Course 2000-17
EXCHANGES
Concurrence on Feasibility
Session Summary
BLM / FSBLM Handbook 2200-1, Chapter 2 (E) 11 / FSH 5409.13, 35
At the feasibility phase, you must forward a Feasibility Package including: Feasibility Report/Analysis (including maps), Feasibility Summary, draft Agreement to Initiate a Land Exchange (ATI), draft Notice of Exchange Proposal (NOEP), draftbriefing paper regarding the land exchange, and land description review certificate to your BLM State Office. After review and concurrence, the State Office forwards the documentsfor informal review to the WO National Land Exchange Program Lead. The State Office forwards the documents for formal review to the Solicitor, and then (assuming Solicitor approves) to theWO for formal review. Refer to WO IM 2010-121. / At the feasibility phase in a land exchange, you must forward a copy of the draft Agreement to Initiate a Land Exchange (ATI), draft Notice of Exchange Proposal (NOEP), and a copy of the Land Exchange Feasibility Report, including preliminary title evidence, completed Land Description Verification forms, Federal Land Status Report, water rights analysis, and valuation consultation to the Regional Office for review and approval. Primary case oversight is a responsibility of the Regional Lands Directors and their land adjustment staff. In lieu of individual land exchange case reviews, the National Land Adjustment Team (NLAT) conducts periodic landownership adjustment program reviews for each region.
The WONational Land Exchange Program Lead prepares or adds additional documentation or clarification as needed. The Chief, Division of Lands, Realty and Cadastral Survey (WO-350), and the Assistant Director,Energy, Minerals, and Realty Management (WO-300) then review the documentation.
After review and concurrence,WO-300 forwards the package for consideration by the BLM Director. A memorandumto the State Director documents approval and provides additional direction or conditions to address during processing. / Regional Lands Directors and their land adjustment staff may provide action items to address prior to signing an ATI and/or during case processing.
Once the Director gives approval, the authorized officer may execute the ATI, publish the NOEP, and proceed with processing the land exchange. / Once you have adequately addressed action items and received approval from the Regional Lands Director,you may execute the ATI,publish the NOEP, and proceed with processing the land exchange.
You must provide notification to Congressional appropriations committees for land exchanges with a Federal land value greater than $500,000. Land exchanges with a Federal land value greater than $1,000,000 also require a 30-day period of review by the Congress. Refer to the most recent Reprogramming Guidelines. / Land exchanges where the Federal land value is greater than $1,000,000 shall not be consummated until Congressional Committees have had a 30-day period to examine the exchange. In addition, the committee’s shall be provided advance notice on exchanges valued between $500,000 and $1,000,000. Values greater than $1,000,000 also require a 30-day period of review by the Congress.
Weeks Act: Value of the Federal land greater than $150,000 must submit for congressional oversight.
Value of Federal land greater than $250,000 requires Secretary of Agriculture Approval – then sent for congressional oversight.