[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: 43CFR2711.1-2]



[Page 211-212]

 

                    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 212]]



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]