Notice of Realty Action: Modified Competitive Sealed Bid Sale of Public Land in Sweetwater County, WY, 68693-68696 [2014-27209]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 79, Number 222 (Tuesday, November 18, 2014)]
[Notices]
[Pages 68693-68696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27209]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLWY920000-L14300000-EU0000; WYW-167526]


Notice of Realty Action: Modified Competitive Sealed Bid Sale of 
Public Land in Sweetwater County, WY

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: The Bureau of Land Management (BLM) proposes to offer by 
modified competitive, sealed-bid sale, two parcels totaling 650 acres 
in Sweetwater County at no less than the fair market value (FMV) of 
$290,000 for parcel 1 and $210,000 for parcel 2 as determined by the 
October 29, 2013, appraisal. The sale will be subject to the applicable 
provisions of Section 203 of the Federal Land Policy and Management Act 
of 1976 (FLPMA), 43 U.S.C. 1713, and the BLM land sale regulations at 
43 CFR 2710.

DATES: Interested parties may submit written comments to the BLM at the 
address below. The BLM must receive your comments on or before January 
2, 2015. The BLM will accept sealed bids for the offered lands until 
January 20, 2015, 3 p.m. Mountain Time (MT). If the BLM determines to 
conduct the sale, the sealed bids will be opened on January 20, 2015, 
at the Rock Springs Field Office at 9 a.m. MT.

ADDRESSES: Send written comments concerning this notice to the Field 
Manager, BLM, Rock Springs Field Office, 280 Highway 191 North, Rock 
Springs, WY 82901-3447.

FOR FURTHER INFORMATION CONTACT: Patricia Hamilton, Realty Specialist, 
at email phamilto@blm.gov or by telephone at 307-352-0334. Public 
comments concerning this proposed sale may be mailed or emailed to 
BLM_WY_Sweetwater_County_Land_Sale@blm.gov by January 2, 2015. Persons 
who use a telecommunications device for the deaf (TDD) may call the 
Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact 
the above individual during normal business hours. The FIRS is 
available 24 hours a day, 7 days a week, to leave a message or question 
with the above individual. You will receive a reply during normal 
business hours.

SUPPLEMENTARY INFORMATION: The two parcels of public land will be sold 
individually. The parcels proposed for a modified competitive sale are 
approximately 6 miles northwest of Green River, Wyoming. The parcels 
are

[[Page 68694]]

in mixed land ownership pattern of public and private lands and are 
adjacent to Interstate 80. The subject public land is described as:
    Parcel 1 containing 390.00 acres:

Sixth Principal Meridian

T. 18 N., R. 108 W.,
    Sec. 10, W\1/2\W\1/2\NW\1/4\NE\1/4\, S\1/2\NE\1/4\, NW\1/4\, 
W\1/2\SW\1/4\, N\1/2\NE\1/4\SW\1/4\ and N\1/2\N\1/2\SE\1/4\.

    Parcel 2 contains 260.00 acres:

