83 FR 40331 - Notice of Realty Action: Proposed Non-Competitive (Direct) Sale of Public Land in Gila County, AZ

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 83, Issue 157 (August 14, 2018)

The Bureau of Land Management (BLM) is proposing a non- competitive (direct) sale of 16.87 acres of public land in Gila County, Arizona, to Mrs. Barbara Lubich. The sale would take place under the provisions of Sections 203 of the Federal Land Policy and Management Act of 1976, as amended (FLPMA), at no less than the appraised fair market value.

[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Pages 40331-40332]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17385]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[13X.LLAZP02000.L71220000.EU0000.LVTFA1358690.241A; AZA-33050]


Notice of Realty Action: Proposed Non-Competitive (Direct) Sale 
of Public Land in Gila County, AZ

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 non-
competitive (direct) sale of 16.87 acres of public land in Gila County, 
Arizona, to Mrs. Barbara Lubich. The sale would take place under the 
provisions of Sections 203 of the Federal Land Policy and Management 
Act of 1976, as amended (FLPMA), at no less than the appraised fair 
market value.

DATES: Interested parties may submit written comments regarding the 
proposed direct sale on or before September 28, 2018.

ADDRESSES: Send public comments to Edward J. Kender, Field Manager, BLM 
Lower Sonoran Field Office, 21605 North 7th Avenue, Phoenix, AZ 85027. 
The BLM will not consider comments received in electronic form, such as 
email or facsimile. Detailed information concerning the proposed land 
sale, including an appraisal, a mineral report, and planning and 
environmental documents, are available for review at the BLM Lower 
Sonoran Field Office or by calling 623-580-5500 during normal business 
hours of 7:30 a.m.-4:15 p.m., Monday through Friday, except for Federal 
holidays. An Environmental Assessment that analyzes the impact from the 
proposed direct land sale is available on the BLM's ePlanning website 
at https://go.usa.gov/xQT2Z.

FOR FURTHER INFORMATION CONTACT: Jo Ann Goodlow, Realty Specialist, at 
the above address; phone: 623-580-5548; 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. Replies will be made during normal 
business hours.

SUPPLEMENTARY INFORMATION: The BLM is considering a direct sale for the 
following parcel subject to the applicable provisions of Sections 203 
of FLPMA, and 43 CFR parts 2711:

Gila and Salt River Meridian, Arizona

T. 1 N, R. 14 E,
    Sec. 36, lot 16.

    Containing 16.87 acres, more or less.

    The BLM is proposing a non-competitive (direct) sale of 
approximately 16.87 acres of public lands, which will resolve an 
unauthorized occupancy on public lands predating mining regulations. 
The parcel proposed for sale is the smallest size possible to resolve 
the unauthorized occupancy. The BLM

[[Page 40332]]

identified the parcel as suitable for disposal in the Lower Sonoran 
Record of Decision and Resource Management Plan, approved September 
2012, decision LR-2.1.1, which allows for the disposal of public lands 
suitable for disposal via any disposal method, including through sale 
procedures, on a case-by-case basis. The direct sale proposal meets the 
criteria for disposal of public land in Section 203(a)(1), (d) and (f) 
of FLPMA and regulations in 43 CFR 2710.0-3(a)(3) and 43 CFR 2711.3-
3(a)(5). The BLM proposes to offer the lands to Mrs. Barbara Lubich on 
a non-competitive basis pursuant to 43 CFR 2711.3-3(a)(5), because a 
direct sale would resolve the unauthorized occupancy of these lands and 
best serve the public interest.
    Upon publication of this notice in the Federal Register, the above-
described lands will be segregated from all forms of appropriation 
under the public land laws, including mining laws, except for the sale 
provisions of FLPMA. The segregation will terminate upon issuance of a 
patent, publication in the Federal Register of a termination of the 
segregation, or on August 14, 2020, by the BLM Arizona State Director 
in accordance with 43 CFR 2711.1-2(d) prior to the termination date.
    Terms and Conditions: All minerals for the sale parcel will be 
reserved to the United States. The patent, when issued, will contain a 
mineral reservation to the United States for all minerals. To clarify 
this, mineral reservation as it relates to mineral materials, such as 
sand and gravel, interested parties will be referred to regulation 43 
CFR 3601.71(b), which provides that the owner of the surface estate of 
lands with reserved Federal minerals may ``use a minimal amount of 
mineral materials for . . . personal use'' within the boundaries of the 
surface estate without a sales contract or permit. The regulation 
provides that all other use, absent statutory or other express 
authority, requires a sales contract or permit.
    The public land would not be offered for sale to Mrs. Barbara 
Lubich until at least October 15, 2018, at no less than the appraised 
fair market value. A copy of the approved appraisal report is available 
at the address above, see ADDRESSES. The patent, when issued to Mrs. 
Barbara Lubich (who will become the patentee), will be subject to the 
following terms, conditions, and reservations:
    1. A reservation of a right-of-way to the United States for ditches 
and canals constructed by authority of the United States under the Act 
of August 30, 1890 (43 U.S.C. 945);
    2. All mineral deposits in the lands so patented, and to it, or 
persons authorized by it, the right to prospect for, mine, and remove 
such deposits from the same under applicable law and regulations to be 
established by the Secretary of the Interior are reserved to the United 
States, together with all necessary access and exit rights;
    3. A condition that the conveyance be subject to valid existing 
rights of record, including right-of-way AZA-32517 to the Arizona 
Public Service Company, its successors or assigns, pursuant to the Act 
of October 21, 1976 (43 U.S.C. 1761);
    4. An appropriate indemnification clause protecting the United 
States from claims arising out of the patentee's use, occupancy, or 
operations on the patented land; and
    5. Additional terms and conditions that the authorized officer 
deems appropriate.
    Any adverse comments regarding this 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 timely filed objections, this 
realty action will become the final determination of the Department of 
the Interior. Before including your address, phone number, email 
address, or other personally identifiable information in your comment, 
you should be advised 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 from public review 
your personal identifying information, we cannot guarantee that we will 
be able to do so.

(Authority: 43 CFR 2711.1-2)

Edward J. Kender,
Field Manager, Lower Sonoran Field Office.
[FR Doc. 2018-17385 Filed 8-13-18; 8:45 am]
BILLING CODE 4310-32-P