Notice of Realty Action: Proposed Competitive Sealed-Bid, Oral Auction Sale and Segregation of Public Land in Owyhee County, ID, 3465-3467 [2016-01188]
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Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Notices
The area described contains 120.84 acres.
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[15X.LLID990000 L14400000.EU0000
LXSSD0190000 241A 4500057150; IDI–
37482]
Notice of Realty Action: Proposed
Competitive Sealed-Bid, Oral Auction
Sale and Segregation of Public Land in
Owyhee County, ID
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
The Bureau of Land
Management (BLM) proposes to offer a
parcel of public land totaling 120.84
acres in Owyhee County, Idaho, by
competitive sealed-bid and oral auction
sale for a price not less than the fair
market value (FMV) of $ 77,000. The
sale will be subject to applicable
provisions of Section 203 of the Federal
Land Policy and Management Act
(FLPMA) of 1976, as amended, and
applicable BLM regulations.
DATES: Submit written comments via
email, hand delivery, or mail.
Comments must be received by the BLM
Boise District Office on or before March
7, 2016. The period to submit sealedbids and the sale date will be no earlier
than March 21, 2016, which will be a
minimum of 30 days prior to the sale
date, through publication in a local
newspaper, online media, and by mail
to interested parties who submit a
written request for information
regarding the sale. The BLM must be in
receipt of your request for information
by the deadline for submission of
written comments. The sale date will be
no earlier than April 20, 2016.
ADDRESSES: Submit written comments
concerning this notice to BLM Boise
District, 3948 Development Avenue,
Boise, ID 83705. Email comments to
hemingway@blm.gov.
FOR FURTHER INFORMATION CONTACT:
Jeremy Bluma, Realty Specialist, 208–
384–3348, or email jbluma@blm.gov.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 1–800–877–8339 to contact
Mr. Bluma. The FIRS is available 24
hours a day, 7 days a week, to leave a
message or question with Mr. Bluma.
You will receive a reply during normal
business hours.
SUPPLEMENTARY INFORMATION: The BLM
proposes to offer the following parcel of
public land for a competitive sale:
asabaliauskas on DSK9F6TC42PROD with NOTICES
SUMMARY:
Boise Meridian, Idaho
T. 1 S., R. 3 W.,
Sec. 11, lots 1 through 3.
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18:26 Jan 20, 2016
Jkt 238001
The map delineating the sale parcel is
available for public review at the Boise
District Office. The lands are not
suitable for management by other
Federal agencies. A mineral potential
report concludes that the sale parcel has
known mineral values; therefore, the
mineral estate will be reserved to the
United States pursuant to 43 CFR
2720.0–6. The competitive sale is
consistent with the 1999 Owyhee
Resource Management Plan (RMP),
Record of Decision, dated, December 30,
1999. The sale parcel conforms to the
RMP decision ‘‘Land 2,’’ and the land is
suitable for sale under the authority of
Section 203 of FLPMA in the approved
RMP.
Upon publication of this Notice in the
Federal Register the subject land is
segregated from all forms of
appropriation under the public land
laws, including the mining laws, except
for the sale provisions of FLPMA.
This segregative effect will terminate
upon issuance of a patent, publication
in the Federal Register of a termination
of the segregation or January 22, 2018,
unless extended by the BLM Idaho State
Director in accordance with 43 CFR
2711.1–2(d) prior to the termination
date.
Until completion of the sale, the BLM
will no longer accept land use
applications affecting the sale parcel,
except applications for the amendment
of previously filed right-of-way (ROW)
applications or existing authorizations
to increase the term of the grants in
accordance with 43 CFR 2807.15 and
2886.15.
