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Federal Land Transaction Facilitation Act Restrictions and ...

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Memor<strong>and</strong>um of<br />

Underst<strong>and</strong>ing Implements<br />

FLTFA<br />

Proposed Amendments to<br />

FLTFA<br />

FLTFA also limits l<strong>and</strong> acquisitions to l<strong>and</strong> within <strong>and</strong> adjacent to<br />

federally designated areas, such as national parks, national forests, <strong>and</strong><br />

national conservation areas. While most l<strong>and</strong>s managed by the Fish <strong>and</strong><br />

Wildlife Service, the Forest Service, <strong>and</strong> the Park Service are federally<br />

designated areas, many of the l<strong>and</strong>s managed by BLM are not federally<br />

designated areas; therefore, acquisitions within undesignated l<strong>and</strong>s would<br />

not qualify under FLTFA.<br />

Furthermore, FLTFA requires that the Secretaries establish a procedure to<br />

identify <strong>and</strong> set priorities for acquiring inholdings. As part of this process,<br />

it called for the Secretaries to consider (1) the date the inholding was<br />

established, (2) the extent to which the acquisition would facilitate<br />

management efficiency, <strong>and</strong> (3) other criteria identified by the Secretaries.<br />

The act also requires a public notice be published in the <strong>Federal</strong> Register<br />

detailing the procedures for identifying inholdings <strong>and</strong> setting priorities for<br />

them <strong>and</strong> other information about the program.<br />

To improve FLTFA implementation, the four agencies signed a national<br />

MOU. Among other things, the MOU established a <strong>L<strong>and</strong></strong> <strong>Transaction</strong><br />

<strong>Facilitation</strong> Council, which consists of the heads of the four agencies <strong>and</strong><br />

the U.S. Department of the Interior Assistant Secretary for Policy,<br />

Management, <strong>and</strong> Budget to oversee the implementation <strong>and</strong> coordination<br />

of activities undertaken pursuant to the MOU. The MOU also directed the<br />

agencies to establish state-level implementation plans that would establish<br />

roles <strong>and</strong> responsibilities, procedures for interagency coordination, <strong>and</strong><br />

field-level processes for identifying l<strong>and</strong> acquisition recommendations <strong>and</strong><br />

setting priorities for these recommendations.<br />

The Administration has proposed revising <strong>and</strong> extending the act.<br />

Specifically, the U.S. Department of the Interior’s fiscal year 2007 <strong>and</strong> 2008<br />

budgets included proposals to<br />

allow BLM to use updated l<strong>and</strong> use plans to identify areas suitable for<br />

disposal,<br />

allow a portion of receipts to be used by BLM for restoration projects,<br />

require BLM to return 70 percent of net proceeds from eligible sales to the<br />

U.S. Treasury, <strong>and</strong><br />

Page 13 GAO-08-196 <strong>Federal</strong> <strong>L<strong>and</strong></strong> Management

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