[Federal Register Volume 72, Number 59 (Wednesday, March 28, 2007)]
[Notices]
[Pages 14609-14610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5538]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AZ 020-07-1430-EU; AZA-33668]


Notice of Realty Action: Competitive Sale of Public Land; 
Maricopa County, AZ

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: A single 282.50 acre parcel of Federal public land located in 
south Goodyear, Maricopa County, Arizona, has been examined and found 
suitable for sale utilizing competitive sale procedures. The authority 
for the sale is Section 203 of the Federal Land Policy and Management 
Act of 1976 (FLPMA) (43 U.S.C. 1701 and 1713).

DATES: The lands will be segregated on the date of publication of this 
notice in the Federal Register. Comments regarding the proposed sale 
must be received by the Bureau of Land Management (BLM) on or before 
May 14, 2007. BLM will accept sealed bids for the offered land from 
qualified bidders up to June 5, 2007 and accept oral bids at a public 
auction scheduled June 7, 2007.

ADDRESSES: Comments regarding the proposed sale should be addressed to 
the Lower Sonoran Field Manager, BLM, Phoenix District Office, 21605 
North 7th Avenue, Phoenix, Arizona 85027. The address for oral bidding 
registration and where the public auction will be held is the same.

FOR FURTHER INFORMATION CONTACT: Information regarding the competitive 
sale instructions, procedures, documents, maps and materials to submit 
a bid can be obtained at the public reception area at the BLM, Phoenix 
District from 7:30 a.m. to 4:15 p.m., Monday through Friday (except 
Federal holidays), or by contacting Camille Champion, Project Manager, 
BLM, Lower Sonoran Field Office, 21605 North 7th Avenue, Phoenix, 
Arizona 85027, 623-580-5526.

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

Gila and Salt River Meridian, Arizona

T. 1 S., R. 2 W.
    Sec. 36, NE\1/4\NE\1/4,\ NE\1/4\NE\1/4\NW\1/4\NE\1/4\.S\1/
2\NE\1/4,\ SE\1/4\.

    The area described contains 282.50 acres, more or less, in 
Maricopa County.

    The land is located in the southern portion of the incorporated 
City of Goodyear, Arizona. The parcel will be offered through 
competitive sale pursuant to 43 CFR 2711.3-1. The mineral estate is 
owned by the Arizona State Land Department and will not be included in 
the sale. Authority for the sale is Section 203 of the Federal Land 
Policy and Management Act of October 21, 1976 (43 U.S.C. 1701 and 
1713). This parcel of land is being offered for sale, using both sealed 
and oral bid procedures, for not less than the estimated market value. 
This estimated market value will be made available 30 days prior to 
sealed bid closing date at the BLM, Phoenix District Office, 21605 
North 7th Avenue, Phoenix, Arizona 85027. The land is not required for 
Federal purposes and was identified for disposal in the BLM Lower Gila 
South Resource Management Plan approved in June, 1988, and therefore 
meets the disposal qualifications. The disposal (sale) of the parcel 
would serve the public by making lands available for community 
expansion and private economic development. As such, these lands meet 
the criteria for sale under 43 CFR 2710.0-3(a)(2) and (3).
    Both sealed bids and oral bids will be accepted. All sealed bids 
must be received at the BLM, Phoenix District Office (address stated 
above), not later than 4:15 p.m., MST, on June 5, 2007. The outside of 
bid envelopes must be clearly marked on the front lower left-hand 
corner with ``SEALED BID'' ``BLM Land Sale AZ, AZA-33668'' and the bid 
opening date of June 7, 2007. Sealed bid opening is to begin at 10 
a.m., MST, June 6, 2007. The subject land proposed for sale will be put 
up for purchase and sale at public auction, beginning at 1:30 p.m., 
MST, June 7, 2007. Registration for oral bidding will begin at 11 a.m., 
MST, June 7, 2007. Pursuant to 43 CFR 2711.3-1(c), bids must be for not 
less than the appraised fair market value. Each sealed bid shall be 
accompanied by a certified check, money order, bank draft,or cashier's 
check made payable to the Bureau of Land Management, for not less than 
10 (ten) percent of the amount bid. The bid envelope must also contain 
a statement showing the total amount bid and the name, mailing address, 
and phone number of the entity making the bid. Oral bidding on the date 
of the sale will begin at 1:30 p.m. at the BLM Phoenix District Office 
at the highest qualifying oral bidder shall submit payment by cash, 
personal check, bank draft, money order, or any combination for not 
less than 20 percent of the amount of the bid immediately following the 
close of the sale. The successful bidder, whether such bid is a sealed 
or oral bid, shall submit the remainder of the full bid price prior to 
the expiration of 180 days from the date of the sale. Failure to submit 
the full bid price prior to the 180th day shall result in forfeiture of 
the deposit. The BLM, in its sole discretion, reserves the right to: 
(1) Reject any bid; (2) ask for supplemental bids in the case of 
identical bids; (3) withdraw the property from sale; or (4) postpone 
the sale for cause. If not sold, the parcel described above in this 
notice may be identified for sale on a continuing basis, by sealed bid, 
until sold. Federal law requires bidders to be U.S. citizens 18 years 
of age or older, a corporation subject to the laws of any state or of 
the United States; a state, state