Sixth Principal Meridian

T. 18 N., R. 108 W.,
    Sec. 12, W\1/2\NW\1/4\NE\1/4\, S\1/2\NE\1/4\, and NW\1/4\.

    The area described aggregate parcels 1 and 2 totaling 650.00 acres.
    The parcels offered for the proposed modified competitive, sealed-
bid sale are suitable for disposal and this action is in conformance 
with the Green River Resource Management Plan, Record of Decision 
approved on August 8, 1997. Conveyance of the identified public land 
will be subject to all valid existing rights of record.
    On April 23, 2013, the BLM published a Notice of Realty Action in 
the Federal Register (78 FR24219) to segregate the parcels from 
appropriation under the public land laws, including the mining laws, 
for a period of 2 years from the date of publication. This notice will 
be published once a week for 3 weeks in the Rock Springs Rocket Miner 
and the Green River Star news media.
    The use of the modified competitive, sealed-bid sale method is 
consistent with 43 CFR 2711.3-2. Under that provision, public lands may 
be offered for sale utilizing 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. Under the modified 
competitive bidding, procedure provided in 43 CFR 2711.3-2(a)(1)(i), a 
designated bidder is offered the right to meet the highest bid. Here 
the BLM has determined that the modified competitive procedures are 
appropriate because the City of Green River, Wyoming, has identified 
the parcels in question as part of the city's future growth and 
development. Because the land pattern consists of public and private 
land and adjacent to the interstate, the BLM has determined that, the 
designated bidder is the City of Green River. Refusal or failure to 
meet the highest bid shall constitute a waiver of such bidding 
provisions.
    Factors to consider in determining when modified competitive 
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. This notice specifies the procedures 
for and method of modified competitive bidding, and a statement 
indicating the purpose or objective of the bidding procedures.
    Sale Procedures: Sealed bid envelopes must be clearly marked with 
``SEALED BID BLM LAND SALE, WYW-167526'' on the front lower left-hand 
corner of the envelope and contain the completed Certificate of 
Eligibility, stating the name, mailing address, and phone number of the 
entity/person making the bid. A Certificate of Eligibility is available 
online at www.blm.gov/wy/st/en/info/NEPA/documents/rsfo/landsale.html 
or by contacting the Rock Springs Field Office. Sealed bids must be 
equal to or greater than the appraised FMV of the land. Sealed bids 
must include a certified check, money order, bank draft, cashier's 
check, or any combination thereof, made payable to the Department of 
the Interior (DOI)-BLM for an amount not less than 20 percent of the 
total amount of the bid. Personal and company checks will not be 
accepted. Sealed bids will be opened and recorded to determine the high 
bidder. The highest qualifying bid received will be declared the high 
bid for the parcel. The modified competitive sale process allows the 
designated bidder (the City of Green River) the opportunity to meet the 
high bid.
    The designated bidder, or their authorized representative, must be 
present at the bid opening. Should the designated bidder appoint a 
representative for this sale, they must submit in writing a notarized 
lawfully executed document identifying the level of capacity given to 
the designated representative signed by both parties. The designated 
bidder or its representative will have the opportunity to meet and 
accept the high bid as the purchase price. Should the designated bidder 
or its representative refuse to meet the high bid, the bidder 
submitting the high bid will be declared the successful bidder in 
accordance with 43 CFR 2711.3-2(c). Should the designated bidder meet 
the high bid, a 20 percent deposit immediately following the close of 
the sale must be submitted in the form of a certified check, postal 
money order, bank draft, cashier's check or any combination thereof, 
and made payable to the DOI-BLM. Bidders submitting matching high bid 
amounts for a parcel will be given an opportunity to submit a 
supplemental sealed bid.
    Bid deposits submitted by unsuccessful bidders will be returned by 
United States mail or upon presentation of photo identification at the 
Rock Springs Field Office.
    The successful bidder will be allowed 180 days from the date of 
sale to submit the remainder of the full bid price in the form of a 
certified check, money order, bank draft, cashier's check, or any 
combination thereof, made payable to the DOI-BLM. Personal and company 
checks will not be accepted. Arrangements for electronic fund transfer 
to the BLM for the payment balance due shall be made a minimum of 2 
weeks prior to the payment date. Failure to submit the remainder of the 
full bid price prior to but not including the 180th day following the 
day of the sale, will result in the forfeiture of the 20 percent bid 
deposit to the BLM in accordance with 43 CFR 2711.3-1(d), and the 
parcel will be offered to the second high bidder at their original bid. 
No exceptions will be made. If no successful bids are received, then 
the parcels will remain available for sale on a continuing basis in 
accordance with competitive sale procedures found at 43 CFR 2711.3-1 
without further legal notice. Bids submitted for unsold parcels will be 
opened on a monthly basis on the first Friday of each month at 10 a.m. 
MT at the Rock Springs Field Office, for a 6 month period.
    The Federal law requires that qualified bidders must be: (a) A 
United States citizen 18 years of age or older; (b) A corporation 
subject to the laws of any State or of the United States; (c) A State, 
State instrumentality, or political subdivision authorized to hold real 
property; or (d) An entity legally capable of conveying and holding 
lands, or interests therein, under the laws of the State of Wyoming. 
Where applicable, the entity shall also meet the requirements of (a) 
and (b) of this section. United States citizenship is evidenced by 
presenting a birth certificate, passport or naturalization papers. 
Failure to submit the appropriate documents to BLM concurrently with 
the bid shall result in the ineligibility of the bidder.
    Within 30 days of the sale, the BLM will provide written acceptance 
or rejection of all bids received. Pursuant to 43 CFR 2711.3-1, a bid 
is the bidder's offer to the BLM to purchase the parcel. No contractual 
or other rights against the United States may accrue until the BLM 
officially accepts the offer to purchase and the full bid price is 
submitted by the 180th day following the sale. Any name changes and all 
supporting documentation must be received at the Rock Springs Field 
Office within 30 days after the sale; otherwise, the patent will be 
issued to

