[Federal Register Volume 73, Number 17 (Friday, January 25, 2008)]
[Notices]
[Pages 4624-4626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1275]


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DEPARTMENT OF THE INTEROR

Bureau of Land Management

[WY-030-1430-FR; WYW-160261]


Notice of Realty Action; Modified Competitive Sale of Public 
Lands in Sweetwater County, Wyoming

AGENCY: Bureau of Land Management, Department of the Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) proposes to sell 40 acres 
of public lands near Wamsutter, Wyoming, Sweetwater County, to the Town 
of Wamsutter for current and future affordable housing purposes. These 
lands consist of one parcel totaling 40.00 acres more or less, which 
has been identified for disposal in the Great Divide Resource 
Management Plan, dated November 9, 1990. The sale will be conducted 
using modified competitive bidding procedures in accordance with and 
under the applicable provisions of sections 203 of the Federal Land 
Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1713), its 
implementing regulations, and in accordance with 43 CFR 2711.3-2, BLM 
land sale regulations at 43 CFR Part 2710 and the Federal Land 
Transaction Facilitation Act of 2000, Public Law 106-248, July 25, 
2000.

DATES: Comments regarding the proposed sale must be received by the BLM 
on or before March 10, 2008. Sealed bids must be received by March 25, 
2008.

ADDRESSES: Comments regarding the proposed sale, including the 
environmental assessment (EA), should be addressed to: Field Manager, 
Rawlins Field Office, Bureau of Land Management, 1300 N. Third Street, 
Rawlins, Wyoming 82301. More detailed information regarding the 
proposed sale and the land involved may be viewed during normal 
business hours (7:45 a.m. to 4:30 p.m.) at the Rawlins Field Office 
(RFO).

FOR FURTHER INFORMATION CONTACT: Chuck Valentine at (307) 328-4307 or 
by e-mail at [email protected]. For general information on BLM's 
public land sale procedures, refer to the following Web address: http://www.blm.gov/nhp/what/lands/realty/tenure/sale.html.

SUPPLEMENTARY INFORMATION: The Town of Wamsutter, Wyoming (Wamsutter), 
has proposed 40.00 acres be sold for the purpose of providing 
affordable housing for current and future residents. Suitable housing 
is extremely limited in Wamsutter, where a population growth has been 
spurred on by nearby oil and gas development. It is extremely important 
to Wamsutter's economic development to provide land for affordable 
housing. Wamsutter is an adjacent landowner and has legal access to the 
proposed disposal parcel. Other lands located within the municipal 
boundaries of Wamsutter are not suitable for housing due to topography, 
existing utilities and/or non-compatible adjacent uses. Wamsutter is 
willing to purchase the parcel at not less than fair market value, 
subject to modified competitive bidding procedures. Wamsutter is 
concerned that open bidding, without allowing them the right to meet 
the highest bid, would preclude the opportunity to develop the adjacent 
property for affordable housing. On consideration of the factors 
described above, which include the ownership or control of the adjacent 
lands and the absence of identified needs for the parcel other than 
those proposed by Wamsutter, the authorized officer has determined that 
the request by Wamsutter meets the criteria in 43 CFR 2711.3-2 and that 
a modified competitive sale best serves the public interest. The 
authorized officer has determined that the method of sale will be to 
offer to the designated bidder the right to meet the highest bid in 
accordance with 43 CFR 2711.3-2(a)(1)(i), and CFR 2711.3-2(a)(2) as 
described above. This notice designates Wamsutter as the one bidder 
with the right to meet the highest bid.
    (1) Modified competitive bidding includes, but is not limited to:
    (i) Offering to designated bidders the right to meet the highest 
bid. Refusal or failure to meet the highest bid shall constitute a 
waiver of such bidding provisions; or
    (ii) A limitation of persons permitted to bid on a specific tract 
of land offered for sale; or
    (iii) Offering to designated bidders the right of first refusal to 
purchase the lands at fair market value. Failure to accept an offer to 
purchase the offered lands within the time specified by the authorized 
officer shall constitute a waiver of this preference consideration.
    (2) Factors that shall be considered in determining when modified 
competitive bidding procedures shall be used, include but are not 
limited to: ``Needs of State and/or local government, adjoining 
landowners, historical users, and other needs for the tract * * *.''
    The proposed sale is consistent with the BLM Great Divide Resource 
Management Plan dated November 9, 1990, and would serve important 
public objectives which cannot be achieved prudently or feasibly 
elsewhere. The land contains no other known public values. Maps, the 
approved appraisal report, and the environmental assessment covering 
the proposed sale are available for review at the BLM, Rawlins Field 
Office, Rawlins, Wyoming (RFO).
    Sealed bids must be received by the RFO at the address listed 
above, not later than 60 days after publication of this notice in the 
Federal Register.
    Sealed bids must be contained in an envelope marked ``Sealed Bid 
for Parcel WYW-160261.'' All bidders must submit, with their sealed 
bid, a certified check, postal money order, bank draft, or cashier's 
check made payable to the Bureau of Land Management in an amount not 
less than 20% of the appraised fair market value (FMV), which has been 
determined to be $120,000.00 for WYW-160261. If two or more envelopes 
containing valid bids of the same amount are received, the 
determination of which is to be considered the highest bid shall be 
through submission of supplemental sealed bids. Bids will be opened at 
the RFO at the address listed above within 70 days from the publication 
of this Notice.