[[Page 14610]]

instrumentality, or political subdivision authorized to hold property, 
or an entity including, but not limited to, associations or 
partnerships legally capable of holding property or interests therein 
under the laws of the State of Arizona. Certification of bidder 
qualification must accompany the bid deposit.
    Segregation: Publication of the Notice in the Federal Register 
segregates the subject lands from all appropriations under the public 
land laws, including the general mining laws, except sale under the 
Federal Land Policy and Management Act of 1976. The segregation will 
terminate upon issuance of the quit claim deed, or upon publication in 
the Federal Register of a termination of the segregation or 2 years 
from publication of this notice in the Federal Register, whichever 
occurs first.
    Terms and Conditions of Sale: Upon successful completion of the 
sale, the quit claim deed issued would contain the following numbered 
reservations, covenants, terms and conditions:
    1. A right-of-way thereon for ditches and canals constructed by 
authority of the United States, Act of August 30, 1890 (43 U.S.C. 945).
    2. Right-of-ways authorized under the Act of October 21, 1976, 90 
Stat. 2776 (43 U.S.C. 1761) for power lines granted to Tucson Electric 
Power Company, its successor or assignees, by right-of ways AZA-7274 
and AZA-7872 and a road granted to Narhill LLC, right-of-way AZA-31957.
    3. The parcel is subject to valid existing rights.
    4. The purchaser/grantee, by accepting the deed, agrees to 
indemnify, defend, and hold the United States harmless from any costs, 
damages, claims, causes of action, penalties, fines, liabilities, and 
judgments of any kind arising from the past, present, or future acts or 
omissions of the grantor, its employees, agents, contractors, or 
lessees, or a third party arising out of, or in connection with, the 
grantor's use and/or occupancy of the deeded real property resulting 
in: (1) Violations of Federal, state, and local laws and regulations 
that are now, or in the future, become applicable to the real property; 
(2) judgments, claims, or demands of any kind assessed against the 
United States; (3) costs, expenses, or damages of any kind incurred by 
the United States; (4) releases or threatened releases of solid or 
hazardous waste(s) and/or hazardous substance(s), as defined by Federal 
or state environmental laws, off, on, into, or under land, property, 
and other interests of the United States; (5) other activities by which 
solids or hazardous substances or wastes, as defined by Federal and 
state environmental laws are generated, released, stored, used, or 
otherwise disposed of on the deeded real property, and any cleanup 
response, remedial action, or other actions related in any manner to 
said solid or hazardous substances or wastes; or (6) natural resource 
damages as defined by Federal and state law. This covenant shall be 
construed as running with the deeded real property and may be enforced 
by the United States in a court of competent jurisdiction.
    5. Pursuant to the requirements established by section 120(h) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act (CERCLA), (42 U.S.C. 9620(h)), as amended by the Superfund 
Amendments and Reauthorization Act of 1988, (100 Stat.1670), notice is 
hereby given that the above-described lands have been examined and no 
evidence was found to indicate that any hazardous substances has been 
stored for one year or more, nor had any hazardous substances been 
disposed of or released on the subject property.
    No warranty of any kind, express or implied, is given by the United 
States as to the title, physical condition or potential uses of the 
parcel of land proposed for sale, and the conveyance of any such parcel 
will not be on a contingency basis. It is the buyer's responsibility to 
be aware of all applicable Federal, State, or local government laws, 
regulations, or policies that may affect the subject lands or its 
future uses. It is also the buyer's responsibility to be aware of 
existing or prospective uses of nearby properties. Any land lacking 
access from a public road or highway will be conveyed as such, and 
future access acquisition will be the responsibility of the buyer.
    Public Comments: Detailed information concerning the proposed land 
sale, including reservations, sale procedures, appraisals, planning and 
environmental documents, and mineral reports, is available for review 
at the BLM Phoenix District Office, 21605 North 7th Avenue, Phoenix, 
Arizona 85027. Normal business hours are 7:30 a.m. to 4:15 p.m., Monday 
through Friday (except Federal holidays). The general public and 
interested parties may submit written comments regarding the proposed 
sale to the BLM Phoenix District Manger, not later than 45 days after 
publication of this notice in the Federal Register. Any comments 
received are to be in letter format and addressed and mailed to Teri 
Raml, Phoenix District Manager, BLM Phoenix District Office, 21605 
North 7th Avenue, Phoenix, Arizona 85027. Facsimiles, telephone calls, 
and e-mails are unacceptable means of notification. Comments including 
names and street addresses of respondents will be available for public 
review at the BLM Phoenix District Office during regular business 
hours, except holidays. Before including your address, phone number, e-
mail address, or other personal identifying information in your 
comment, 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.
    Any adverse comments will be reviewed by the State Director, who 
may sustain, vacate, or modify this realty action and issue a final 
determination. In the absence of timely filed objections, this realty 
action will become the final determination of the Department of the 
Interior.

    Authority: 43 CFR 2711.1-2(a) and (c).

Margo E. Lewis,
Assistant District Manager, Phoenix District Office.
 [FR Doc. E7-5538 Filed 3-27-07; 8:45 am]
BILLING CODE 4310-32-P