[[Page 68695]]

the name(s) on the bidder statement that is completed and submitted. To 
change the name on the bidder statement, the successful bidder must 
notify the Rock Springs Field Office in writing, and submit a new 
Certificate of Eligibility bidder statement.
    The parcel is subject to limitations prescribed by law and 
regulation, and certain encumbrances in favor of third parties. Prior 
to patent issuance, the holder of any right-of-way (ROW) within the 
parcel will be given the opportunity to amend the ROW for conversion to 
a new term, including perpetuity, if applicable, or conversion to an 
easement. The BLM will notify valid existing ROW holders of record of 
their ability to convert their compliant ROWs to perpetual ROWs or 
easements. In accordance with 43 CFR 2807.15, once notified each valid 
holder may apply for the conversion of their current authorization.
    The patent, if issued, will be subject to all valid existing rights 
documented at the time of patent issuance, including the following 
terms, conditions, and reservations:
    1. A right-of-way thereon for ditches or canals constructed by the 
authority of the United States, Act of August 30, 1890 (43 U.S.C. 945);
    2. All minerals, together with the right to prospect for, mine, and 
remove such deposits from the same under applicable law and such 
regulations as the Secretary of the Interior may prescribe;
    3. Right-of-way WYE-020800 for Federal-Aid Highway purposes granted 
to Wyoming Department of Transportation (WYDOT), its successors or 
assigns pursuant to the Act of November 9, 1921 (42 STAT 216);
    4. Right-of-way WYW-50037 for power transmission line purposes 
granted to PacifiCorp, its successors or assigns pursuant to the Act of 
March 4, 1911 (43 U.S.C. 961);
    5. Right-of-way WYW-70796 for oil and gas pipeline purposes granted 
to Questar Overthrust Pipeline Company, its successors or assigns 
pursuant to the Act of February 25, 1920 (30 U.S.C. 185);
    6. Right-of-way WYW-79512 for telephone purposes granted to Qwest 
Corporation, its successors or assigns pursuant to the Act of October 
21, 1976 (43 U.S.C. 1761);
    7. Right-of-way WYW-80361 for oil and gas pipeline purposes granted 
to Questar Pipeline Company, its successors or assigns pursuant to the 
Act of February 25, 1920 (30 U.S.C. 185);
    8. Right-of-way WYW-81162 for power transmission line purposes 
granted to PacifiCorp, its successors or assigns pursuant to the Act of 
October 21, 1976 (43 U.S.C. 1761);
    9. Right-of-way WYW-87149 for road purposes granted to the County 
of Sweetwater, its successors or assigns pursuant to the Act of October 
21, 1976 (43 U.S.C. 1761);
    10. Right-of-way WYW-96259 for telephone purposes granted to US 
Sprint, its successors or assigns pursuant to the Act of October 21, 
1976 (43 U.S.C. 1761);
    11. Right-of-way WYW-107528 for oil and gas pipeline purposes 
granted to Mountain Gas Resources, Inc., its successors or assigns 
pursuant to the Act of February 25, 1920 (30 U.S.C. 185);
    12. Right-of-way WYW-128022 for material site purposes granted to 
the Federal Highway Administration, its successors or assigns pursuant 
to the Act of August 27, 1958 (23 U.S.C. 317(A));
    13. Right-of-way WYW-145982 for telephone purposes granted to Qwest 
Corporation, its successors or assigns pursuant to the Act of October 
21, 1976 (43 U.S.C. 1761);
    14. Right-of-way WYW-147666 for telephone purposes granted to 
Broadwing Communication Services Inc., its successors or assigns 
pursuant to the Act of October 21, 1976 (43 U.S.C. 1761);
    15. Right-of-way WYW-153742 for telephone purposes granted to AT&T, 
its successors or assigns pursuant to the Act of October 21, 1976 (43 
U.S.C. 1761);
    16. Right-of-way WYW-154579 for communication site purposes granted 
to Union Telephone Company, Inc., its successors or assigns pursuant to 
the Act of October 21, 1976 (43 U.S.C. 1761);
    17. Right-of-way WYW-155228 for Federal-Aid Highway purposes 
granted to WYDOT, its successors or assigns pursuant to the Act of 
August 27, 1958 (23 U.S.C. 317(A));
    18. Right-of-way WYW-167654 for oil and gas purposes granted to 
Questar Overthrust Pipeline Company, its successors or assigns pursuant 
to the Act of February 25, 1920 (30 U.S.C. 185);
    19. Right-of-way WYW-167751 for power transmission line purposes 
granted to PacifiCorp, its successors or assigns pursuant to the Act of 
October 21, 1976 (43 U.S.C 1761);
    20. Right-of-way WYW-083175 for Federal-Aid Highway purposes 
granted to WYDOT, its successors or assigns pursuant to the Act of 
November 9, 1921 (42 STAT 216); and
    21. Right-of-way WYW-0315246 for Federal-Aid Highway purposes 
granted to WYDOT, its successors or assigns pursuant to the Act of 
August 27, 1958 (23 U.S.C. 317(A)).
    By accepting this patent, the patentee agrees to indemnify, defend 
and hold the United States harmless from any costs, damages, claims, 
causes of action, penalties, fines, liabilities and judgments of any 
kind or nature arising from the past, present, and future acts or 
omissions of the patentee, its employees, agents, contractors, lessees 
or any third-party, arising out of, or in connection with, the 
patentee's use, occupancy, or operations on the patented real property. 
This indemnification and hold harmless agreement includes, but is not 
limited to, acts and omissions of the patentee, its employees, agents, 
contractors, lessees or third party arising out of or in connection 
with the use and/or occupancy of the patented real property resulting 
in: (1) Violations of Federal, State, and local laws and regulations 
applicable to the real property; (2) Judgments, claims or demands of 
any kind assessed against the United States; (3) Costs, expenses, 
damages of any kind incurred by the United States; (4) Other releases 
or threatened releases on, into or under land, property and other 
interests of the United States by solid or hazardous waste(s) and/or 
hazardous substances(s), as defined by Federal or State environmental 
laws; (5) Other activities by which solid or hazardous substances or 
wastes, as defined by Federal and State environmental laws were 
generated, released, stored, used or otherwise disposed of on the 
patented real property, and any cleanup response, 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 patented real property and may be enforced by the United States in 
a court of competent jurisdiction.
    The parcels may be subject to land use applications received if 
processing the application would have no adverse effect on the 
marketability of title, or the FMV of the parcels. Encumbrances of 
record, appearing in the case files for the parcels offered for sale, 
are available for review during business hours, 7:45 a.m. to 4:30 p.m. 
MT, Monday through Friday, at the Rock Springs Field Office, except 
during federally recognized holidays.
    The BLM will not sign any documents related to 1031 Exchange 
transactions. The timing for completion of an exchange is the bidder's 
responsibility. The BLM cannot be a party to any 1031 Exchange.

