[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Notices]
[Pages 73869-73870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://eplanning.blm.gov/eplanning-ui/project/2020901/510.

FOR FURTHER INFORMATION CONTACT: Brandon Johnson, Realty Specialist, 
BLM Utah State Office, phone: (435) 819-0016, email: [email protected]. 
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 https://eplanning.blm.gov/eplanning-ui/project/2020901/510.
    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