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

Download as PDF 37056 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices and Douglas Sts., Forest Grove, 09000360, LISTED, 5/28/09 PUERTO RICO Caguas Municipality Puente No. 6, SR 798, Km. 1.0, Rio Canas Ward, Caguas vicinity, 09000361, LISTED, 5/28/09 (Historic Bridges of Puerto Rico MPS) IOWA Madison County Seerley, William and Mary (Messersmith) Barn and Milkhouse—Smokehouse, 1840 137th La., Earlham, 09000621 MINNESOTA Orange County Murphy School, 3729 Murphy School Rd., Hillsborough, 09000637 Transylvania County East Main Street Historic District, (Transylvania County MPS) 249–683 and 768 East Main St.; 6–7 Rice St.; St. Phillip’s Ln.; 1–60 Woodside Dr.; and 33 Deacon Ln., Brevard, 09000638 SOUTH CAROLINA McLeod County Komensky School, 19981 Major Ave., Hutchinson, 09000622 Abbeville County Lindsay Cemetery, Lindsay Cemetery Rd., Due West vicinity, 09000364, LISTED, 5/ 27/09 Ramsey County O’Donnell Shoe Company Building, 509 Sibley St., St. Paul, 09000623 Summit County O’Mahony Dining Car No. 1107, 981 W. Weber Canyon Rd., Oakley, 09000639 VIRGINIA MISSISSIPPI VIRGINIA Loudoun County Round Hill Historic District, Area within the Round Hill town limits that is bounded roughly by VA 7 to the S., Locust St. to the W., Bridge on E, Round Hill, 09000366, LISTED, 5/28/09 Lee County Carnation Milk Plant, 520 Carnation St., Tupelo, 09000624 Lunenburg County Fort Mitchell Depot, 5570–5605 Fort Mitchell Dr., Fort Mitchell, 09000640 Marion County Columbia North Residential Historic District, Roughly bounded by High School and N. Main St. on the W. and Park Ave. and Branton Ave. on the E., Columbia, 09000625 Newport News Independent City Simon Reid Curtis House, 10 Elmhurst St., Newport News, 09000641 WASHINGTON Kitsap County Coder-Coleman House, 904 Highland Ave., Bremerton, 09000367, LISTED, 5/28/09 *Denotes FEDERAL DETERMINATION OF ELIGIBILITY [FR Doc. E9–17822 Filed 7–24–09; 8:45 am] BILLING CODE P MISSOURI Pettis County Sedalia Commercial Historic District (Boundary Increase I), 104–120 E. 5th St., Sedalia, 09000626 St. Louis Independent City Stickney, William A., Cigar Company Building, 209 N. 4th St., St. Louis, 09000627 DEPARTMENT OF THE INTERIOR NEW YORK National Register of Historic Places; Notification of Pending Nominations and Related Actions Broome County Wells, J. Stuart, House, 71 Main St., Binghamton, 09000628 Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before July 11, 2009. Pursuant to § 60.13 of 36 CFR Part 60 written comments concerning the significance of these properties under the National Register criteria for evaluation may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St., NW., 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service,1201 Eye St., NW., 8th floor, Washington, DC 20005; or by fax, 202–371–6447. Written or faxed comments should be submitted by August 11, 2009. jlentini on DSKJ8SOYB1PROD with NOTICES National Park Service Chautauqua County Wellman Building, The, 101–103 W. 3rd St. & 215–217 Cherry St., Jamestown, 09000629 J. Paul Loether, Chief, National Register of Historic Places/ National Historic Landmarks Program. Oneida County von Steuben, Baron, Memorial Site, Starr Hill Rd., Remsen, 09000635 HAWAII NORTH CAROLINA Hawaii County Mauna Loa Road, Hawaii Volcanoes National Park, Hilo, 09000620 Mecklenburg County Huntersville Colored High School, 302 Holbrooks Rd., Huntersville, 09000636 VerDate Nov<24>2008 19:02 Jul 24, 2009 Jkt 217001 Erie County Lafayette Avenue Presbyterian Church, 875 Elmwood Ave., Buffalo, 09000630 St. Francis Xavier Roman Catholic Parish Complex, 157 East St., Buffalo, 09000631 Kings County Brooklyn Trust Company Building, 177 Montague St., Brooklyn, 09000632 Lewis County Pine Grove Community Church, Austin Rd. & Pine Grove Rd., Pine Grove, 09000633 New York County Emerson, The, 554 W. 53rd St., New York, 09000634 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 UTAH Shenandoah County Bowman-Zirkle Farm, 12097 S. Middle Rd., Edinburg, 09000642 Clem-Kagey Farm, 291 Belgravia Rd., Edinburg, 09000643 Request REMOVAL has been made for the following resource: OREGON Coos County Powers Hotel, 310 2nd St., Powers, 86001216 Request for MOVE has been made for the following resource MARYLAND Frederick County Old National Pike Milestone No. 51, US 40 alternative: Beechtree Drive and Willow Tree Drive, Frederick, 75002107 [FR Doc. E9–17824 Filed 7–24–09; 8:45 am] BILLING CODE P 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. 