum No. NV-2009-054
Expires: 9/30/2010
To: District Managers, Nevada
From: State Director, Nevada
Subject: FY2010 Proposed Disposals under the Federal Land Transaction Facilitation Act
DD: October 23, 2009
The Federal Land Transaction Facilitation Act of 2000 (P.L. 106-248) (FLTFA) provides authority for the use of receipts from disposal actions under the Federal Land Policy and Management Act (FLPMA) to fund administrative and other expenses necessary to carry out the land disposal program and may be used for qualifying acquisitions. Although the FLTFA is scheduled to expire July 25, 2010, current indications strongly suggest that it will be reauthorized. Thus, we will continue to process land disposal actions under the FLTFA, which includes sales under Section 203 of FLPMA, exchanges under Section 206 of FLPMA, and mineral conveyances under Section 209 of FLPMA. The FLTFA further limits the authority to utilize the receipts from the disposal of public lands to those lands identified for disposal in an approved land use plan (Resource Management Plan or Management Framework Plan) as of July 25, 2000.
Sales, mineral conveyances and exchanges will continue to be processed under FLPMA, the applicable regulations, and policies, guidance, and direction in BLM Manuals and Instruction Memoranda. An amount not to exceed 20 percent of the receipts deposited into the accounts established in the Federal Land Disposal Account by the FLTFA may be used to fund administrative expenses for disposal actions under subactivity 5874. The use of FLTFA funds in subactivity 5874 must be approved by the Nevada State Leadership Team (SLT) and the WO.
This Nevada Instruction Memorandum (IM) is issued for purposes of updating Nevada BLM policy issued under NV-IM-2006-003 (January 2006) and providing the opportunity for Nevada District Offices (DO) to request the FLTFA 5874 funds in support of the land disposal program. Attachment 1, lists the Nevada Policy and Nomination Criteria under the FLTFA Program. Attachment 2 lists the information that should be included in a nomination package for FLTFA funding. Attachment 3 is a list of the disposal projects with SLT approval to date, and their project codes. Attachment 4 lists all SLT approved FLTFA disposals.
With issuance of this IM, the DO’s should confirm the continuation of SLT-approved sales or termination of incomplete sales. Please refer to the SLT-approved FLTFA disposals as shown in Attachment 4 in making such determinations. Numerous previously approved sale nominations have languished and the DO’s are encouraged to complete the processing and offering of these lands for sale. Future FLTFA eligible land acquisitions are directly dependent upon successful FLTFA sales. From every indication available, funds for future acquisition nominations are expected to become more limited.
Emphasis should be placed on those nominations which have a high probability of selling and generating high revenue. Funds in the 5874 account are pooled nationally and due to declining nominations and subsiding sales, available funds may be tight in FY2010. Nominations will be judged more critically if available funds require rationing.
Funding requests for newly proposed FLTFA disposal projects or additional funding needs for SLT-approved sales shall be submitted to Fred Slagle in the Carson City District Office (NV-030) not later than October 23, 2009.
In Nevada, the FLTFA is not applicable to lands eligible for disposal under the Santini-Burton Act (P.L. 96-568), the Southern Nevada Public Land Management Act (SNPLMA) (P.L. 105-263), as amended by P. L. 106-113 and P.L. 107-282, and Ivanpah Valley Airport Public Lands Transfer Act (P.L. 106-362). The FLTFA-applicable lands identified within the Lincoln County Conservation, Recreation and Development Act of 2004 (P.L. 108-424) and White Pine Conservation, Recreation and Development Act (P.L. 109-432) are no longer eligible following approval of the Ely Resource Management Plan.
The prioritization criteria and process may be useful for prioritizing all disposal actions. Even if disposal projects are not being funded by 5874, DO’s should keep Fred Slagle at the Carson City District Office informed of all FLTFA-related projects and their status workload planning and budget projections. The unit of measurement used for disposal workload is acres.
If you have any questions regarding this policy, please direct them to Fred Slagle at 775-885-6115.
Please share this memorandum with your Field Managers and Realty Specialists.
Signed By:
Amy L. Lueders
Associate State Director
Authenticated By:
Ellyn Darrah
Administrative Assistant
Attachments:
1 – FLTFA Nevada Policy and Nomination Criteria (2 pp)
2 – FLTFA Land Disposal Nomination Package Requirements (3 pp)
3 – FLTFA Sales Summary Sheet (3 pp)
4 – SLT-approved FLTFA disposals