[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2710.0-6]

[Page 213-215]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2710_SALES: FEDERAL LAND POLICY AND MANAGEMENT ACT--Table of Contents
 
                 Subpart 2710_Sales: General Provisions
 
Sec. 2710.0-6  Policy.

    (a) Sales under this part shall be made only in implementation of an 
approved land use plan or analysis in accordance with part 1600 of this 
title.
    (b) Public lands determined to be suitable for sale shall be offered 
only on the initiative of the Bureau of Land Management. Indications of 
interest to

[[Page 214]]

have specific tracts of public lands offered for sale shall be 
accomplished through public input to the land use planning process. (See 
Sec. Sec. 1601.1-1 and 1601.8 of this title). Nominations or requests 
to have specific tracts of public lands offered for sale may also be 
made by direct request to the authorized officer.
    (c)(1) The Federal Land Policy and Management Act (43 U.S.C. 
1713(f)) provides that sales of public lands under this section shall be 
conducted under competitive bidding procedures established by the 
Secretary. However, where the Secretary determines it necessary and 
proper in order to assure equitable distribution among purchasers of 
lands, or to recognize equitable considerations or public policies, 
including, but not limited to, a preference to users, lands may be sold 
by modified competitive bidding or without competitive bidding. In 
recognizing public policies, the Secretary shall give consideration to 
the following potential purchasers:
    (i) The State in which the lands are located;
    (ii) The local government entities in such State which are in 
vicinity of the lands;
    (iii) Adjoining landowners;
    (iv) Individuals; and
    (v) Any other person.
    (2) When a parcel of land meets the sale criteria of section 203 of 
the Federal Land Policy and Management Act (43 U.S.C. 1713), several 
factors shall be considered in determining the method of sale. These 
factors include, but are not limited to: Competitive interest; needs of 
State and local governments; adjoining landowners; historical uses; and 
equitable distribution of land ownership.
    (3) Three methods of sale are provided for in Sec. 2711.3 of this 
title: competitive; modified competitive; and direct (non-competitive). 
The policy for selecting the method of sale is:
    (i) Competitive sale as provided in Sec. 2711.3-1 of this title is 
the general procedure for sales of public lands and may be used where 
there would be a number of interested parties bidding for the lands and 
(A) wherever in the judgment of the authorized officer the lands are 
accessible and usable regardless of adjoining land ownership and (B) 
wherever the lands are within a developing or urbanizing area and land 
values are increasing due to their location and interest on the 
competitive market.
    (ii) Modified competitive sales as provided in Sec. 2711.3-2 of 
this title may be used to permit the existing grazing user or adjoining 
landowner to meet the high bid at the public sale. This procedure will 
allow for limited competitive sales to protect on-going uses, to assure 
compatibility of the possible uses with adjacent lands, and avoid 
dislocation of existing users. Lands offered under this procedure would 
normally be public lands not located near urban expansion areas, or with 
rapidly increasing land values, and existing use of adjacent lands would 
be jeopardized by sale under competitive bidding procedures.
    (iii) Direct sale as provided in Sec. 2711.3-3 of this title may be 
used when the lands offered for sale are completely surrounded by lands 
in one ownership with no public access, or where the lands are needed by 
State or local governments or non-profit corporations, or where 
necessary to protect existing equities in the lands or resolve 
inadvertent unauthorized use or occupancy of said lands.
    (4) When lands have been offered for sale by one method of sale and 
the lands remain unsold, then the lands may be reoffered by another 
method of sale.
    (5) In no case shall lands be sold for less than fair market value.
    (d) Sales of public lands determined to be chiefly valuable for 
agriculture shall be no larger than necessary to support a family-sized 
farm.
    (e) The sale of family-sized farm units, at any given sale, shall be 
limited to one unit per bidder and one unit per family. The limit of one 
unit per family is not to be be construed as limiting children eighteen 
years or older from bidding in their own right.
    (f) Sales under this part shall not be made at less than fair market 
value. Such value is to be determined by an appraisal performed by a 
Federal or independent appraiser, as determined by the authorized 
officer, using the

[[Page 215]]

principles contained in the Uniform Appraisal Standards for Federal Land 
Acquisitions. The value of authorized improvements owned by anyone other 
than the United States upon lands being sold shall not be included in 
the determination of fair market value. Technical review and approval 
for conformance with appraisal standards shall be conducted by the 
authorized officer.
    (g) Constraint and discretion shall be used with regard to the 
terms, covenants, conditions and reservations authorized by section 208 
of the Act that are to be in sales patents and other conveyance 
documents, except where inclusion of such provisions is required by law 
or for protection of valid existing rights.

[45 FR 39418, June 10, 1980, as amended at 49 FR 29014, July 17, 1984; 
49 FR 29795, July 24, 1984]