Sale of Public Land; Harney County, OR

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: October 17, 2006 (Volume 71, Number 200)]
[Notices]
[Page 61066-61069]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc06-117]

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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[OR-025-06-5870-EU; HAG 06-0165]

AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of realty action.

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SUMMARY: This notice announces the proposed sale of 24 parcels of
public land, totaling 2905.42 acres, located in Harney County, Oregon
at not less than appraised market value. These parcels are proposed to
be sold through competitive and modified competitive procedures.

DATES: Written comments concerning the proposed sale must be received
by the BLM on or before December 1, 2006.

ADDRESSES: Address all written comments to Joan Suther, Three Rivers
Resource Area Field Manager, Burns District Office, 28910 Hwy 20 West,
Hines, Oregon 97738. Comments expressed verbally or in electronic
format will not be accepted.

FOR FURTHER INFORMATION CONTACT: Skip Renchler, Realty Specialist, at
(541) 573-4443.

SUPPLEMENTARY INFORMATION: The following described public lands in
Harney County, Oregon are suitable for sale under Sections 203 and 209
of the Federal Land Policy and Management Act of 1976 (90 Stat. 2750,
43 U.S.C. 1713 and 1719). The lands are difficult and uneconomic to
manage as a part of the public lands and are not suitable for
management by another Federal agency. No significant resource values
will be affected by this disposal. The parcels proposed for sale are
identified as suitable for disposal in the Three Rivers Resource
Management Plan, dated August 1992. All of the land described is within
the Willamette Meridian. The parcels proposed for sale are identified
as follows.

----------------------------------------------------------------------------------------------------------------
Market
Serial No. Legal description Acres value/ Bidding procedure Designated
minimum bid bidder(s)
----------------------------------------------------------------------------------------------------------------
OR-56577............. T.27 S., R.34 E., 40.00 $3,400 Competitive......... None.
sec. 21, NE\1/
4\SE\1/4\.
OR-61541............. T.19 S., R.34 E., 80.00 16,000 Modified Competitive John and Judy
sec. 17, E\1/2\NW\1/ Ahmann.
4\.
OR-61542............. T.22 S., R.30 E., 119.53 22,700 Competitive......... None.
sec. 7, lot 3, NE\1/
4\SW\1/4\, NW\1/
4\SE\1/4\.
OR-61543............. T.22 S., R.30 E., 0.51 200 Modified Competitive Gerard J. LaBrecque
sec. 10, lot 1..
OR-61544............. T.24 S., R.33 E., 160.00 21,600 Competitive......... None.
sec. 30, NE\1/4\.
OR-61545............. T.24 S., R.33 E., 240.00 58,100 Competitive......... None.
sec. 33, E\1/2\NE\1/
4\; sec. 34, N\1/
2\NW\1/4\, SW\1/
4\NW\1/4\, NW\1/
4\SW\1/4\.
OR-61546............. T.25 S., R.32\1/2\ 80.00 9,100 Competitive......... None.
E., sec. 13, W\1/
2\NE\1/4\.
OR-61547............. T.25 S., R32\1/2\ 79.81 9,200 Competitive......... None.
E., sec. 24, lot 2,
NW\1/4\NE\1/4\.
OR-61548............. T.26 S., R.30 E., 119.76 19,100 Competitive......... None.
South of Malheur
Lake, sec. 35, E\1/
2\SE\1/4\; T.27 S.,
R.30 E., sec. 2,
lot 1.
OR-61549............. T.26 S., R.31 E., 160.00 16,800 Competitive......... None.
North of Malheur
Lake, sec. 5, four
unnumbered
government lots in
N\1/2\N\1/2\.
OR-61550............. T.26 S., R.31 E., 200.00 19,600 Competitive......... None.
North of Malheur
Lake, sec. 5, S\1/
2\SW\1/4\; sec. 6,
S\1/2\SE\1/4\; sec.
7, NE\1/4\NE\1/4\.
OR-61551............. T.26 S., R.31 E., 80.00 8,000 Competitive......... None.
North of Malheur
Lake, sec. 9, S\1/
2\NW\1/4\.
OR-61552............. T.26 S., R.31 E., 80.00 8,000 Competitive......... None.
North of Malheur
Lake, sec. 22, S\1/
2\NW\1/4\.
OR-61553............. T.26 S., R.33 E., 80.00 9,800 Competitive......... None.
sec 34, N\1/2\NW\1/
4\.
OR-61554............. T.26 S., R.34 E., 80.00 6,800 Modified Competitive Bell A Grazing
sec. 4, SW\1/4\SW\1/ Cooperative,
4\; sec. 5, SE\1/ Thompson Ranches,
4\SE\1/4\. Inc.