Prior to patent issuance, the BLM will
notify valid existing right-of-way holder
of record of their ability to convert their
existing ROW to a new term, including
perpetuity, if applicable, or conversion
to an easement. In accordance with
Federal regulations at 43 CFR 2807.15,
once notified, each valid holder may
apply for the conversion of their current
authorization. The conveyance
document would be subject to the
following terms, covenants, conditions,
and reservations:
1. A reservation to the United States
of a ROW for ditches and canals
constructed by authority of the United
States under the Act of August 30, 1890
(43 U.S.C. 945);
2. A reservation to the United States
of all minerals, together with the right
to prospect for, mine, and remove such
deposits from the same under applicable
law and such regulations as the
Secretary of the Interior may prescribe;
3. The parcel will be subject to all
valid existing rights;
PO 00000
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3465
4. By accepting patent, the patentee
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 or nature arising
from the past, present, and future acts
or omissions of the patentee, its
employees, agents, contractors, or
lessees, or any third-party, arising out
of, or in connection with, the patentee’s
use, occupancy, or operations on the
patented real property. This
indemnification and hold harmless
agreement includes, but is not limited
to, acts and omissions of the patentee,
its employees, agents, contractors, or
lessees, or third party arising out of or
in connection with the use and/or
occupancy of the patented real property
resulting in: (1) Violations of Federal,
State, and local laws and regulations
applicable to the real property; (2)
Judgments, claims or demands of any
kind assessed against the United States;
(3) Costs, expenses, damages of any kind
incurred by the United States; (4)
Releases or threatened releases of solid
or hazardous waste(s) and/or hazardous
substances(s), as defined by Federal or
State environmental laws, off, on, into
or under land, property and other
interests of the United States; (5)
Activities by which solid or hazardous
substances or wastes, as defined by
Federal and State environmental laws
were generated, released, stored, used or
otherwise disposed of on the patented
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 patented real property, and
may be enforced by the United States in
a court of competent jurisdiction;
5. Pursuant to the requirements in
Section 120(h) of the Comprehensive
Environmental Response, Compensation
and Liability Act U.S.C. 9620 (h), notice
is hereby given that the sale parcel has
been examined and no evidence was
found to indicate that any hazardous
substances have been stored for 1 year
or more, nor have any hazardous
substances been disposed of or released
on the subject property; and
6. No warranty of any kind, express or
implied, is given by the United States or
its officers or employees, as to title,
access to or from the above sale parcel
of land, whether or to what extent the
land may be developed, its physical
condition, or past, present, or future
use, or any other circumstances or
condition. The conveyance of any such
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asabaliauskas on DSK9F6TC42PROD with NOTICES
3466
Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Notices
parcel will not be on a contingency
basis.
In order to determine the FMV
through appraisal, certain extraordinary
assumptions and hypothetical
conditions may be made concerning the
attributes and limitations of the lands
and potential effects of local regulations
and policies on potential future land
uses. Through publication of this
Notice, the BLM advises that the units
of local government may not endorse or
approve these assumptions.
Sale Procedures: The parcel will be
sold by sealed-bid followed by an oral
auction. Sealed-bid envelopes must be
clearly marked on the front lower left
corner with: ‘‘SEALED–BID BLM LAND
SALE IDI–37482.’’ Sealed-bids must
include 20 percent of the bid amount
and their bid payment in the form of a
certified check, postal money order,
bank draft, or cashier’s check or any
combination thereof, and made payable
in U.S. dollars to the Department of the
Interior—Bureau of Land Management.
Personal or company checks will not be
accepted. In addition to the deposit, the
sealed-bid envelope must contain a
completed and signed ‘‘Certificate of
Eligibility’’ form stating the name,
mailing address, and telephone number
of the entity or person submitting the
bid. Certificate of Eligibility forms are
available at the BLM Boise District
Office at the address listed in the
ADDRESSES section of this notice.
Sealed-bids will be opened and
recorded on the sale date to determine
the high bid among the qualified bids
received. The highest qualified sealedbid will become the starting point for
subsequent oral bidding. Any bids in an
amount less than the federally approved
FMV will not be considered. The BLM
will send the successful high bidder(s)
a letter with information regarding full
payment.
All funds submitted with an
unsuccessful bid will be returned to the
bidders or their authorized
representative upon presentation of
acceptable photo identification at the
BLM Boise District Office or by certified
mail. If a bidder defaults on the sale
parcel, the BLM may retain the bid
deposit and cancel the sale of that
parcel. If a high bidder is unable to
consummate the transaction for any
other reason, the second highest bid at
or above the FMV may be considered. If
there are no acceptable bids, the parcel
may remain available for over-the
counter sale on a continuing basis in
accordance with competitive sale
procedures without further legal notice.
Federal law requires that bidders
must be: (1) United States citizens 18
years of age or older; (2) A corporation
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18:26 Jan 20, 2016
Jkt 238001
subject to the laws of any State or of the
United States; (3) An entity legally
capable of conveying and holding lands
or interests therein under the laws of the
State of Idaho within which the lands to
be conveyed are located; or (4) A State,
State instrumentality, or political
subdivision authorized to hold real
property. United States citizenship is
evidenced by presenting a birth
certificate, passport, or naturalization
papers. Failure to submit the above
requested documents to the BLM within
30 days from receipt of the high-bidder
letter shall result in cancellation of the
sale and forfeiture of the bid deposit.
