From: Subject: FR Doc 07-4266 Date: Thu, 6 Sep 2007 23:33:46 -0700 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/07-4266.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3138 FR Doc 07-4266 
[Federal Register: August 30, 2007 (Volume 72, Number 168)]
[Notices]              =20
[Page 50116-50117]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au07-48]                        =20

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-200-1430-EU; COC-70516]

=20
Notice of Realty Action: Proposed Competitive Sale of Public=20
Land, Boulder County, CO

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

-----------------------------------------------------------------------

SUMMARY: A single 6.54-acre parcel of Federal public land near Ward, in=20
Boulder County, Colorado, has been examined and found suitable for sale=20
using the competitive sale procedures of Title 43 Code of Federal=20
Regulations, Sub Part 2711. The authority for the sale is Section 203=20
of the Federal Land Policy and Management Act of 1976 (FLPMA) (43=20
U.S.C. 1701 and 1713).

DATES: The parcel will be segregated on the date of publication of this=20
notice in the Federal Register. Comments regarding the proposed sale=20
must be received by the Bureau of Land Management (BLM) at the address=20
listed below by October 15, 2007. BLM will accept sealed bids for the=20
parcel from qualified bidders up to February 27, 2008, and accept oral=20
bids at a public auction scheduled for February 29, 2008.

ADDRESSES: Written comments regarding the proposed sale may be sent to=20
the BLM at the following address: Field Manager, Royal Gorge Field=20
Office, Bureau of Land Management, 3170 East Main Street, Canon City,=20
Colorado 81212.
    The address for oral bidding registration and the location of the=20
public auction is: Bureau of Land Management, Colorado State Office,=20
2850 Youngfield Street, Lakewood, Colorado 80215.

FOR FURTHER INFORMATION CONTACT: Information regarding the competitive=20
sale instructions, procedures, documents, map, and materials to submit=20
a bid can be obtained at the public reception area at the BLM Royal=20
Gorge Field Office, or by contacting Debbie Bellew at (719) 269-8514 or =

dbellew@co.blm.gov.


SUPPLEMENTARY INFORMATION: The following described parcel of public=20
land is proposed for sale:

Sixth Principal Meridian, Colorado

T. 1 N., R. 73 W.,
    Section 12, Proposed Lot 67.

    The area described contains 6.54 acres, in Boulder County.
    The parcel is approximately 1 mile south of the town of Ward,=20
Colorado.

    The parcel described in this notice was identified for disposal in=20
an approved land use plan in effect on July 25, 2000. Proceeds from=20
this sale will be deposited into the Federal Land Disposal Account=20
authorized under Section 206 of the Federal Land Transaction=20
Facilitation Act, Public Law 106-248. The parcel is not required for=20
Federal purposes and was identified for disposal in the BLM Northeast=20
Colorado Resource Management Plan approved in September 1986, and=20
therefore meets the qualifications for disposal from Federal ownership.=20
The disposal (sale) of the parcel would serve the public interest for=20
private economic development.
    On August 30, 2007, the parcel will be segregated from=20
appropriation under the public land laws, including the mining laws,=20
except as to competitive sale as herein proposed. The segregative=20
effect will terminate upon issuance of a patent, publication in the=20
Federal Register of a termination of the segregation, or August 31,=20
2009 unless extended by the BLM State Director, Colorado, in accordance=20
with 43 CFR 2711.1-2(d) prior to the termination date. The parcel will=20
be offered for sale using both sealed and oral bid procedures on=20
February 29, 2008 at an oral auction, for not less than the appraised=20
fair market value (FMV). Federal law requires that bidders must be=20
citizens of the United States, 18 years of age or older, or in the case=20
of a corporation, be subject to the laws of any State of the United=20
States. Proof of citizenship shall accompany the bid. The appraised FMV=20
of the parcel will be determined approximately 30 days in advance of=20
the auction date. In addition to the appraised FMV minimum bid and any=20
bid addition, the successful bidder/purchaser shall reimburse the BLM=20
for its costs of $7,411.00 incurred for surveying the boundaries of the=20
parcel.
    Sealed bids under 43 CFR 2711.3-1(c) must be received at the BLM=20
Royal Gorge Field Office no later than 4:30 p.m., MST, February 27,=20
2008. The outside of bid envelopes must be clearly marked on the front=20
lower left-hand corner with ``SEALED BID'' ``BLM Land Sale CO, COC-
70516'' and the bid opening date of February 29, 2008.
    Sealed bid opening will begin at 9 a.m., MST, February 29, 2008,=20
and the highest acceptable bid will be determined. All oral bidders are=20
required to register, which will begin at 8 a.m. and end at 9 a.m. MST,=20
on February 29, 2008. Prospective oral bidders are encouraged to pre-
register by mail or fax (719-269-8599) by completing the form in the=20
sale packet available for this sale. The highest qualifying sealed bid=20
will become the starting bid at the oral auction. If no sealed bids are=20
received, oral bidding will begin at the FMV, as determined by the=20
authorized officer and will be accepted in $100 increments only. If no=20
oral bids are received, the highest acceptable sealed bid will be=20
considered the purchaser. The apparent high bidder must submit a=20
deposit of not less than 30 percent of the successful bid at the end of=20
the auction along with $7,411.00 to cover the survey costs. The=20
remainder of the full bid price must be paid within 180 calendar days=20
from the date of the sale. Failure to pay the full price within the 180=20
days will disqualify the apparent high bidder and shall result in=20
forfeiture of the entire 30 percent deposit to the BLM. The BLM cannot=20
accept the full price at any time following the 180th day after the=20
sale. Payments must be in the form of a certified check, postal money=20
order, bank draft, or cashier's check made payable in U.S. dollars to=20
the order of the U.S. Department of the Interior--BLM. Personal checks=20
will not be accepted.
    Following the auction, all monies submitted with sealed bids will=20
be returned to the unsuccessful bidders.