[[Page 61067]]

OR-61555............. T.26 S., R.34 E., 40.00 3,900 Modified Competitive Bell A Grazing
sec. 8, NE\1/4\NW\1/ Cooperative,
4\. Thompson Ranches,
Inc.
OR-61556............. T.26 S., R.34 E., 120.00 9,700 Modified Competitive Nevin L. and
sec. 17, N\1/2\SE\1/ Shirley M.
4\, SE\1/4\SE\1/4\. Thompson.
OR-61557............. T.26 S., R.34 E., 40.00 3,200 Modified Competitive Walter B. Smith
sec. 22, SW\1/ Estate, Nevin L.
4\NE\1/4\. and Shirley M.
Thompson.
OR-61558............. T.26 S., R.34 E., 40.00 3,200 Modified Competitive Nevin L. and
sec. 28, NE\1/ Shirley M.
4\NE\1/4\. Thompson, Zachary
O. Sword.
OR-61559............. T.27 S., R.31 E., 440.00 48,400 Competitive......... None.
sec. 5, S\1/2\SW\1/
4\, SW\1/4\SE\1/4\;
sec. 8, W\1/2\.
OR-61560............. T.27 S., R.31 E., 240.00 28,800 Competitive......... None.
sec. 6, E\1/2\SW\1/
4\, SE\1/4\.
OR-61561............. T.27 S., R.34 E., 160.00 18,400 Competitive......... None.
sec. 9, SW\1/4\NE\1/
4\, W\1/2\SE\1/4\,
SE\1/4\SE\1/4\.
OR-62938............. T.22 S., R.33 E., 185.81 33,100 Modified Competitive Rattlesnake Creek
sec. 19, lot 4; Land and Cattle
sec. 30, lots 1, Co., Gene Watson.,
and 2, E\1/2\NW\1/ Don G. Toelle--
4\. Trustee, and John
L. Toelle.
OR-63606............. T.25 S., R.31 E., 40.00 7,200 Modified Competitive Juniper Basin
sec. 19, NE\1/ Ranch, Stanley L.
4\SE\1/4\. and Barbara F.
Kull.
----------------------
Total............ .................... 2,905.42
----------------------------------------------------------------------------------------------------------------

The sale will include all mineral interests of the United States
unless otherwise noted below.
The following will be included in, and will survive, the sale and
conveyances of the land:

All Parcels

1. A right-of-way for ditches and canals will be reserved to the
United States under the authority of the Act of August 30, 1890 (26
Stat. 291; 43 U.S.C. 945).
2. A notice and indemnification statement under the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA). All
parcels are subject to the requirements of Section 120(h) (42 U.S.C.
9620) holding the United States harmless from any release of hazardous
materials that may have occurred as a result of the unauthorized use of
the property by other parties.
3. No representation, warranty, or covenant of any kind, express or
implied, is given or made by the United States as to access to or from
any parcel of land, the title, whether or to what extent the land may
be developed, its physical condition, present or potential uses, or any
other circumstance or condition.
4. All conveyance documents will be issued subject to all valid
existing rights and reservations of record. All persons, other than the
successful bidders, claiming to own unauthorized improvements on the
land are allowed 60 days from the date of sale to remove the improvements.

OR-61543 and OR-61544

1. A wetland/riparian covenant pursuant to the authority contained
in Section (4) of Executive Order 11990 of May 24, 1977.
2. A flood plain covenant pursuant to the authority contained in
Section 3(d) of Executive Order 11988 of May 24, 1977.