No contractual or other rights against
the United States may accrue until the
BLM officially accepts the offer to
purchase and the full bid price is paid.
Unless other satisfactory
arrangements are approved in advance
by a BLM authorized officer,
conveyance of title shall be through the
use of escrow. Designation of the escrow
agent shall be through mutual
agreement between the BLM and the
prospective patentee, and costs of
escrow shall be borne by the prospective
patentee. Requests for all escrow
instructions must be received by the
BLM Boise District Office prior to 30
days before the prospective patentee’s
scheduled closing date. There will be no
exceptions.
All name changes and supporting
documentation must be received at the
BLM Boise District Office by 3 p.m.,
Mountain Time (MT) no later than 30
days from the date noted on the highbidder letter. Name changes will not be
accepted after that date. To submit a
name change, the apparent high bidder
must submit the name change in writing
on the Certificate of Eligibility form to
the BLM Boise District Office.
The remainder of the full bid price for
the parcel must be paid no later than 3
p.m. MT on the 180th day following the
sale date. Payment must be submitted in
the form of a certified check, U.S. postal
money order, bank draft, cashier’s
check, or made available by electronic
fund transfer made payable in U.S.
dollars to the ‘‘Bureau of Land
Management’’ to the BLM Boise District
Office. Personal or company checks will
not be accepted. Arrangements for
electronic fund transfer to BLM for
payment of the balance due must be
made a minimum of 2 weeks prior to the
payment date. The BLM will not accept
the remainder of the bid price after the
180th day following the sale date.
Failure to pay the full bid price prior to
the expiration of the 180th day will
disqualify the apparent high bidder and
cause the entire bid deposit to be
forfeited to the BLM. Forfeiture of the
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Fmt 4703
Sfmt 4703
bid deposit is in accordance with 43
CFR 2711.3–1(d). No exceptions will be
made. The BLM cannot accept the
remainder of the bid price after the
180th day following the sale date.
The BLM will not sign any documents
related to 1031 Exchange transactions.
The timing for completion of an
exchange is the bidder’s responsibility.
The BLM cannot be a party to any 1031
Exchange.
In accordance with 43 CFR 2711.3–
1(f), within 30 days following the date
of the sale, the BLM may accept or reject
any or all offers to purchase, or
withdraw any parcel of land or interest
therein from sale if, in the opinion of
the BLM authorized officer,
consummation of the sale would be
inconsistent with any law, or for other
reasons as may be provided by
applicable laws or regulations. No
contractual or other rights against the
United States may accrue until the BLM
officially accepts the offer to purchase
and the full bid price is paid.
It is the buyer’s responsibility to be
aware of all applicable Federal, State,
and local government laws, regulations
and policies that may affect the subject
lands, including any required
dedication of lands for public uses. It is
the buyer’s responsibility to be aware of
existing or prospective uses of nearby
properties. When conveyed out of
Federal ownership, the lands would be
subject to any applicable laws,
regulations, and policies of the
applicable local government for future
uses. It is the responsibility of the
purchaser to be aware through due
diligence of those laws, regulations, and
policies, and to seek any local approvals
for future uses. Buyers should make
themselves aware of any Federal or
State laws or regulations that may affect
the future use of the property. Any
public land lacking access from a public
road or highway would be conveyed as
such, and future access acquisition
would be the responsibility of the buyer.
Information concerning the sale,
encumbrances of record, appraisals,
reservations, sale procedures and
conditions, the CERCLA, and other
environmental documents that may
appear in the BLM public files for the
sale parcel are available for review at
the BLM Boise District Office during
business hours, 8:30 a.m. to 3:30 p.m.
MT, Monday through Friday, except
during Federal holidays.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including any
personal identifying information—may
be made publicly available at any time.
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Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Notices
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 regarding
this sale will be reviewed by the Idaho
BLM State Director or other authorized
official of the Department of the Interior,
who may sustain, vacate, or modify this
realty action. In the absence of any
adverse comments, this realty action
will become the final determination of
the Department of the Interior.
Authority: 43 CFR part 2710.
Michelle Ryerson,
Field Manager, BLM Owyhee Field Office.