Lands Proposed for Sale

Sixth Principal Meridian, Sweetwater County, Wyoming
T. 20 N., R. 94 W.,
    Sec. 34: SW\1/4\NW\1/4\NW\1/4\, W\1/2\SW\1/4\NW\1/4\, SE\1/
4\SW\1/4\NW\1/4\.

    The land described contains 40.00 acres, more or less, in 
Sweetwater County.

    Terms and Conditions of Sale: The BLM sale parcel will be offered 
for sale via written sealed bid and is subject to the following:

[[Page 4625]]

    1. Based upon receipt of valid bids, BLM will offer Wamsutter the 
right to meet the highest bid and purchase the lands at an amount equal 
to the highest bid price, which must be not less than the fair market 
value as determined by the Secretary. If Wamsutter declines this offer, 
the bidder with the highest sealed bid price will be declared the high 
bidder. Upon acceptance by BLM of the offer to purchase, the declared 
high bidder must remit prior to expiration of 180 days from the land 
sale offer date, the balance of the accepted full bid price to BLM in 
the form of a certified check, money order, bank draft, or cashier's 
check made payable to the order of the Bureau of Land Management, 
Rawlins Field Office, 1300 N. Third Street, Rawlins, Wyoming 82301. 
Personal checks will not be accepted. Failure to pay the full price 
within the 180 days will disqualify the apparent high bidder and cause 
the entire 20% deposit to be forfeited to the BLM.
    2. Maps delineating the individual proposed sale parcel are 
available for public review at the BLM RFO along with the appraisal and 
the environmental assessment.
    3. The BLM may accept or reject any or all offers, or withdraw the 
parcel of land or interest therein from sale, if, in the opinion of the 
authorized officer, consummation of the sale would not be fully 
consistent with FLPMA or other applicable laws or would not be in the 
public interest. If not sold, the parcel may be identified for sale at 
a later date without further legal notice.
    4. 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 instrumentality, or political subdivision 
authorized to hold property, or an entity including, but not limited 
to, associations or partnerships capable of holding property or 
interest therein under the laws of the State of Wyoming. Certification 
of qualification, whether of citizenship or corporate or partnership 
status, must accompany the bid deposit.
    5. The patent, when issued, will contain a reservation to the 
United States for:
    a. A right-of-way is reserved for ditches and canals constructed by 
authority of the United States under the Act of August 30, 1890 (43 
U.S.C. 945); and
    b. All the minerals in the lands so patented pursuant to section 
209 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 
1719, including, without limitation, substances subject to disposition 
under the general mining laws, the general mineral leasing laws, the 
Materials Act and the Geothermal Steam Act, and to it, or persons 
authorized by it, the right to prospect for, mine and remove the 
minerals from the same under applicable law and such regulations as the 
Secretary of the Interior may prescribe. This includes all necessary 
and incidental activities conducted in accordance with the provisions 
of the mining, geothermal, mineral leasing, and material disposal laws 
in effect at the time such activities are undertaken, including without 
limitation, necessary access and exit rights, all drilling, 
underground, open pit or surface mining operations, storage and 
transportation facilities deemed necessary and authorized under law and 
implementing regulations.
    c. Those rights for mineral material site purposes granted to 
Wyoming Department of Transportation, its successors or assigns by 
Right-of-Way Serial No. WYW-109146, under the Interstate and Defense 
Highways Act and the Federal-Aid Highway Act (23 U.S.C. 317(A), (072 
Stat. 0916)).
    6. The patent, when issued, will be made subject to the following 