Terms and Conditions of Sale

    The following reservations, rights, and conditions will be included=20
in the patent that may be issued for the above parcel of Federal land:=20
A reservation to the United States for ditches and canals constructed=20
by the authority of the United States, Act of August 30, 1890 (43=20
U.S.C. 945).
    The parcel will be subject to valid existing rights and to the=20
following: (1) A right-of-way for access purposes as granted to Iddo=20
and Kathleen Pittman by COC-38793; (2) a right-of-way for telephone=20
line purposes granted to Qwest by COC-49796; and (3) those rights for=20
highway purposes as granted to the Colorado Department of=20
Transportation by COC-051676. Conveyance of any mineral interests=20
pursuant to Section 209 of the FLPMA will be analyzed during processing=20
of the proposed sale. The purchaser/grantee, accepting the patent,=20
agrees to indemnify, defend, and hold the United States harmless from=20
any costs, damages, claims, causes of action, penalties, fines,=20
liabilities, and

[[Page 50117]]

judgment of any kind arising from the past, present, or future acts of=20
omissions of the grantor, its employees, agents, contractor, or=20
lessees, or a third party arising out of, or in connection with,=20
grantor's use and/or occupancy of the deeded real property resulting=20
in: Violations of Federal, State, and local laws and regulations that=20
are now, or in the future, become applicable to the real property; (2)=20
judgments, claims, or demands of any kind assessed against the United=20
States; (3) costs, expenses, or damages of any kind incurred by the=20
United States; (4) releases or threatened release of solid or hazardous=20
waste(s) and/or hazardous substance(s) as defined by the Federal or=20
State environmental laws, off, on, into, or under land, property, and=20
other interest of the United States; (5) other activities by which=20
solid or hazardous substances or wastes, as defined by Federal and=20
State environmental laws are generated, released, restored, used, or=20
otherwise disposed of on the deeded real property, and any cleanup=20
response rendered remedial action, or other actions related in any=20
manner to said solid or hazardous substances or wastes; or (6) natural=20
resource damages as defined by Federal and State law. This covenant=20
shall be construed as running with the deeded real property and may be=20
enforced by the United States in a court of competent jurisdiction.
    Pursuant to the requirements established by section 120(h) of the=20
Comprehensive Environmental Response, Compensation and Liability Act=20
(CERCLA), (42 U.S.C. 9620(h)), as amended by the Superfund Amendments=20
and Reauthorization Act of 1988, (100 Stat. 1670), notice is hereby=20
given that the above-described parcel has been examined and no evidence=20
was found to indicate that any hazardous substances have been stored=20
for one year or more, nor has any hazardous substances been disposed of=20
or released on the subject property.
    No warranty of any kind, expressed or implied, is given by the=20
United States as to the title, or the physical condition or potential=20
uses of the parcel of land proposed for sale. Under Boulder County Land=20
Use Code, newly created parcels of less than 35 acres are not legal=20
building lots for which building permits may be issued. The conveyance=20
will not be on a contingency basis. It is the buyer's responsibility to=20
be aware of: (1) All applicable Federal, State, or local government=20
laws, regulation, or policies that may affect the subject parcel or its=20
future uses, and (2) existing or prospective uses of nearby properties.=20
When conveyed out of Federal ownership, the lands will be subject to=20
any applicable laws, regulations, and policies of the applicable local=20
government for proposed future uses. It will be the responsibility of=20
the purchaser to be aware of those laws, regulations, and policies, and=20
to seek any required local approvals for future uses. Buyers should=20
also make themselves aware of any Federal or State law or regulation=20
that may impact the future use of the property. If the parcel lacks=20
access from a public road or highway it will be conveyed as such, and=20
future access acquisition will be the responsibility of the buyer.

Public Comments

    For a period until October 15, 2007, interested parties and the=20
general public may submit in writing any comments concerning the parcel=20
being considered for competitive sale, including notification of any=20
encumbrances or other claims relating to the parcel, to the Royal Gorge=20
Field Manager at the above address. In order to ensure consideration in=20
the environmental analysis of the proposed sale, comments must be in=20
writing and postmarked or delivered within 45 days of the initial date=20
of publication of this notice. Comments, including names and street=20
addresses of respondents, will be available for public review at the=20
BLM Royal Gorge Field Office during regular business hours. Individual=20
respondents may request confidentiality. Before including your address,=20
phone number, e-mail address, or other personal identifying information=20
in your comment, be advised that your entire comment--including your=20
personal identifying information--may be made publicly available at any=20
time. While you can ask us in your comment to withhold from public=20
review your personal identifying information, we cannot guarantee that=20
we will be able to do so. If you wish to have your name or address=20
withheld from public disclosure under the Freedom of Information Act,=20
you must state it prominently at the beginning of your comments. Any=20
determination by the BLM to release or withhold the names and/or=20
addresses of those who comment will be made on a case-by-case basis.=20
Such requests will be honored to the extent allowed by law. BLM will=20
make available for public review, in their entirety, all comments=20
submitted by businesses or organizations, including comments by=20
individuals in their capacity as an official or representative of an=20
organization or business.
    Any adverse comments will be reviewed by the BLM State Director,=20
Colorado, who may sustain, vacate, or modify this realty action in=20
whole or in part. In the absence of any adverse comments, this realty=20
action will become the final determination of the Department of the=20
Interior.

Roy L. Masinton,
Royal Gorge Field Manager.
[FR Doc. 07-4266 Filed 8-29-07; 8:45 am]

BILLING CODE 4310-JB-M