[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2710.0-6]



[Page 209-211]

 

                    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 210]]



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 211]]



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]