[FR Doc. 2016–01188 Filed 1–20–16; 8:45 am]
BILLING CODE 4310–GG–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLORL05000; L19900000.EX0000;
15XL1109HF; HAG 15–0214]
Notice of Intent To Prepare an
Environmental Impact Statement for
Expanding an Existing Perlite Mining
Operation; Lake County, Oregon
Bureau of Land Management,
Interior.
ACTION: Notice of intent.
AGENCY:
In compliance with the
National Environmental Policy Act of
1969, as amended (NEPA), and the
Federal Land Policy and Management
Act of 1976 (FLPMA), as amended, the
Bureau of Land Management (BLM)
Lakeview Resource Area, Lakeview,
Oregon intends to prepare an
Environmental Impact Statement (EIS)
and by this notice is announcing the
beginning of the scoping process to
solicit public comments and identify
issues.
DATES: This notice initiates the public
scoping process for the EIS. Comments
on issues may be submitted in writing
until February 22, 2016. The date(s) and
location(s) of any scoping meetings will
be announced at least 15 days in
advance through local media,
newspapers and the BLM Web site at:
https://www.blm.gov/or/districts/
lakeview/index.php. In order to be
included in the Draft EIS, all comments
must be received prior to the close of
the 30-day scoping period or 15 days
after the last public meeting, whichever
is later. The BLM will provide
additional opportunities for public
participation upon publication of the
Draft EIS.
ADDRESSES: You may submit comments
related to the EIS for Expanding an
asabaliauskas on DSK9F6TC42PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:26 Jan 20, 2016
Jkt 238001
Existing Perlite Mining Operation; Lake
County, Oregon by any of the following
methods:
• Mail: Todd Forbes, Field Manager,
Lakeview Resource Area, Bureau of
Land Management, 1301 South G Street,
Lakeview, Oregon 97630.
• Email: pdamo@blm.gov.
• Fax: 541–947–6399; Attn: Phil
D’Amo.
Phil
D’Amo, Geologist, telephone: 541–947–
6114; address: Lakeview Resource Area,
Bureau of Land Management, 1301
South G Street, Lakeview, OR 97630;
email: pdamo@blm.gov. Contact Mr.
D’Amo to have your name added to the
BLM’s mailing list. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: The
applicant, Cornerstone, Inc., has
requested to modify its existing Plan of
Operation by expanding its existing 70acre quarry by up to an additional 340
acres on Tucker Hill, located
approximately 35 miles northwest of the
town of Lakeview, Oregon. The BLM
will consider issues and concerns
identified during the scoping process
during the preparation of the EIS. The
purpose of the public scoping process is
to determine relevant issues that will
influence the scope of the
environmental analysis, including
alternatives, and guide the process for
developing the EIS. The preliminary
issues identified include potential
impacts to soils, vegetation, noxious
weeds, traditional Native American
uses, archaeological sites, wildlife
habitat, visual quality, and socioeconomics. The BLM will identify,
analyze, and require mitigation, as
appropriate, to address the reasonably
foreseeable impacts to resources from
the expansion of this mine. Mitigation
may include avoidance, minimization,
rectification, reduction or elimination
over time, and compensatory mitigation,
and may be considered at multiple
scales, including the landscape-scale.
Those individuals, organizations, tribal
governments, and agencies with a
known interest in the proposal have
been sent a scoping letter requesting
comments. At this time there is no
formal scoping meeting planned, though
one could be scheduled if there is
sufficient interest.
FOR FURTHER INFORMATION CONTACT:
PO 00000
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3467
The comment period on the draft EIS
will last 45 days from the date the U.S.
EPA Notice of Availability appears in
the Federal Register. Because of recent
court rulings, it is very important that
interested parties participate during the
scoping and draft EIS review processes,
so that any substantive comments are
provided at a time when the BLM can
meaningfully consider them.
The BLM will utilize and coordinate
the NEPA scoping process to help fulfill
the public involvement process under
the National Historic Preservation Act
(54 U.S.C. 306108) as provided in 36
CFR 800.2(d)(3). The information about
historic and cultural resources within
the area potentially affected by the
proposed action will assist the BLM in
identifying and evaluating impacts to
such resources.
