Notice of Realty Action: Modified Competitive Sale of Public Land in Emery County, Utah, 73616-73617 [2023-23632]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Notices]
[Pages 73616-73617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23632]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[BLM_UT_FRN_MO4500170045]


Notice of Realty Action: Modified Competitive Sale of Public Land 
in Emery County, Utah

AGENCY: Bureau of Land Management.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) proposes a modified 
competitive sale of an 80-acre parcel of public land in Emery County, 
Utah. The parcel would be offered for sale pursuant to the John D. 
Dingell Jr., Conservation, Management, and Recreation Act. The sale 
would be subject to the applicable provisions of the Federal Land 
Policy and Management Act of 1976 (FLPMA), as amended, and BLM land 
sale regulations. The surface estate would be sold for no less than the 
appraised fair market value of $34,000.

DATES: Interested parties must submit written comments, postmarked, or 
delivered no later than December 11, 2023.
    The land would not be offered for sale until after December 26, 
2023.

ADDRESSES: Mail written comments or submit sealed bids to the BLM Price 
Field Office, Field Manager, 125 South 600 West, Price, UT 84501. 
Comments may also be emailed to [email protected]: with Parcel 15 Land 
Sale in the subject line or hand delivered to the BLM office during 
business hours, 8 a.m.- 4:30 p.m. Mountain Time, Monday through Friday, 
except during Federal holidays.

FOR FURTHER INFORMATION CONTACT: Patrick Ahrnsbrak, Realty Specialist, 
BLM Price Field Office, phone: 435-781-2753, or email: 
[email protected]. Individuals in the United States who are deaf, 
deafblind, hard of hearing, or have a speech disability may dial 711 
(TTY, TDD, or TeleBraille) to access telecommunications relay services. 
Individuals outside the United States should use the relay services 
offered within their country to make international calls to the point-
of-contact in the United States.

SUPPLEMENTARY INFORMATION: The parcel proposed for sale is isolated 
from large blocks of Federal land by private land ownership, and is 
therefore difficult and uneconomic to manage. Enyo Renewable Energy, 
LLC (Enyo) initially nominated the parcel for the sale. Enyo leased 
private lands surrounding the parcel to develop the Hornshadow Solar 
Project, which is a planned 300-megawatt solar photovoltaic (PV) power 
generation facility that has received a conditional use permit from 
Emery County. The proposed development is to construct and operate 
solar PV facilities on lands adjoining the northern and southern 
boundaries of the BLM sale parcel, also known as Parcel 15. 
Subsequently, Enyo sold the Hornshadow Solar Project to DESRI 
Hornshadow Land Holdings, LLC, a wholly owned subsidiary of D.E. Shaw 
Renewable Investments (DESRI). DESRI has contributed to processing 
costs associated with the preparation of the modified competitive sale 
and has therefore been determined to be the designated bidder with the 
right to meet the highest bid.
    The following described public land in Emery County, Utah, located 
approximately three miles southeast of the town of Castle Dale, has 
been examined and found suitable for sale in accordance with section 
203 of FLPMA, as amended (43 U.S.C. 1713):

Parcel 15, UTU-95714

Salt Lake Meridian, Utah

T. 19 S., R. 8 E.
    Sec. 11, SE1/4SE1/4;
    Sec. 12, SW1/4SW1/4.

    The area described contains 80 acres, according to the official 
plat of the survey of the said land, on file with the BLM.

    The parcel proposed for modified competitive sale would include the 
conveyance of the surface interest of the United States in accordance 
with section 203 of FLPMA (43 U.S.C. 1713). All mineral interest will 
be reserved to the United States in accordance with FLPMA section 209 
(43 U.S.C. 1719).
    No warranty of any kind, express or implied, is given by the United 
States as to the title, whether or to what extent the land may be 
developed, its physical condition, future uses, or any other 
circumstance or condition. The conveyance of any parcel would not be on 
a contingency basis. However, to the extent required by law, the parcel 
is subject to the requirements of section 120(h) of the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA).
    The proposed sale conforms with the BLM Price Field Office Resource 
Management Plan (RMP), approved in October 2008. The lands are 
identified as available for disposal and listed by the legal 
description in Appendix R-11 of the RMP. A parcel-specific 
environmental assessment (EA), document number DOI-BLM-UT-G020-2022-
0009-EA, was prepared in connection with this realty action and may be 
viewed at https://

