Notice of Realty Action: Proposed Competitive Sale of Public Land, Boulder County, CO, 50116-50117 [07-4266]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management
• Land Management Bureau

[Federal Register Volume 72, Number 168 (Thursday, August 30, 2007)]
[Notices]
[Pages 50116-50117]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4266]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-200-1430-EU; COC-70516]


Notice of Realty Action: Proposed Competitive Sale of Public 
Land, Boulder County, CO

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: A single 6.54-acre parcel of Federal public land near Ward, in 
Boulder County, Colorado, has been examined and found suitable for sale 
using the competitive sale procedures of Title 43 Code of Federal 
Regulations, Sub Part 2711. The authority for the sale is Section 203 
of the Federal Land Policy and Management Act of 1976 (FLPMA) (43 
U.S.C. 1701 and 1713).

DATES: The parcel will be segregated on the date of publication of this 
notice in the Federal Register. Comments regarding the proposed sale 
must be received by the Bureau of Land Management (BLM) at the address 
listed below by October 15, 2007. BLM will accept sealed bids for the 
parcel from qualified bidders up to February 27, 2008, and accept oral 
bids at a public auction scheduled for February 29, 2008.

ADDRESSES: Written comments regarding the proposed sale may be sent to 
the BLM at the following address: Field Manager, Royal Gorge Field 
Office, Bureau of Land Management, 3170 East Main Street, Canon City, 
Colorado 81212.
    The address for oral bidding registration and the location of the 
public auction is: Bureau of Land Management, Colorado State Office, 
2850 Youngfield Street, Lakewood, Colorado 80215.

FOR FURTHER INFORMATION CONTACT: Information regarding the competitive 
sale instructions, procedures, documents, map, and materials to submit 
a bid can be obtained at the public reception area at the BLM Royal 
Gorge Field Office, or by contacting Debbie Bellew at (719) 269-8514 or 
dbellew@co.blm.gov.

SUPPLEMENTARY INFORMATION: The following described parcel of public 
land is proposed for sale:

Sixth Principal Meridian, Colorado

T. 1 N., R. 73 W.,
    Section 12, Proposed Lot 67.

    The area described contains 6.54 acres, in Boulder County.
    The parcel is approximately 1 mile south of the town of Ward, 
Colorado.

    The parcel described in this notice was identified for disposal in 
an approved land use plan in effect on July 25, 2000. Proceeds from 
this sale will be deposited into the Federal Land Disposal Account 
authorized under Section 206 of the Federal Land Transaction 
Facilitation Act, Public Law 106-248. The parcel is not required for 
Federal purposes and was identified for disposal in the BLM Northeast 
Colorado Resource Management Plan approved in September 1986, and 
therefore meets the qualifications for disposal from Federal ownership. 
The disposal (sale) of the parcel would serve the public interest for 
private economic development.
    On August 30, 2007, the parcel will be segregated from 
appropriation under the public land laws, including the mining laws, 
except as to competitive sale as herein proposed. The segregative 
effect will terminate upon issuance of a patent, publication in the 
Federal Register of a termination of the segregation, or August 31, 
2009 unless extended by the BLM State Director, Colorado, in accordance 
with 43 CFR 2711.1-2(d) prior to the termination date. The parcel will 
be offered for sale using both sealed and oral bid procedures on 
February 29, 2008 at an oral auction, for not less than the appraised 
fair market value (FMV). Federal law requires that bidders must be 
citizens of the United States, 18 years of age or older, or in the case 
of a corporation, be subject to the laws of any State of the United 
States. Proof of citizenship shall accompany the bid. The appraised FMV 
of the parcel will be determined approximately 30 days in advance of 
the auction date. In addition to the appraised FMV minimum bid and any 
bid addition, the successful bidder/purchaser shall reimburse the BLM 
for its costs of $7,411.00 incurred for surveying the boundaries of the 
parcel.
    Sealed bids under 43 CFR 2711.3-1(c) must be received at the BLM 
Royal Gorge Field Office no later than 4:30 p.m., MST, February 27, 
2008. The outside of bid envelopes must be clearly marked on the front 
lower left-hand corner with ``SEALED BID'' ``BLM Land Sale CO, COC-
70516'' and the bid opening date of February 29, 2008.
    Sealed bid opening will begin at 9 a.m., MST, February 29, 2008, 
and the highest acceptable bid will be determined. All oral bidders are 
required to register, which will begin at 8 a.m. and end at 9 a.m. MST, 
on February 29, 2008. Prospective oral bidders are encouraged to pre-
register by mail or fax (719-269-8599) by completing the form in the 
sale packet available for this sale. The highest qualifying sealed bid 
will become the starting bid at the oral auction. If no sealed bids are 
received, oral bidding will begin at the FMV, as determined by the 
authorized officer and will be accepted in $100 increments only. If no 
oral bids are received, the highest acceptable sealed bid will be 
considered the purchaser. The apparent high bidder must submit a 
deposit of not less than 30 percent of the successful bid at the end of 
the auction along with $7,411.00 to cover the survey costs. The 
remainder of the full bid price must be paid within 180 calendar days 
from the date of the sale. Failure to pay the full price within the 180 
days will disqualify the apparent high bidder and shall result in 
forfeiture of the entire 30 percent deposit to the BLM. The BLM cannot 
accept the full price at any time following the 180th day after the 
sale. Payments must be in the form of a certified check, postal money 
order, bank draft, or cashier's check made payable in U.S. dollars to 
the order of the U.S. Department of the Interior--BLM. Personal checks 
will not be accepted.
    Following the auction, all monies submitted with sealed bids will 
be returned to the unsuccessful bidders.

