Notice of Realty Action: Direct Sale of Public Land in Saguache County, CO, 55982-55983 [2019-22714]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 84, Number 202 (Friday, October 18, 2019)]
[Notices]
[Pages 55982-55983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22714]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCOF07000.L14400000.EU0000.19X; COC-78399]


Notice of Realty Action: Direct Sale of Public Land in Saguache 
County, CO

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) is proposing a direct 
(non-competitive) sale of 0.21 acre of public land in Saguache County, 
Colorado to Lucky 3 (Lucky 3), Inc. The appraised fair market value for 
the sale parcel is $350. The direct sale will resolve an inadvertent 
unauthorized occupancy on the subject public land under Sections 203 
and 209 of the Federal Land Policy and Management Act (FLPMA) of 1976 
and BLM land sale regulations.

DATES: Written comments must be received no later than December 2, 
2019.

ADDRESSES: Mail written comments to Associate Field Manager, BLM 
Gunnison Field Office, 210 W Spencer Ave., Suite A, Gunnison, CO 81230. 
Written comments may also be emailed to 
[email protected]. A copy of the Environmental 
Assessment (EA) is available online at https://go.usa.gov/xPm2b.

FOR FURTHER INFORMATION CONTACT: Marnie Medina, Realty Specialist, by 
telephone (970) 642-4954 or by email at [email protected]. Persons who 
use a telecommunications device for the deaf (TDD) may call the Federal 
Relay Service (FRS) at 1-800-877-8339 to contact the above individual 
during normal business hours. The FRS 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: In 1998, Lucky 3 acquired private land 
adjacent to public land south of Cochetopa Park. Due to a 
miscommunication between Lucky 3 and its land surveyor, Lucky 3 
inadvertently constructed a cabin, an underground propane tank, and a 
septic tank on the adjacent public land. Lucky 3 later discovered its 
error with the land status and notified the BLM, which now proposes to 
resolve this nonwillful, inadvertent trespass through a direct sale.
    The sale meets the criteria for a direct sale in accordance with 
FLPMA, Section 203(a)(3) and 43 CFR 2711.3-3(a). Direct sales (without 
competition) may be used when, in the opinion of the authorized 
officer, a competitive sale is not appropriate and the public interest 
would best be served by a direct sale.
    A mineral potential report was completed on September 10, 2018, 
which found that the mineral potential for the parcel is low to none. 
The criteria established in FLPMA Section 209(b)(1)(2) allows transfer 
of the minerals to the surface owner if a reservation would interfere 
with or preclude the current residential use of the parcel and that 
such residential development is a more beneficial use of the land than 
potential mineral development. Since the property is encumbered with 
development, transferring the minerals would protect the private 
structures from potential mineral development on the property. Current 
development on the 0.21-acre parcel includes: A cabin on a poured 
concrete foundation with a patio, a covered patio, a deck, and stairs 
to the deck; an underground propane tank; an underground septic tank; 
and associated buried pipes for propane, water, and sewage. A water 
well that services the cabin is located on the adjacent private 
property about 35 feet from the property boundary. Any mineral 
development on the parcel would likely require removal of the 
improvements. Given that the mineral potential on the parcel is low to 
none, the current residential use of the

[[Page 55983]]

parcel is the most beneficial use of the property. In accordance with 
BLM regulations, the BLM authorized officer finds the public interest 
would best be served by conducting a direct sale pursuant to 43 CFR 
2711.3-3(a)(5). This regulation allows a direct sale when a need exists 
to resolve inadvertent unauthorized use or occupancy of the lands.
    The subject parcel, which is approximately 30 miles southeast of 
Gunnison, Colorado, at the southern end of Cochetopa Park in Saguache 
County and is legally described as:

New Mexico Principal Meridian, Colorado

T. 45 N, R. 2 E,
    sec. 24, lot 4.

    The area described contains 0.21 acres.
    This direct sale is in conformance with the BLM Gunnison 
Resource Area Approved Resource Management Plan, approved in 
February 1993.

    In conformance with the National Environmental Policy Act, a 
parcel-specific EA document numbered DOI-BLM-CO-F070-2017-0010-EA was 
prepared in connection with this Notice (see ADDRESSES). Based on the 
EA, a signed and approved Finding of No Significant Impact and a 
Decision dated October 5, 2018, the BLM is proceeding with the direct 
sale pending publication of this Notice.
    Pursuant to the requirements of 43 CFR 2711.1-2(d), publication of 
this Notice in the Federal Register will segregate the land from all 
forms of appropriation under the public land laws, including the mining 
laws, except for the sale provisions of FLPMA. Until completion of the 
direct sale, the BLM will no longer accept land use applications 
affecting the public land. The segregative effect will terminate upon 
issuance of a patent, publication in the Federal Register or on a 
termination of the segregation, or on October 18, 2021 unless extended 
by the BLM Colorado State Director in accordance with 43 CFR 2711.1-
2(d) prior to the termination date.
    The patent, if issued, will be subject to the following terms, 
conditions, and reservations:
    1. Reservation of rights-of-way thereon for ditches and canals 
constructed by the authority of the United States Act of August 30, 
1890 (43 U.S.C. 945);
    2. All valid existing rights issued prior to conveyance; and
    3. An appropriate indemnification clause protecting the United 
States from claims arising out of the patentee's use, occupancy, or 
occupation on the patented land.
    Information concerning the direct sale, appraisal, reservations, 
procedures and conditions, and other environmental documents that may 
appear in the BLM public files for this direct sale parcel are 
available for review during normal business hours, Monday through 
Friday, except during Federal holidays, at the BLM Gunnison Field 
Office (see ADDRESSES).
    All interested parties will receive a copy of this Notice once it 
is published in the Federal Register. The BLM will publish this Notice 
in the Valley Courier newspaper once a week for 3 consecutive weeks.
    Before including your address, phone number, email address, or 
other personal identifying information in your comments, 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.
    Any adverse comments regarding this direct sale will be reviewed by 
the BLM State Director or other authorized official of the Department 
of the Interior, who may sustain, vacate, or modify this realty action 
in whole or in part. In the absence of any timely filed objections, 
this realty action will become the final determination of the 
Department of the Interior.

(Authority: 43 CFR 2711).

Jamie E. Connell,
Colorado State Director.
[FR Doc. 2019-22714 Filed 10-17-19; 8:45 am]
 BILLING CODE 4310-JB-P