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)
Bureau of Land Management
Federal Register Volume 83, Issue 157 (August 14, 2018)
| Page Range | 40331-40332 | |
| FR Document | 2018-17385 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 jgoodlow@blm.gov. 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
![Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices 40331
aware of all applicable Federal, state, exchange is the bidder’s responsibility ACTION: Notice of realty action.
and local government policies and in accordance with Internal Revenue
regulations that would affect the subject Service regulations. The BLM is not a SUMMARY: The Bureau of Land
lands. It is also the buyer’s party to any 1031 Exchange. Management (BLM) is proposing a non-
responsibility to be aware of existing or In order to determine the FMV competitive (direct) sale of 16.87 acres
prospective uses of nearby properties. through appraisal, certain extraordinary of public land in Gila County, Arizona,
Lands without access from a public road assumptions and hypothetical to Mrs. Barbara Lubich. The sale would
or highway will be conveyed as such, conditions are made concerning the take place under the provisions of
and future access acquisition will be the attributes and limitations of the land Sections 203 of the Federal Land Policy
responsibility of the buyer. and potential effects of local regulations and Management Act of 1976, as
The parcels may be subject to land and policies on potential future land amended (FLPMA), at no less than the
use applications received prior to uses. Through publication of this appraised fair market value.
publication of this notice if processing Notice, the BLM advises that these DATES: Interested parties may submit
the application would have no adverse assumptions may not be endorsed or written comments regarding the
effect on the marketability of title, or the approved by units of local Government. proposed direct sale on or before
FMV of the parcel. Encumbrances of In accordance with 43 CFR 2711.3– September 28, 2018.
record, appearing in the case file are 1(f), the BLM may accept or reject any ADDRESSES: Send public comments to
available for review during business or all offers to purchase, or withdraw Edward J. Kender, Field Manager, BLM
hours, 7:30 a.m. to 4:30 p.m., Pacific any parcel of land or interest therein Lower Sonoran Field Office, 21605
Time, Monday through Friday at the from sale, if, in the opinion of the BLM North 7th Avenue, Phoenix, AZ 85027.
BLM Caliente Field Office, except authorized officer, consummation of the The BLM will not consider comments
during Federally-recognized holidays. sale would be inconsistent with any received in electronic form, such as
The parcels are subject to limitations law, or for other reasons. email or facsimile. Detailed information
prescribed by law and regulation, and In order for your comment to be concerning the proposed land sale,
prior to patent issuance, a holder of any considered properly filed, it must be in including an appraisal, a mineral report,
ROW within the parcels will be given writing and submitted by postal service and planning and environmental
the opportunity to amend the ROW for or overnight mail, to the Field Manager, documents, are available for review at
conversion to a new term, including BLM Caliente Field Office. the BLM Lower Sonoran Field Office or
perpetuity, if applicable, or to an Before including your address, phone by calling 623–580–5500 during normal
easement. number, email address, or other business hours of 7:30 a.m.–4:15 p.m.,
The BLM will notify valid existing personal identifying information in your Monday through Friday, except for
ROW holders of their ability to convert comment, you should be aware that Federal holidays. An Environmental
their compliant ROW to perpetual ROW your entire comment, including your Assessment that analyzes the impact
or easements. Each valid holder will be personal identifying information, may from the proposed direct land sale is
notified in writing of their rights and be made publicly available at any time. available on the BLM’s ePlanning
then must apply for the conversion of While you can ask us in your comment website at https://go.usa.gov/xQT2Z.
their current authorization. to withhold your personal identifying
Unless other satisfactory FOR FURTHER INFORMATION CONTACT: Jo
information from public review, we Ann Goodlow, Realty Specialist, at the
arrangements are approved in advance cannot guarantee that we will be able to
by a BLM authorized officer, above address; phone: 623–580–5548; or
do so. by email at jgoodlow@blm.gov. Persons
conveyance of title shall be through the Any adverse comments will be
use of escrow. Designation of the escrow who use a telecommunications device
reviewed by the BLM Nevada State for the deaf (TDD) may call the Federal
agent shall be through mutual Director or other authorized official of
agreement between the BLM and the Relay Service (FRS) at 1–800–877–8339
the Department of the Interior, who may to contact the above individual during
prospective patentee, and costs of sustain, vacate, or modify this realty
escrow shall be borne by the prospective normal business hours. The FRS is
action. In the absence of any comments, available 24 hours a day, 7 days a week,
patentee. this realty action will become the final
Requests for all escrow instructions to leave a message or question with the
determination of the Department of the above individual. Replies will be made
must be received by the BLM Caliente Interior.