Terms and Conditions of Sale

    The following reservations, rights, and conditions will be included 
in the patent that may be issued for the above parcel of Federal land: 
A reservation to the United States for ditches and canals constructed 
by the authority of the United States, Act of August 30, 1890 (43 
U.S.C. 945).
    The parcel will be subject to valid existing rights and to the 
following: (1) A right-of-way for access purposes as granted to Iddo 
and Kathleen Pittman by COC-38793; (2) a right-of-way for telephone 
line purposes granted to Qwest by COC-49796; and (3) those rights for 
highway purposes as granted to the Colorado Department of 
Transportation by COC-051676. Conveyance of any mineral interests 
pursuant to Section 209 of the FLPMA will be analyzed during processing 
of the proposed sale. The purchaser/grantee, accepting the patent, 
agrees to indemnify, defend, and hold the United States harmless from 
any costs, damages, claims, causes of action, penalties, fines, 
liabilities, and

[[Page 50117]]

judgment of any kind arising from the past, present, or future acts of 
omissions of the grantor, its employees, agents, contractor, or 
lessees, or a third party arising out of, or in connection with, 
grantor's use and/or occupancy of the deeded real property resulting 
in: Violations of Federal, State, and local laws and regulations that 
are now, or in the future, become applicable to the real property; (2) 
judgments, claims, or demands of any kind assessed against the United 
States; (3) costs, expenses, or damages of any kind incurred by the 
United States; (4) releases or threatened release of solid or hazardous 
waste(s) and/or hazardous substance(s) as defined by the Federal or 
State environmental laws, off, on, into, or under land, property, and 
other interest of the United States; (5) other activities by which 
solid or hazardous substances or wastes, as defined by Federal and 
State environmental laws are generated, released, restored, used, or 
otherwise disposed of on the deeded real property, and any cleanup 
response rendered remedial action, or other actions related in any 
manner to said solid or hazardous substances or wastes; or (6) natural 
resource damages as defined by Federal and State law. This covenant 
shall be construed as running with the deeded real property and may be 
enforced by the United States in a court of competent jurisdiction.
    Pursuant to the requirements established by section 120(h) of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA), (42 U.S.C. 9620(h)), as amended by the Superfund Amendments 
and Reauthorization Act of 1988, (100 Stat. 1670), notice is hereby 
given that the above-described parcel has been examined and no evidence 
was found to indicate that any hazardous substances have been stored 
for one year or more, nor has any hazardous substances been disposed of 
or released on the subject property.
    No warranty of any kind, expressed or implied, is given by the 
United States as to the title, or the physical condition or potential 
uses of the parcel of land proposed for sale. Under Boulder County Land 
Use Code, newly created parcels of less than 35 acres are not legal 
building lots for which building permits may be issued. The conveyance 
will not be on a contingency basis. It is the buyer's responsibility to 
be aware of: (1) All applicable Federal, State, or local government 
laws, regulation, or policies that may affect the subject parcel or its 
future uses, and (2) existing or prospective uses of nearby properties. 
When conveyed out of Federal ownership, the lands will be subject to 
any applicable laws, regulations, and policies of the applicable local 
government for proposed future uses. It will be the responsibility of 
the purchaser to be aware of those laws, regulations, and policies, and 
to seek any required local approvals for future uses. Buyers should 
also make themselves aware of any Federal or State law or regulation 
that may impact the future use of the property. If the parcel lacks 
access from a public road or highway it will be conveyed as such, and 
future access acquisition will be the responsibility of the buyer.

Public Comments

    For a period until October 15, 2007, interested parties and the 
general public may submit in writing any comments concerning the parcel 
being considered for competitive sale, including notification of any 
encumbrances or other claims relating to the parcel, to the Royal Gorge 
Field Manager at the above address. In order to ensure consideration in 
the environmental analysis of the proposed sale, comments must be in 
writing and postmarked or delivered within 45 days of the initial date 
of publication of this notice. Comments, including names and street 
addresses of respondents, will be available for public review at the 
BLM Royal Gorge Field Office during regular business hours. Individual 
respondents may request confidentiality. Before including your address, 
phone number, e-mail address, or other personal identifying information 
in your comment, be advised that your entire comment--including your 
personal identifying information--may be made publicly available at any 
time. While you can ask us in your comment to withhold from public 
review your personal identifying information, we cannot guarantee that 
we will be able to do so. If you wish to have your name or address 
withheld from public disclosure under the Freedom of Information Act, 
you must state it prominently at the beginning of your comments. Any 
determination by the BLM to release or withhold the names and/or 
addresses of those who comment will be made on a case-by-case basis. 
Such requests will be honored to the extent allowed by law. BLM will 
make available for public review, in their entirety, all comments 
submitted by businesses or organizations, including comments by 
individuals in their capacity as an official or representative of an 
organization or business.
    Any adverse comments will be reviewed by the BLM State Director, 
Colorado, who may sustain, vacate, or modify this realty action in 
whole or in part. In the absence of any adverse comments, this realty 
action will become the final determination of the Department of the 
Interior.

Roy L. Masinton,
Royal Gorge Field Manager.
[FR Doc. 07-4266 Filed 8-29-07; 8:45 am]
BILLING CODE 4310-JB-M