[[Page 73617]]

eplanning.blm.gov/eplanning-ui/project/2017592/510.
    The parcel proposed for sale has been found appropriate for 
conveyance under section 203 of FLPMA, and consistent with the 
following criteria: 43 CFR 2710.0-3(a)(2), ``disposal of such tract 
shall serve important public objectives . . .''; and 43 CFR 2710.0-
3(a)(3), ``such tract, because of its location or other characteristics 
is difficult and uneconomic to manage as part of the public lands and 
is not suitable for management by another Federal department or 
agency.'' The parcel has been proposed for potential future renewable 
energy development, which has been identified as an important public 
objective. The parcel is isolated from other public lands and has no 
legal public access making it difficult and uneconomic to manage. 
Because this parcel is isolated from other public lands, has no legal 
public access, does not contain suitable or occupied habitat for 
federally protected species, or contain other protected resources, it 
is neither needed for any identified Federal purposes, nor suitable for 
management by another Federal agency.
    Proceeds from the sale would be deposited into the Emery County, 
Utah, Land Acquisition Account, according to Public Law 116-9, Sec. 
1253. Funds can be spent from that account to acquire inholdings in an 
Emery County wilderness area or the San Rafael Swell Recreation Area. 
If land acquisition opportunities are not available, the funds could be 
used for the protection of cultural resources on Federal land in Emery 
County.
    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 
sale, the BLM will no longer accept land use applications affecting the 
public land. The effect of this segregation will terminate upon 
issuance of a patent, publication in the Federal Register of a 
termination of the segregation, or two years after the date of 
publication in the Federal Register, unless extended by the BLM Utah 
State Director in accordance with 43 CFR 2711.1-2(d) prior to the 
termination date.
    Sale Procedures: In accordance with 43 CFR 2711.3-2, modified 
competitive bid procedures can be used when the authorized officer 
determines it is necessary to recognize equitable considerations or 
public policies and may include, ``offering to designated bidders the 
right to meet the highest bid'' (2711.3-2(a)(1)(i)), or ``a limitation 
of persons permitted to bid on a specific tract of land offered for 
sale'' (2711.3-2(a)(1)(ii)). Due to limited access, the parcel would be 
offered by modified competitive sale where the bidders are limited to 
adjacent landowners or entities with current legal access to the 
parcel. Because of its contribution to processing costs, and existing 
policy to promote renewable energy development, DESRI would be 
designated the right to meet the highest bid. The purpose of the sale 
is to implement land tenure adjustment decisions in the RMP.
    Sealed bids for Parcel 15 must be submitted to the BLM Price Field 
Office at 125 South 600 West, Price, UT 84501, not later than 4 p.m. 
Mountain Time on December 26, 2023. Bid envelopes must be marked on the 
lower left front corner as follows: Parcel 15 Land Sale--Sealed Bid. 
Bids must be for not less than the appraised fair market value of 
$34,000 as stated in this notice. Each sealed bid shall be accompanied 
by a certified check, postal money order, bank draft, or cashier's 
check made payable to the Department of the Interior, BLM, for not less 
than 10 percent of the bid amount. DESRI must also submit a sealed bid 
according to the provisions above to indicate their continued interest 
in the parcel and will then be given the opportunity to meet the 
highest bid. The remainder of the full bid price must be paid by the 
successful bidder within 180 calendar days of the date of sale. Failure 
to pay the full price within 180 days will disqualify the apparent high 
bidder and cause the bid deposit to be forfeited to the BLM. Bid 
deposits submitted by unsuccessful bidders will be returned.
    If the parcel is not sold pursuant to this notice, it may remain 
available to non-competitive offers for no less than the fair market 
value. The acceptance or rejection of any offer to purchase the parcel 
shall be given in writing by the BLM authorized officer no later than 
30 days after receipt of such offer unless the offeror waives this 
right.
    The conveyance document, if issued, will include the following 
terms, covenants, conditions, and reservations:
    1. A reservation to the United States for ditches and canals 
constructed by the authority of the United States under the Act of 
August 30, 1890;
    2. A reservation to the United States of all mineral rights;
    3. Valid existing rights issued prior to conveyance, including Oil 
and Gas Lease UTU-91334 and Grazing Permit UT25050 (subject to 2-year 
cancellation notice); and
    4. Additional terms and conditions that the authorized officer 
deems appropriate.
    The EA, maps, and associated documents are available for review at 
the location listed in the ADDRESSES section.
    Interested parties and the public may submit in writing any 
comments concerning the land being considered for sale, including 
notification of any encumbrances or other claims relating to the 
identified land, to Parcel 15 Land Sale, BLM Price Field Office, at the 
address listed in the ADDRESSES section by the deadline listed in the 
DATES section.
    Comments may also be emailed to [email protected] with Parcel 15 
Land Sale in the subject line, or hand delivered to the BLM office 
during business hours, 8 a.m.-4:30 p.m. Mountain Time, Monday through 
Friday, except during Federal holidays, at the address listed in the 
ADDRESSES section.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, be aware that 
your entire comment, including your personal identifying information, 
may be made publicly available at any time. The BLM will not consider 
comments received via telephone calls.
    The BLM Utah State Director will review adverse comments regarding 
the parcel and may sustain, vacate, or modify this realty action, in 
whole or in part. In the absence of timely adverse comments, this 
realty action will become the final determination of the Department of 
the Interior. The BLM may accept or reject any or all offers or 
withdraw any land or interest in land from sale.

(Authority: 43 CFR 2710 and Pub. L. 116-9, sec. 1253)

Gregory Sheehan,
State Director.
[FR Doc. 2023-23632 Filed 10-25-23; 8:45 am]
BILLING CODE 4331-25-P