Field Office 30 days before the during normal business hours.
scheduled closing date. There are no Authority: 43 CFR 2711.1–2. SUPPLEMENTARY INFORMATION: The BLM
exceptions. Chris Carlton, is considering a direct sale for the
All name changes and supporting Caliente Field Manager.
following parcel subject to the
documentation must be received at the applicable provisions of Sections 203 of
[FR Doc. 2018–17383 Filed 8–13–18; 8:45 am]
BLM Caliente Field Office 30 days from FLPMA, and 43 CFR parts 2711:
BILLING CODE 4310–HC–P
the date of the high bidder letter by 4:00 Gila and Salt River Meridian, Arizona
p.m. Pacific Standard Time. Name
T. 1 N, R. 14 E,
changes will not be accepted after that DEPARTMENT OF THE INTERIOR Sec. 36, lot 16.
date. To submit a name change, the high
Containing 16.87 acres, more or less.
bidder must submit the name change on Bureau of Land Management
the Certificate of Eligibility form to the The BLM is proposing a non-
BLM, Caliente Field Office in writing. [13X.LLAZP02000.L71220000.EU0 competitive (direct) sale of
amozie on DSK3GDR082PROD with NOTICES1
000.LVTFA1358690.241A; AZA–33050] approximately 16.87 acres of public
Certificate of Eligibility forms are
available at the Caliente Field Office Notice of Realty Action: Proposed lands, which will resolve an
and at the BLM website listed in the Non-Competitive (Direct) Sale of Public unauthorized occupancy on public
ADDRESSES section. Land in Gila County, AZ lands predating mining regulations. The
The BLM will not sign any documents parcel proposed for sale is the smallest
related to 1031 Exchange transactions. AGENCY: Bureau of Land Management, size possible to resolve the
The timing for completion of the Interior. unauthorized occupancy. The BLM
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![40332 Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices
identified the parcel as suitable for 2. All mineral deposits in the lands so SUMMARY: The Bureau of Land
disposal in the Lower Sonoran Record patented, and to it, or persons Management (BLM) has examined and
of Decision and Resource Management authorized by it, the right to prospect found suitable for classification for
Plan, approved September 2012, for, mine, and remove such deposits conveyance to Lake Havasu City (LHC)
decision LR–2.1.1, which allows for the from the same under applicable law and under the provisions of the Recreation
disposal of public lands suitable for regulations to be established by the and Public Purposes (R&PP) Act, as
disposal via any disposal method, Secretary of the Interior are reserved to amended, section 7 of the Taylor
including through sale procedures, on a the United States, together with all Grazing Act, and Executive Order 6910,
case-by-case basis. The direct sale necessary access and exit rights; approximately 1,042.11 acres of public
proposal meets the criteria for disposal 3. A condition that the conveyance be land in Mohave County, Arizona. The
of public land in Section 203(a)(1), (d) subject to valid existing rights of record, land is subject to a lease to LHC under
and (f) of FLPMA and regulations in 43 including right-of-way AZA–32517 to the R&PP Act, and is used for a city park
CFR 2710.0–3(a)(3) and 43 CFR 2711.3– the Arizona Public Service Company, its also commonly known as Special
3(a)(5). The BLM proposes to offer the successors or assigns, pursuant to the Activities Recreation Area (SARA) Park.
lands to Mrs. Barbara Lubich on a non- Act of October 21, 1976 (43 U.S.C. This action will classify the lands for
competitive basis pursuant to 43 CFR 1761); conveyance so they can be patented and
2711.3–3(a)(5), because a direct sale 4. An appropriate indemnification title given to LHC.
would resolve the unauthorized clause protecting the United States from DATES: Interested parties may submit
occupancy of these lands and best serve claims arising out of the patentee’s use, written comments regarding the
the public interest. occupancy, or operations on the proposed classification for lease and/or
Upon publication of this notice in the patented land; and conveyance of public land on or before
Federal Register, the above-described 5. Additional terms and conditions September 28, 2018. In the absence of
lands will be segregated from all forms that the authorized officer deems any adverse comments, the
of appropriation under the public land appropriate. classification will take effect on October
laws, including mining laws, except for Any adverse comments regarding this 15, 2018.