The BLM will consult with Indian
tribes on a government-to-government
basis in accordance with Executive
Order 13175 and other policies. Tribal
concerns, including impacts on Indian
trust assets and potential impacts to
cultural resources, will be given due
consideration. Federal, State, and local
agencies, along with tribes and other
stakeholders that may be interested in or
affected by the proposed EIS for
Expanding an Existing Perlite Mining
Operation; Lake County, Oregon that the
BLM is evaluating, are invited to
participate in the scoping process and,
if eligible, may request or be requested
by the BLM to participate in the
development of the environmental
analysis as a cooperating agency.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment letter, 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 to have your
personal identifying information
withheld from public review, we cannot
guarantee that we will be able to do so.
Todd Forbes,
Field Manager, Lakeview Resource Area.
[FR Doc. 2016–01176 Filed 1–20–16; 8:45 am]
BILLING CODE 4310–33–P
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]]>Agencies
[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Notices]
[Pages 3465-3467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01188]
[[Page 3465]]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[15X.LLID990000 L14400000.EU0000 LXSSD0190000 241A 4500057150; IDI-
37482]
Notice of Realty Action: Proposed Competitive Sealed-Bid, Oral
Auction Sale and Segregation of Public Land in Owyhee County, ID
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) proposes to offer a parcel
of public land totaling 120.84 acres in Owyhee County, Idaho, by
competitive sealed-bid and oral auction sale for a price not less than
the fair market value (FMV) of $ 77,000. The sale will be subject to
applicable provisions of Section 203 of the Federal Land Policy and
Management Act (FLPMA) of 1976, as amended, and applicable BLM
regulations.
DATES: Submit written comments via email, hand delivery, or mail.
Comments must be received by the BLM Boise District Office on or before
March 7, 2016. The period to submit sealed-bids and the sale date will
be no earlier than March 21, 2016, which will be a minimum of 30 days
prior to the sale date, through publication in a local newspaper,
online media, and by mail to interested parties who submit a written
request for information regarding the sale. The BLM must be in receipt
of your request for information by the deadline for submission of
written comments. The sale date will be no earlier than April 20, 2016.
ADDRESSES: Submit written comments concerning this notice to BLM Boise
District, 3948 Development Avenue, Boise, ID 83705. Email comments to
hemingway@blm.gov.
FOR FURTHER INFORMATION CONTACT: Jeremy Bluma, Realty Specialist, 208-
384-3348, or email jbluma@blm.gov. Persons who use a telecommunications
device for the deaf (TDD) may call the Federal Information Relay
Service (FIRS) at 1-800-877-8339 to contact Mr. Bluma. The FIRS is
available 24 hours a day, 7 days a week, to leave a message or question
with Mr. Bluma. You will receive a reply during normal business hours.
SUPPLEMENTARY INFORMATION: The BLM proposes to offer the following
parcel of public land for a competitive sale:
Boise Meridian, Idaho
T. 1 S., R. 3 W.,
Sec. 11, lots 1 through 3.
The area described contains 120.84 acres.
The map delineating the sale parcel is available for public review
at the Boise District Office. The lands are not suitable for management
by other Federal agencies. A mineral potential report concludes that
the sale parcel has known mineral values; therefore, the mineral estate
will be reserved to the United States pursuant to 43 CFR 2720.0-6. The
competitive sale is consistent with the 1999 Owyhee Resource Management
Plan (RMP), Record of Decision, dated, December 30, 1999. The sale
parcel conforms to the RMP decision ``Land 2,'' and the land is
suitable for sale under the authority of Section 203 of FLPMA in the
approved RMP.
Upon publication of this Notice in the Federal Register the subject
land is segregated from all forms of appropriation under the public
land laws, including the mining laws, except for the sale provisions of
FLPMA.
This segregative effect will terminate upon issuance of a patent,
publication in the Federal Register of a termination of the segregation
or January 22, 2018, unless extended by the BLM Idaho State Director in
accordance with 43 CFR 2711.1-2(d) prior to the termination date.
Until completion of the sale, the BLM will no longer accept land
use applications affecting the sale parcel, except applications for the
amendment of previously filed right-of-way (ROW) applications or
existing authorizations to increase the term of the grants in
accordance with 43 CFR 2807.15 and 2886.15.