OR-61545

1. A reservation to the United States of all geothermal steam
resources subject to the provisions of the Act of December 24, 1970 (84
Stat. 1566).
2. A wetland/riparian covenant pursuant to the authority contained
in Section (4) of Executive Order 11990 of May 24, 1977.
3. A flood plain covenant pursuant to the authority contained in
Section 3(d) of Executive Order 11988 of May 24, 1977.

OR-61547

1. A flood plain covenant pursuant to the authority contained in
Section 3(d) of Executive Order 11988 of May 24, 1977.
2. A reservation for a road right-of-way for access to the Malheur
National Wildlife Refuge held by the U.S. Fish and Wildlife Service.

OR-61549, OR-61550, OR-61551

1. A flood plain covenant pursuant to the authority contained in
Section 3(d) of Executive Order 11988 of May 24, 1977.

OR-62938

1. A reservation to the United States for a right-of-way for access
road purposes.
2. A portion of the property (150.65 acres) will be conveyed by
quitclaim deed issued by the United States. Mineral estate is held by a
third party and cannot be conveyed by the United States.
3. Remaining 35.16 acres will be conveyed by patent and will
include all mineral interests of the United States.
It is recommended that before submitting a bid, a prospective
purchaser obtain a title search, conduct an inspection of the property
and check with the appropriate city or county planning department to
verify approved uses.
The land described herein is hereby segregated from appropriation
under the public land laws, including the mining laws, pending
disposition of the action or 270 days from the date of publication of
this notice, whichever occurs first.

Competitive Bidding Procedures

The Federal Land Policy and Management Act and its implementing
sale regulations at 43 CFR part 2710 provide that competitive bidding
will be

[[Page 61068]]

the general method of selling land supported by factors such as
competitive interest, accessibility, and usability of the parcel,
regardless of adjacent ownership.
Under competitive procedures the land will be sold to any qualified
bidder submitting the highest bid. Bidding will be by sealed bid
followed by an oral auction to be held at 2 p.m. PST on Wednesday,
December 13, 2006, at the Burns District Office, Bureau of Land
Management, 28910 Hwy 20 West, Hines, Oregon.
To qualify for the oral auction bidders must submit a sealed bid
meeting the requirements as stated below. The highest valid sealed bid
will become the starting bid for the oral auction. Bidding in the oral
auction will be in minimum increments of $100. The highest bidder from
the oral auction will be declared the prospective purchaser. If no
valid bids are received, the parcel will be declared unsold and offered
using competitive procedures for unsold parcels on a continuing basis
until sold or withdrawn from sale.

Modified Competitive Procedures

Modified competitive procedures are allowed by the regulations at
43 CFR 2710.0-6(c)(3)(ii) to provide exceptions to competitive bidding
to assure compatibility with existing and potential land uses.
Under modified competitive procedures the designated bidders
identified in the table above will be given the opportunity to match or
exceed the apparent high bid.
The apparent high bid will be established by the highest valid
sealed bid received in an initial round of public bidding. If two or
more valid sealed bids of the same amount are received for the same
parcel, that amount shall be determined to be the apparent high bid.
The designated bidders are required to submit a valid bid in the
initial round of public bidding to maintain their preference
consideration. The bid deposit for the apparent high bid(s) and the
designated bidders will be retained and all others will be returned.
The bid opening for this initial round of public bidding will be held
at 2 p.m. PST on Wednesday, December 13, 2006, at the Burns District
Office, BLM.
The designated bidders will be notified by certified mail of the
apparent high bid. Where there are two or more designated bidders for a
single parcel, they will be allowed 30 days to provide the authorized
officer with (i) an agreement as to the division of the property or,
(ii) if agreement cannot be reached, sealed bids for not less than the
apparent high bid. Failure to submit an agreement or a bid shall be
considered a waiver of the option to divide the property equitably and
forfeiture of the preference consideration. Failure to act by all of
the designated bidders will result in the parcel being offered to the
apparent high bidder or being declared unsold, if no bids were received
in the initial round of bidding.

