Notice2023-23693
Notice of Realty Action: Noncompetitive (Direct) Sale of Public Land in Garfield County, Utah
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 27, 2023
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
The Bureau of Land Management (BLM) is proposing a non- competitive (direct) sale of a 5.27-acre parcel of public land in Garfield County, Utah, to Millard "Crockett" Dumas. The sale would resolve an inadvertent unauthorized use of public lands. The sale would be subject to the applicable provisions of the Federal Land Policy and Management Act of 1976 (FLPMA), as amended, and the BLM land sale regulations. The sale would be for no less than the appraised fair market value of $5,000.
Full Text
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<title>Federal Register, Volume 88 Issue 207 (Friday, October 27, 2023)</title>
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[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Notices]
[Pages 73869-73870]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23693]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_UT_FRN_MO4500170231]
Notice of Realty Action: Noncompetitive (Direct) Sale of Public
Land in Garfield County, Utah
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 a 5.27-acre parcel of public land in
Garfield County, Utah, to Millard ``Crockett'' Dumas. The sale would
resolve an inadvertent unauthorized use of public lands. The sale would
be subject to the applicable provisions of the Federal Land Policy and
Management Act of 1976 (FLPMA), as amended, and the BLM land sale
regulations. The sale would be for no less than the appraised fair
market value of $5,000.
DATES: Interested parties must submit written comments no later than
December 11, 2023.
ADDRESSES: Mail written comments to BLM Kanab Field Office, Field
Manager, 669 South Highway 89A, Kanab, UT 84741, or submit them online
at <a href="https://eplanning.blm.gov/eplanning-ui/project/2020901/510">https://eplanning.blm.gov/eplanning-ui/project/2020901/510</a>.
FOR FURTHER INFORMATION CONTACT: Brandon Johnson, Realty Specialist,
BLM Utah State Office, phone: (435) 819-0016, email: <a href="/cdn-cgi/l/email-protection#49222b232621273a26092b2524672e263f"><span class="__cf_email__" data-cfemail="f19a939b9e999f829eb1939d9cdf969e87">[email protected]</span></a>.
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: In the 1970s, the adjacent landowner
misinterpreted the boundary of their private property and inadvertently
built flood retention structures, corrals, and a barn that encroached
onto what is now an isolated parcel of public land. Mr. Dumas later
purchased the private property and has nominated the public land parcel
for direct sale. The parcel is only accessible through Mr. Dumas'
property. The BLM proposes to offer the land for direct sale to resolve
the issue.
The following described public land in Garfield County has been
examined and found suitable for sale under the authority of Sections
203 and 209 of FLPMA, as amended:
Salt Lake Meridian, Utah
T. 35 S., R. 3 E.,
Sec. 5, parcel A.
The area described contains 5.27 acres, according to the official
plat of survey of the said land, on file with the BLM.
The proposed sale conforms with the BLM Kanab Field Office Resource
Management Plan, approved in October 2008. There is no known mineral
value in the parcel, so the mineral estate would also be conveyed, in
accordance with Section 209 of FLPMA. The lands are identified as
available for disposal and listed by the legal description in Appendix
D on page A5-1. A parcel-specific environmental assessment (EA),
document number DOI-BLM-UT-P020-2022-0013-EA, was prepared in
connection with this realty action and may be viewed at <a href="https://eplanning.blm.gov/eplanning-ui/project/2020901/510">https://eplanning.blm.gov/eplanning-ui/project/2020901/510</a>.
The land is suitable for direct sale under FLPMA, without
competition, consistent with 43 CFR 2711.3-3(a)(4), as direct sales 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[,]'' including when ``the adjoining ownership pattern and
access indicate a direct sale is appropriate[.]'' The parcel is only
accessible through Mr. Dumas' private property, and no other potential
bidder currently has legal access to this parcel. It is also suitable
for direct sale consistent with 43 CFR 2711.3-3(a)(5) because there is
a need to resolve an inadvertent and unauthorized use of public lands,
which are encumbered by privately constructed improvements.
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
this public land. The segregative effect will terminate upon issuance
of a patent, publication in the Federal Register of termination of the
segregation, or on October 27, 2025, unless extended by the BLM Utah
State Director in accordance with 43 CFR 2711.1-2(d) prior to the
termination date.
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
[[Page 73870]]
the authority of the United States under the Act of Aug. 30, 1890;
2. Valid existing rights issued prior to conveyance;
3. An appropriate indemnification clause protecting the United
States from claims arising out of the purchaser's use, occupancy, or
operations on the conveyed lands;
4. Additional terms and conditions that the authorized officer
deems appropriate.
The EA, appraisal, maps, mineral potential report, and
environmental site assessment are available for review at the location
listed in the ADDRESSES section earlier. Interested parties may submit,
in writing, any comments concerning the sale, including notifications
of any encumbrances or other claims relating to the parcel (see
ADDRESSES).
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 objections, this realty
action will become the final determination of the Department of the
Interior.
In addition to publication in the Federal Register, the BLM will
also publish this notice in the Insider newspaper, once a week, for
three consecutive weeks.
Before including your address, phone number, email address, or
other personal identifying information in your comments, the BLM will
make your entire comment--including your personal identifying
information--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.
(Authority: 43 CFR 2711)
Gregory Sheehan,
Utah State Director.
[FR Doc. 2023-23693 Filed 10-26-23; 8:45 am]
BILLING CODE 4331-25-P
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</html>Indexed from Federal Register on October 27, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.