[[Page 68696]]

    In order to determine the FMV through appraisal, certain 
extraordinary assumptions and hypothetical conditions may have been 
made concerning the attributes and limitations of the land and 
potential effects of local regulations and policies on potential future 
land uses. Through publication of this notice, the BLM advises that 
these assumptions may not be endorsed or approved by units of local 
government. It is the buyer's responsibility to be aware of all 
applicable Federal, State and local government laws, regulation and 
policies. This guidance may affect the subject lands, including any 
required dedication of lands for public uses. It is the buyer's 
responsibility to be aware of existing or projected use 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 through due diligence of 
those laws, regulations and policies, and to seek any required 
approvals for future uses. Buyers should also make themselves aware of 
any Federal or State law or regulation that may affect the future use 
of the property. Any land lacking access from a public road or highway 
will be conveyed as such and future access acquisition will be the 
responsibility of the buyer.
    Information concerning the sale, appraisals, reservations, sale 
procedures and conditions, Comprehensive Environmental Response, 
Compensation and Liability Act, maps and other environmental documents 
and mineral report is available for review at the Rock Springs Field 
Office.
    Before including your address, phone number, email 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 may 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. The 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 a 
business or organization.
    Any adverse comments regarding the sale will be reviewed by the 
Wyoming State Director or other authorized official of the Department 
of Interior who may sustain, vacate or modify this realty action. In 
the absence of any adverse comments, this realty action will become the 
final determination of the Department of the Interior.

    Authority:  43 CFR 2711.1-2

Donald A. Simpson,
State Director, Wyoming.
[FR Doc. 2014-27209 Filed 11-17-14; 8:45 am]
BILLING CODE 4310-22-P