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 E:\FR\FM\27JYN1.SGM 27JYN1 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 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: jlentini on DSKJ8SOYB1PROD with NOTICES 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 VerDate Nov<24>2008 19:02 Jul 24, 2009 Jkt 217001 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 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 37057 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 E:\FR\FM\27JYN1.SGM 27JYN1 37058 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices jlentini on DSKJ8SOYB1PROD with NOTICES 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. 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. 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 Roy L. Masinton, Field Manager, Royal Gorge Field Office. [FR Doc. E9–17785 Filed 7–24–09; 8:45 am] VerDate Nov<24>2008 19:02 Jul 24, 2009 Jkt 217001 BILLING CODE 4310–JB–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLNVB01000.L58740000.EU0000. XFL064F0000; N–79242; 9–08807; TAS: 14X5232] Notice of Realty Action; Modified Competitive Sealed-Bid Sale of Public Land in Lander County, NV AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Realty Action. SUMMARY: The Bureau of Land Management (BLM) proposes to offer by modified competitive sealed-bid sale, one parcel of public land in Antelope Valley totaling 409.34 acres at not less than the fair market value (FMV) of $60,000. A description of the method of modified competitive bidding to be used and a statement indicating the purpose or objective of the bidding procedure selected is specified in this notice. DATES: Written comments regarding the proposed sale will be accepted until September 10, 2009. The bidders have until September 25, 2009 to submit sealed bids to the Bureau of Land Management (BLM) Battle Mountain District Office to the address listed below. Sealed bids will be opened no sooner than September 30, 2009 at 3 p.m. Pacific Time. ADDRESSES: Mail written comments to the BLM Field Manager, Mount Lewis Field Office, 50 Bastian Road, Battle Mountain, NV 89820. PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Nancy Lockridge, e-mail: Nancy Lockridge@nv.blm.gov or phone: (775) 635–4000. SUPPLEMENTARY INFORMATION: The sale will be subject to the applicable provisions of Sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (FLPMA), 43 U.S.C. 1713 and 1719, respectively, and BLM land sale and mineral conveyance regulations at 43 CFR 2710 and 2720. The sale parcel is legally described as: Mount Diablo Meridian T. 25 N., R. 42 E., Sec. 1, lots 7 and 8, and SW1⁄4; Sec. 12, NW1⁄4. The area described contains 409.34 acres, more or less, in Lander County. The sale is in conformance with the 1986 BLM Shoshone-Eureka Resource Management Plan (RMP), approved on February 26, 1986. The use of the modified competitive sale method is consistent with 43 CFR 2711.3–2(a)(1)(ii). Public lands may be offered for sale by modified competitive bidding procedures when the authorized officer determines it is necessary in order to assure equitable distribution of land among purchasers or to recognize equitable considerations or public policies. Modified competitive bidding includes, but is not limited to, a limitation of persons permitted to bid on a specific parcel of land offered for sale. Factors to be considered in determining when modified competitive bidding procedures shall be used include, but are not limited to, the needs of State and/or local government, adjoining landowners, historical users, and other needs for the parcel. Lander County supports a request by Nevada Hay Company, which is owned by Dennis Johnson, for a modified competitive sale. Mr. Johnson owns the abutting properties on the east and west boundaries of the parcel. The north and south boundaries are public land. Ellison Ranching Company is the historical user of the land with a grazing permit authorized by the BLM. The sale parcel lacks official public access. In consideration of the adjoining landowner and historical uses of the parcel, the authorized officer has determined Mr. Johnson and Ellison Ranching Company as the bidders for this parcel. Bidding Procedures: Sealed bids must be accompanied by not less than 20 percent of the bid amount in the form of a certified check, postal money order, bank draft, or cashier’s check made payable to the Bureau of Land Management. Personal checks will not be accepted. If the bidders submit a bid E:\FR\FM\27JYN1.SGM 27JYN1

Agencies

[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.

-----------------------------------------------------------------------

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