Notice of Realty Action: Proposed Non-Competitive (Direct) Sale of Public Land, Gilpin County, CO, 37056-37058 [E9-17785]

Agencies

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

[Federal Register Volume 74, Number 142 (Monday, July 27, 2009)]
[Notices]
[Pages 37056-37058]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17785]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCOF02000-L14300000.EU0000; COC-73560]


Notice of Realty Action: Proposed Non-Competitive (Direct) Sale 
of Public Land, Gilpin County, CO

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The public lands described in this Notice consist of four 
small parcels ranging in size from 0.01 acres to 1.75 acres for a total 
of 1.87 acres in Gilpin County, Colorado. The parcels are being 
proposed for direct sale to Prospectors Run LLC at no less than the 
appraised fair market value (FMV) to resolve inadvertent, unauthorized 
use and

[[Page 37057]]

occupancy of the parcels. No significant resource values will be 
affected by disposal of these parcels from Federal ownership. The sale 
is consistent with Bureau of Land Management (BLM) policies and the BLM 
Colorado Northeast Resource Management Plan, dated September 16, 1986.

DATES: Interested persons may submit written comments concerning the 
proposed sale to the BLM at the address stated below. Comments must be 
received by the BLM not later than September 10, 2009.

ADDRESSES: Written comments regarding the proposed sale should be 
addressed to the Bureau of Land Management, Field Manager, Royal Gorge 
Field Office, 3028 East Main Street, Canon City, Colorado 81212.

FOR FURTHER INFORMATION CONTACT: Debbie Bellew, Realty Specialist, at 
(719) 269-8514 or by e-mail dbellew@co.blm.gov.

SUPPLEMENTARY INFORMATION: The following described parcels of public 
land are proposed for sale:

Sixth Principal Meridian

T. 3 S., R. 73 W.,
    Sec. 11, lots 26, 28, 29, 30, and 32.

    The areas described aggregate 1.87 acres in Gilpin County.

    The parcels lie within Eureka Heights Village approximately 1 mile 
northwest of Central City, Colorado.
    The authority for the sale is section 203 of the Federal Land 
Policy and Management Act (FLPMA) of October 21, 1976 (43 U.S.C. 1713) 
and regulations found at 43 CFR part 2710. The parcels are not required 
for Federal purposes and were identified for disposal in the BLM 
Northeast Colorado Resource Management Plan approved on September 18, 
1986, and therefore meet the qualifications for disposal from Federal 
ownership. The disposal (sale) of the parcels would serve the public 
interest for private economic development, which outweighs other public 
objectives and values.
    On July 27, 2009 the parcels will be segregated from all forms of 
appropriation under the public land laws, including the mining laws, 
except as to non-competitive (direct) 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 on July 27, 2011, whichever occurs first, unless the 
segregation period is extended by the BLM State Director, Colorado, in 
accordance with 43 CFR 2711.1-2(d) prior to the termination date. Upon 
publication of this notice and until completion of the sale, the BLM 
will not accept land use applications.
    The parcels will be disposed of at no less than the appraised FMV. 
The FMV will be determined by an appraisal using the principles 
contained in the ``Uniform Appraisal Standards for Federal Land 
Acquisitions.'' The parcels described in this notice were identified 
for disposal in an approved land use plan in effect on July 25, 2000; 
therefore, 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.
    Regulations contained in 43 CFR 2711.3-3 make allowances for direct 
sales when a competitive sale is inappropriate and when the public 
interest would best be served by a direct sale, including a need to 
resolve inadvertent unauthorized use or occupancy of the lands. The 
fragmented land pattern in Gilpin County has resulted in numerous 
historical trespass situations on public lands. As to the parcels 
described in this Notice, the BLM has completed a cadastral survey of 
the public land boundaries to verify the unauthorized uses. In 
accordance with 43 CFR 2710.0-6 (c) (iii) and 43 CFR 2711.3-3(a), the 
BLM authorized officer finds that the public interest would be best 
served by resolving the inadvertent unauthorized use and occupancy of 
public lands managed by the BLM by direct sale to a landowner whose 
improvements occupy portions of the parcels and to protect existing 
equities in the land.
    The inadvertent unauthorized use and occupancy involves landscaping 
and the encroachment of portions of retaining walls associated with the 
townhome development known as ``Eureka Heights Village.'' The initial 
use and occupancy began when Prospector's Run LLC built the 
improvements on public land during development of their private 
property. Access to the subject BLM parcels is off of Eureka Street. 
The sale would consolidate the public land parcels within the Eureka 
Heights Village development and resolve inadvertent unauthorized use 
and occupancy of public lands. Federal law requires purchasers to be 
citizens of the United States, 18 years of age or older; or, in the 
case of corporations, to be subject to the laws of any State or of the 
United States; a State, State instrumentality or political subdivision 
authorized to hold property or an entity legally capable of conveying 
lands or interests therein under the laws of the State of Colorado. The 
purchaser will be allowed 30 days from receipt of a written offer from 
the BLM to submit a deposit of at least 30 percent of the appraised FMV 
of the parcels, and 180 days thereafter to submit the balance. 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. Failure to meet conditions established for this sale will 
void the sale and any monies received will be forfeited. If the balance 
of the purchase price is not received within the 180 days, the deposit 
shall be forfeited to the United States and the parcels withdrawn from 
sale.
    Any patent issued will contain the following numbered reservations, 
covenants, terms and conditions:
    (1) 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).
    (2) The parcels will be subject to all valid existing rights of 
record at the time of conveyance.
    (3) If appropriate, a reservation of minerals and mineral interests 
to the United States.
    (4) A notice and indemnification statement under the Comprehensive 
Environmental Response, Compensation and Liability Act (42 U.S.C. 
9620(h)), as amended by the Superfund Amendments and Reauthorization 
Act of 1988, (100 Stat. 1670), holding the United States harmless from 
any release of hazardous materials that may have occurred as a result 
of any authorized or unauthorized use of the property by other parties.
    (5) Additional terms and conditions that the authorized officer 
deems appropriate to ensure proper land use and protection of the 
public interest.
    Conveyance of any mineral interest pursuant to section 209 of the 
FLPMA will be analyzed during processing of the proposed sale.
    No warranty of any kind, expressed or implied, is given by the 
United States as to the title, physical condition, or potential uses of 
the parcels of land proposed for sale, and the conveyance will not be 
on a contingency basis. In order to determine the value, through 
appraisal, certain extraordinary assumptions may be made of the 
attributes and limitations of the lands and potential effects of local 
regulations and policies on potential future land uses. Through 
publication of this Notice of Realty Action, the BLM gives notice that 
these assumptions may not be endorsed or approved by units of local 
government. It is the buyer's responsibility to be aware of: (1) All 
applicable Federal, State, or local

[[Page 37058]]

government laws, regulations, or policies that may affect the subject 
parcels 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 parcels lack 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 September 10, 2009, interested parties and the 
general public may submit in writing any comments concerning the 
parcels being considered for direct sale, including notification of any 
encumbrances or other claims relating to the parcels, to the BLM 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, you should be aware 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 your personal identifying information from public 
review, 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. Information concerning the proposed land sale, including 
reservations, appraisal, planning and environmental documents, and 
mineral report, is available for review at the Royal Gorge field Office 
at the address listed above. Normal business hours are 7:45 a.m. to 
4:30 p.m., Monday through Friday, except Federal holidays. The parcels 
will not be sold until at least September 25, 2009.

Roy L. Masinton,
Field Manager, Royal Gorge Field Office.
[FR Doc. E9-17785 Filed 7-24-09; 8:45 am]
BILLING CODE 4310-JB-P