Prior to patent issuance, the BLM will notify valid existing right-
of-way holder of record of their ability to convert their existing ROW
to a new term, including perpetuity, if applicable, or conversion to an
easement. In accordance with Federal regulations at 43 CFR 2807.15,
once notified, each valid holder may apply for the conversion of their
current authorization. The conveyance document would be subject to the
following terms, covenants, conditions, and reservations:
1. A reservation to the United States of a ROW for ditches and
canals constructed by authority of the United States under the Act of
August 30, 1890 (43 U.S.C. 945);
2. A reservation to the United States of all minerals, together
with the right to prospect for, mine, and remove such deposits from the
same under applicable law and such regulations as the Secretary of the
Interior may prescribe;
3. The parcel will be subject to all valid existing rights;
4. By accepting patent, the patentee 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 or nature arising from the past, present, and future acts or
omissions of the patentee, its employees, agents, contractors, or
lessees, or any third-party, arising out of, or in connection with, the
patentee's use, occupancy, or operations on the patented real property.
This indemnification and hold harmless agreement includes, but is not
limited to, acts and omissions of the patentee, its employees, agents,
contractors, or lessees, or third party arising out of or in connection
with the use and/or occupancy of the patented real property resulting
in: (1) Violations of Federal, State, and local laws and regulations
applicable to the real property; (2) Judgments, claims or demands of
any kind assessed against the United States; (3) Costs, expenses,
damages of any kind incurred by the United States; (4) Releases or
threatened releases of solid or hazardous waste(s) and/or hazardous
substances(s), as defined by Federal or State environmental laws, off,
on, into or under land, property and other interests of the United
States; (5) Activities by which solid or hazardous substances or
wastes, as defined by Federal and State environmental laws were
generated, released, stored, used or otherwise disposed of on the
patented 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 patented real property, and may be enforced by the United States in
a court of competent jurisdiction;
5. Pursuant to the requirements in Section 120(h) of the
Comprehensive Environmental Response, Compensation and Liability Act
U.S.C. 9620 (h), notice is hereby given that the sale parcel has been
examined and no evidence was found to indicate that any hazardous
substances have been stored for 1 year or more, nor have any hazardous
substances been disposed of or released on the subject property; and
6. No warranty of any kind, express or implied, is given by the
United States or its officers or employees, as to title, access to or
from the above sale parcel of land, whether or to what extent the land
may be developed, its physical condition, or past, present, or future
use, or any other circumstances or condition. The conveyance of any
such
[[Page 3466]]
parcel will not be on a contingency basis.
In order to determine the FMV through appraisal, certain
extraordinary assumptions and hypothetical conditions may be made
concerning the attributes and limitations of the lands and potential
effects of local regulations and policies on potential future land
uses. Through publication of this Notice, the BLM advises that the
units of local government may not endorse or approve these assumptions.
Sale Procedures: The parcel will be sold by sealed-bid followed by
an oral auction. Sealed-bid envelopes must be clearly marked on the
front lower left corner with: ``SEALED-BID BLM LAND SALE IDI-37482.''
Sealed-bids must include 20 percent of the bid amount and their bid
payment in the form of a certified check, postal money order, bank
draft, or cashier's check or any combination thereof, and made payable
in U.S. dollars to the Department of the Interior--Bureau of Land
Management. Personal or company checks will not be accepted. In
addition to the deposit, the sealed-bid envelope must contain a
completed and signed ``Certificate of Eligibility'' form stating the
name, mailing address, and telephone number of the entity or person
submitting the bid. Certificate of Eligibility forms are available at
the BLM Boise District Office at the address listed in the ADDRESSES
section of this notice.
Sealed-bids will be opened and recorded on the sale date to
determine the high bid among the qualified bids received. The highest
qualified sealed-bid will become the starting point for subsequent oral
bidding. Any bids in an amount less than the federally approved FMV
will not be considered. The BLM will send the successful high bidder(s)
a letter with information regarding full payment.
All funds submitted with an unsuccessful bid will be returned to
the bidders or their authorized representative upon presentation of
acceptable photo identification at the BLM Boise District Office or by
certified mail. If a bidder defaults on the sale parcel, the BLM may
retain the bid deposit and cancel the sale of that parcel. If a high
bidder is unable to consummate the transaction for any other reason,
the second highest bid at or above the FMV may be considered. If there
are no acceptable bids, the parcel may remain available for over-the
counter sale on a continuing basis in accordance with competitive sale
procedures without further legal notice.