Additional Terms and Conditions of Sale

All sealed bids must be submitted to the Burns District Office, at
the address stated above, no later than 2 p.m. PST on Wednesday,
December 13, 2006, when the bid opening and oral auction will be held.
The outside of bid envelopes must be clearly marked with ``BLM Land
Sale,'' the parcel number and the bid opening date. Bids must be for
not less than the appraised market value (minimum bid). Separate bids
must be submitted for each parcel. Each sealed bid shall be accompanied
by a certified check, postal money order, bank draft, or cashier's
check made payable in U.S. dollars to the Department of the Interior-
BLM for not less than 20 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. A
successful bidder for competitive parcels shall make an additional
deposit at the close of the auction to bring the total bid deposit up
to the required 20 percent of the high bid. Personal checks or cash
will be acceptable for this additional deposit only.
If any of the parcels are not sold using the procedures described
above, the parcel will be reoffered on a continuing basis in accordance
with the procedures described in 43 CFR 2711.3-1. Sealed bids for
unsold parcels will be accepted from any qualified bidder and held
until the second Wednesday of each month at 2 p.m. PST when they will
be opened. Bid openings will take place every month until the parcels
are sold or withdrawn from sale. Bids for unsold parcels must meet the
requirements described above for sealed bids.
Prospective purchasers will be allowed 180 days to submit the
balance of the purchase price. Failure to meet this timeframe shall
cause the deposit to be forfeited. The parcel will then be offered to
the next lowest qualified bidder, or if no other bids were received,
the parcel will be declared unsold.
Federal law requires that public land may be sold only to either
(1) citizens of the United States, 18 years of age or over; (2)
corporations subject to the laws of any State or of the United States;
(3) a State, State instrumentality or political subdivision authorized
to hold property; or (4) an entity legally capable of conveying and
holding lands or interests therein under the laws of the State within
which the lands to be conveyed are located. Certifications and evidence
to this effect will be required of the prospective purchaser prior to sale.
A successful bid for a parcel will constitute an application for
conveyance of those portions of the mineral estate being conveyed in
accordance with Section 209 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1719). A nonrefundable fee of $50 will be
required from the prospective purchaser for purchase of the mineral
interests. Those mineral interests, to be conveyed simultaneously with
the sale of the land, have been determined to have no known mineral value.

Public Comments

On or before December 1, 2006, any person may submit written
comments regarding the proposed sale to the Three Rivers Resource Area
Field Manager at the Burns District Office, Bureau of Land Management,
28910 Hwy 20 West, Hines, Oregon 97738. Comments or protests applicable
to a specific parcel must be identified with the appropriate serial number.
Comments, including names, street addresses, and other contact
information of respondents, will be available for public review.
Individual respondents may request confidentiality. If you wish to
request that BLM consider withholding your name, street address, and
other contact information (such as Internet address, FAX or phone
number) from public review or from disclosure under the Freedom of
Information Act, you must state this prominently at the beginning of
your comment. The BLM will honor requests for confidentiality on a
case-by-case basis to the extent allowed by law. The BLM will make
available for public inspection in their entirety all submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or businesses.
Detailed information, including appraisal and environmental
reports, relative to this public land sale is available on the Internet
at http://www.or.blm.gov/Burns or at the Burns District Office during
business hours. Inquiries also may be directed to Joan Suther, Field
Manager, Skip Renchler or Holly Orr, Realty Specialists, Three Rivers
Resource Area, Burns District

[[Page 61069]]

Office at the above address, or by phone (541) 573-4400.
Objections will be reviewed by the BLM, Burns District Manager, who
may sustain, vacate, or modify this realty action. In the absence of
any objections, this realty action will become the final determination
of the Department of the Interior.

(Authority: 43 CFR 2711.1-2)

Dated: August 28, 2006.
Joan M. Suther,
Three Rivers Resource Area Field Manager.
[FR Doc. E6-17139 Filed 10-16-06; 8:45 am]
BILLING CODE 4310-33-P

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Sale of Public Land; Harney County, OR

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