the sale provisions of FLPMA. The sale will be reviewed by the BLM State ADDRESSES: Address comments to Jason
segregation will terminate upon Director or other authorized official of West, Field Manager, BLM Lake Havasu
issuance of a patent, publication in the the Department of the Interior, who may Field Office, 1785 Kiowa Avenue, Lake
Federal Register of a termination of the sustain, vacate, or modify this realty Havasu City, AZ 86403. Detailed
segregation, or on August 14, 2020, by action in whole or in part. In the information concerning this action is
the BLM Arizona State Director in absence of timely filed objections, this available at this address.
accordance with 43 CFR 2711.1–2(d) realty action will become the final FOR FURTHER INFORMATION CONTACT:
prior to the termination date. determination of the Department of the Sheri Ahrens, Realty Specialist, at the
Terms and Conditions: All minerals Interior. Before including your address, above address; phone 928–505–1200; or
for the sale parcel will be reserved to the phone number, email address, or other by email at sahrens@blm.gov. Persons
United States. The patent, when issued, personally identifiable information in who use a telecommunications device
will contain a mineral reservation to the your comment, you should be advised for the deaf (TDD) may call the Federal
United States for all minerals. To clarify that your entire comment—including Relay Service (FRS) at 1–800–877–8339
this, mineral reservation as it relates to your personal identifying information— to contact the above individual during
mineral materials, such as sand and may be made publicly available at any normal business hours. The FRS is
gravel, interested parties will be referred time. While you can ask us in your available 24 hours a day, 7 days a week,
to regulation 43 CFR 3601.71(b), which comment to withhold from public to leave a message or question for the
provides that the owner of the surface review your personal identifying above individual. You will receive a
estate of lands with reserved Federal information, we cannot guarantee that reply during normal business hours.
minerals may ‘‘use a minimal amount of we will be able to do so. SUPPLEMENTARY INFORMATION: The
mineral materials for . . . personal use’’ (Authority: 43 CFR 2711.1–2) following described public lands in
within the boundaries of the surface Mohave County, Arizona, are being
estate without a sales contract or permit. Edward J. Kender,
considered for an R&PP conveyance.
The regulation provides that all other Field Manager, Lower Sonoran Field Office.
use, absent statutory or other express [FR Doc. 2018–17385 Filed 8–13–18; 8:45 am] Gila & Salt River Meridian, Arizona
authority, requires a sales contract or BILLING CODE 4310–32–P T. 13 N., R. 19 W.
permit. Section 20, N1⁄2SE1⁄4, SE1⁄4SE1⁄4,
The public land would not be offered Section 21, S1⁄2,
for sale to Mrs. Barbara Lubich until at DEPARTMENT OF THE INTERIOR Section 22, Lot 4, N1⁄2SW1⁄4SW1⁄4,
least October 15, 2018, at no less than SW1⁄4SW1⁄4SW1⁄4,
the appraised fair market value. A copy Bureau of Land Management Section 28, N1⁄2, N1⁄2S1⁄2,
of the approved appraisal report is Section 29, E1⁄2NE1⁄4, NE1⁄4SE1⁄4.
available at the address above, see [18X.LLAZC03000.L1440000.EQ0000; The area described contains
ADDRESSES. The patent, when issued to AZA007567] approximately 1,042.11 acres in Mohave
Mrs. Barbara Lubich (who will become County, Arizona. The lands are not
the patentee), will be subject to the Notice of Realty Action: Classification needed for any other Federal purposes.
amozie on DSK3GDR082PROD with NOTICES1
following terms, conditions, and of Lands for Recreation and Public Conveying title to the affected public
reservations: Purposes Act Conveyance of Public land is consistent with current BLM
1. A reservation of a right-of-way to Land in Mohave County, AZ land use planning and would be in the
the United States for ditches and canals AGENCY: Bureau of Land Management, public interest.
constructed by authority of the United Interior. The patent, when issued, would be
States under the Act of August 30, 1890 subject to the following terms,
ACTION: Notice of realty action.
(43 U.S.C. 945); conditions, and reservations:
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Document Created: 2018-08-14 02:19:19
Document Modified: 2018-08-14 02:19:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Proposed Non-Competitive (Direct) Sale of Public Land in Gila County, AZ | |
| Dates | Interested parties may submit written comments regarding the proposed direct sale on or before September 28, 2018. | |
| Contact | Jo Ann Goodlow, Realty Specialist, at | |
| FR Citation | 83 FR 40331 |
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