Federal law requires that bidders must be: (1) United States
citizens 18 years of age or older; (2) A corporation subject to the
laws of any State or of the United States; (3) An entity legally
capable of conveying and holding lands or interests therein under the
laws of the State of Idaho within which the lands to be conveyed are
located; or (4) A State, State instrumentality, or political
subdivision authorized to hold real property. United States citizenship
is evidenced by presenting a birth certificate, passport, or
naturalization papers. Failure to submit the above requested documents
to the BLM within 30 days from receipt of the high-bidder letter shall
result in cancellation of the sale and forfeiture of the bid deposit.
No contractual or other rights against the United States may accrue
until the BLM officially accepts the offer to purchase and the full bid
price is paid.
Unless other satisfactory arrangements are approved in advance by a
BLM authorized officer, conveyance of title shall be through the use of
escrow. Designation of the escrow agent shall be through mutual
agreement between the BLM and the prospective patentee, and costs of
escrow shall be borne by the prospective patentee. Requests for all
escrow instructions must be received by the BLM Boise District Office
prior to 30 days before the prospective patentee's scheduled closing
date. There will be no exceptions.
All name changes and supporting documentation must be received at
the BLM Boise District Office by 3 p.m., Mountain Time (MT) no later
than 30 days from the date noted on the high-bidder letter. Name
changes will not be accepted after that date. To submit a name change,
the apparent high bidder must submit the name change in writing on the
Certificate of Eligibility form to the BLM Boise District Office.
The remainder of the full bid price for the parcel must be paid no
later than 3 p.m. MT on the 180th day following the sale date. Payment
must be submitted in the form of a certified check, U.S. postal money
order, bank draft, cashier's check, or made available by electronic
fund transfer made payable in U.S. dollars to the ``Bureau of Land
Management'' to the BLM Boise District Office. Personal or company
checks will not be accepted. Arrangements for electronic fund transfer
to BLM for payment of the balance due must be made a minimum of 2 weeks
prior to the payment date. The BLM will not accept the remainder of the
bid price after the 180th day following the sale date. Failure to pay
the full bid price prior to the expiration of the 180th day will
disqualify the apparent high bidder and cause the entire bid deposit to
be forfeited to the BLM. Forfeiture of the bid deposit is in accordance
with 43 CFR 2711.3-1(d). No exceptions will be made. The BLM cannot
accept the remainder of the bid price after the 180th day following the
sale date.
The BLM will not sign any documents related to 1031 Exchange
transactions. The timing for completion of an exchange is the bidder's
responsibility. The BLM cannot be a party to any 1031 Exchange.
In accordance with 43 CFR 2711.3-1(f), within 30 days following the
date of the sale, the BLM may accept or reject any or all offers to
purchase, or withdraw any parcel of land or interest therein from sale
if, in the opinion of the BLM authorized officer, consummation of the
sale would be inconsistent with any law, or for other reasons as may be
provided by applicable laws or regulations. No contractual or other
rights against the United States may accrue until the BLM officially
accepts the offer to purchase and the full bid price is paid.
It is the buyer's responsibility to be aware of all applicable
Federal, State, and local government laws, regulations and policies
that may affect the subject lands, including any required dedication of
lands for public uses. It is the buyer's responsibility to be aware of
existing or prospective uses of nearby properties. When conveyed out of
Federal ownership, the lands would be subject to any applicable laws,
regulations, and policies of the applicable local government for future
uses. It is the responsibility of the purchaser to be aware through due
diligence of those laws, regulations, and policies, and to seek any
local approvals for future uses. Buyers should make themselves aware of
any Federal or State laws or regulations that may affect the future use
of the property. Any public land lacking access from a public road or
highway would be conveyed as such, and future access acquisition would
be the responsibility of the buyer.
Information concerning the sale, encumbrances of record,
appraisals, reservations, sale procedures and conditions, the CERCLA,
and other environmental documents that may appear in the BLM public
files for the sale parcel are available for review at the BLM Boise
District Office during business hours, 8:30 a.m. to 3:30 p.m. MT,
Monday through Friday, except during Federal holidays.
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including any personal identifying
information--may be made publicly available at any time.
[[Page 3467]]
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 regarding this sale will be
reviewed by the Idaho BLM State Director or other authorized official
of the Department of the Interior, who may sustain, vacate, or modify
this realty action. In the absence of any adverse comments, this realty
action will become the final determination of the Department of the
Interior.
Authority: 43 CFR part 2710.
Michelle Ryerson,
Field Manager, BLM Owyhee Field Office.
[FR Doc. 2016-01188 Filed 1-20-16; 8:45 am]
BILLING CODE 4310-GG-P