existing rights of record:
    a. Those rights for road purposes granted to Wyoming Department of 
Transportation, its successors or assigns by Right-of-Way Serial No. 
WYW-0116729 and WYW-030313, under the Act of November 9, 1921 (43 Stat. 
212);
    b. Those rights for electric power purposes granted to Pacific 
Power & Light, its successors or assigns by Right-of-Way Serial No. 
WYW-136474 and WYW-81342, Under Title V of the Federal Land Policy and 
Management Act of 1976, 43 U.S.C. 1761-1771;
    c. Those rights for electric power purposes granted to Pacific 
Power & Light, its successors or assigns by Right-of-Way Serial No. W-
0131538, under the Act of March 4, 1911 (36 Stat. 1253);
    d. Those rights for telephone and telegraph purposes granted to 
Colorado Interstate Gas, its successors or assigns by Right-of-Way 
Serial No. WYW-62912, under Title V of the Federal Land Policy and 
Management Act of 1976, 43 U.S.C. 1761-1771;
    e. Those rights for road purposes granted to BP America Production 
Company, its successors or assigns by Right-of-Way Serial No. WYW-
143762, under Title V of the Federal Land Policy and Management Act of 
1976, 43 U.S.C. 1761-1771;
    f. Those rights for road purposes granted to the Town of Wamsutter, 
Wyoming, its successors or assigns by Right-of-Way Serial No. WYW-
76278, under Title V of the Federal Land Policy and Management Act of 
1976, 43 U.S.C. 1761-1771; and
    g. Applications received prior to publication of this Notice if 
processing the application would have no adverse effect on the 
federally approved Fair Market Value (FMV).
    Upon publication of this notice in the Federal Register, the above 
described land will be segregated from all other forms of appropriation 
under the public land laws, including the general mining laws, except 
for sale under FLPMA and leasing under the mineral leasing laws. The 
segregative effect of this notice will terminate upon issuance of a 
patent or other document of conveyance for such land, upon publication 
in the Federal Register of a termination of the segregation, or 2 years 
from the date of the publication of this notice in the Federal 
Register, whichever comes first, unless extended by the BLM State 
Director in accordance with 43 CFR 2711.1-2(d), prior to the expiration 
date.
    Additional Information: No representation or warranty of any kind, 
express or implied, is given or will be given by the United States as 
to the title, the physical condition or the past, present, or potential 
uses of the land proposed for sale. However, to the extent required by 
law, such land is subject to the requirements of section 120(h) of the 
Comprehensive Environmental Response Compensation and Liability Act 
(CERCLA), as amended (42 U.S.C. 9620(h)).
    Public Comments: For a period of 45 days after publication of this 
Notice in the Federal Register, the BLM Field Manager, Rawlins Field 
Office, 1300 N. Third Street, Rawlins, Wyoming 82301 will receive 
comments submitted via mail or overnight delivery from the general 
public and interested parties. Facsimiles, telephone calls, or 
electronic mail via Internet will not be considered as validly 
submitted comments. Before including your address, phone number, e-mail 
address, or other personal identifying information in your comment, you 
should be aware 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 your personal 
identifying information from public review, 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 in whole or in part. 
In the absence of any timely filed objections, this realty action will 
become the final determination of the Department of the Interior.

[[Page 4626]]

    The land will not be offered for sale prior to March 25, 2008.

(Authority: 43 CFR 2711.1-2)

    Dated: January 11, 2008.
Patrick Madigan,
Field Manager, Rawlins Field Office, Wyoming.
 [FR Doc. E8-1275 Filed 1-24-08; 8:45 am]
BILLING CODE 4310-22-P