Department of the Interior – Bureau of Land Management (BLM)

43 CFR §2711.3–3 — Direct Sales 43 CFR §2711.5 — Disposal of Land with Limited Utility

—OPTIONAL--

Notice of Proposed Rulemaking

BLM Direct Sale Authority and Limited-Utility Land Disposal Rules

Rescinding these rules will prevent noncompetitive sales of public land to private entities without full public notice or environmental review. It will protect American land from being quietly handed over to corporate interests and restore public trust in federal land management.

U.S. Department of the Interior Bureau of Land Management 1849 C Street NW Washington, D.C. 20240

blm_wo_comments@blm.gov

The Bureau of Land Management currently uses authority under 43 CFR §2711.3–3 and §2711.5 to dispose of public land it classifies as having “limited utility” or where continued federal ownership is considered “inconvenient.” These rules allow direct, noncompetitive sales to private parties without public bidding or transparent justification. In practice, this has enabled speculative land grabs, fossil fuel development, and the erosion of public access and ecological protections—often with little or no community involvement. The original intent of these provisions under the Federal Land Policy and Management Act (FLPMA) has been distorted into a fast-track path for privatization.

Public lands are a shared national asset—not a backdoor subsidy for wealthy developers These provisions have facilitated the privatization of millions of acres without competitive processes or public accountability Many sales have supported extractive industries, degraded ecosystems, or reduced recreational and tribal access Rescission would restore the presumption of public retention unless a clear, democratically vetted benefit is established Requires that all future transfers undergo robust environmental review, public input, and open bidding

All authority under 43 CFR §2711.3–3 and §2711.5 for direct sale or disposal of public land based on “limited utility” or “inconvenient management” shall be rescinded. The BLM shall retain federal lands unless a competitive, publicly disclosed process with full NEPA review and community consultation determines that transfer of ownership is in the national interest. No land shall be sold below fair market value or without at least 90 days of public notice and opportunity for formal comment.

Doug Burgum

Secretary of the Interior