Justice Department Announces Completion of Major Overhaul to Federal Land Acquisition Process Across U.S. Agencies

The Justice Department has completed a significant project aimed at streamlining and modernizing how federal agencies acquire real property.

This effort, which spanned two years, involved collaboration across various federal agencies to review outdated procedures in the delegations of authority that the department had issued between 1970 and 1991.

Revisions to Delegations of Authority

On December 10, 2024, Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD) announced the issuance of 10 updated delegations of authority regarding title review for federal land acquisitions.

These new delegations will help eliminate redundant processes, making the entire system more efficient, and ultimately saving taxpayer money.

Improving Efficiency and Reducing Redundancy

Before the United States can acquire property, the Attorney General must confirm that the property’s title is sufficient for its intended use.

This requirement stems from 40 U.S.C. § 3111. In 1970, Congress allowed the Justice Department to delegate title review authority to agencies with qualified legal staff, enabling agency counsel to approve title sufficiency without requiring direct approval from the Justice Department.

Over time, however, some aspects of these delegations became outdated and inefficient, including references to old regulations and a $100,000 threshold for certain acquisitions.

Updates to Address Outdated Provisions

The revisions tackle these outdated elements, removing obsolete references and the $100,000 limitation.

They also account for the dissolution of the Atomic Energy Commission and the transfer of authority over the U.S. Coast Guard.

These updated provisions now reflect current regulations, ensuring that the title review process aligns with modern practices and regulatory standards.

Impact of the Revised Delegations

Assistant Attorney General Kim emphasized that the revisions would improve the Justice Department’s working relationship with its agency partners, ensuring that every land acquisition is in full compliance with federal law while promoting efficiency and conserving taxpayer resources.

This modernization project, which took years to complete, is expected to impact thousands of federal land acquisitions annually.

Agencies Affected by the Revisions

The following agencies are now covered under the updated delegations: the Department of Agriculture, Department of the Army, Department of Energy, Department of Homeland Security, Department of the Interior, Department of the Navy, Department of Transportation, Department of Veterans Affairs, the General Services Administration, and the U.S. Section of the International Boundary and Water Commission.

A Collaborative Effort

Leading this comprehensive review was ENRD’s Land Acquisition Section, which included Section Chief Andrew M. Goldfrank, Division Counsel for Title Matters Georgia Garthwaite, and Trial Attorney Ben McMurtray.

Their combined expertise helped ensure that the updated process reflects both legal precision and operational efficiency.

This article was published on TDPel Media. Thanks for reading!

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