[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: 43CFR2711.1-2]

[Page 215-216]
 
                    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 2711_Sales: Procedures
 
Sec. 2711.1-2  Notice of realty action.

    (a) A notice of realty action offering for sale a tract or tracts of 
public lands identified for disposal by sale shall be issued, published 
and sent to parties of interest by the authorized officer not less than 
60 days prior to the sale. The notice shall include the terms, 
convenants, conditions and reservations which are to be included in the 
conveyance document and the method of sale. The notice shall also 
provide 45 days after the date of issuance for the right of comment by 
the public and interested parties.
    (b) Not less than 60 days prior to sale, notice shall be sent to the 
Member of the U.S. House of Representatives in whose district the public 
lands proposed for sale are located and the U.S. Senators for the State 
in which the public lands proposed for sale are located, the Senate and 
House of Representatives, as required by paragraph (f) of this section, 
to Governor of the State within which the public lands are located, to 
the head of the governing body of any political subdivision having 
zoning or other land use regulatory responsibility in the geographic 
area within which the public lands are located and to the head of any 
political

[[Page 216]]

subdivision having administrative or public services responsibility in 
the geographic area within which the lands are located. The notice shall 
be sent to other known interested parties of record including, but not 
limited to, adjoining landowners and current land users.
    (c) The notice shall be published once in the Federal Register and 
once a week for 3 weeks thereafter in a newspaper of general circulation 
in the general vicinity of the public lands being proposed to be offered 
for sale.
    (d) The publication of the notice of realty action in the Federal 
Register shall segregate the public lands covered by the notice of 
realty action to the extent that they will not be subject to 
appropriation under the public land laws, including the mining laws. Any 
subsequent application, shall not be accepted, shall not be considered 
as filed and shall be returned to the applicant, if the notice 
segregates the lands from the use applied for in the application. The 
segregative effect of the notice of realty action shall terminate upon 
issuance of patent or other document of conveyance to such lands, upon 
publication in the Federal Register of a termination of the segregation 
or 270 days from the date of publication, whichever occurs first.
    (e) The notice published under Sec. 1610.5 of this title may, if so 
designated in the notice and is the functional equivalent of a notice of 
realty action required by this section, serve as the notice of realty 
action required by paragraph (a) of this section and may segregate the 
public lands covered by the sale proposal to the same extent that they 
would have been segregated under a notice of realty action issued under 
paragraph (a) of this section.
    (f) For tracts of public lands in excess of 2,500 acres, the notice 
shall be submitted to the Senate and the House of Representatives not 
less than the 90 days prescribed by section 203 of the Act (43 U.S.C. 
1713(c)) prior to the date of sale. The sale may not be held prior to 
the completion of the congressional notice period unless such period is 
waived by Congress.

[45 FR 39418, June 10, 1980, as amended at 49 FR 29015, July 17, 1984]