Notice of Realty Action; Competitive Sale of Public Land, Valley County; Montana, 20723-20724 [E6-5954]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management
• Land Management Bureau

[Federal Register Volume 71, Number 77 (Friday, April 21, 2006)]
[Notices]
[Pages 20723-20724]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-5954]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[MT-092-1430-EU; MTM-93473]


Notice of Realty Action; Competitive Sale of Public Land, Valley 
County; Montana

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: A 40-acre public parcel of land located east of Glasgow, 
Valley County, Montana, has been examined and found suitable for sale 
utilizing competitive sale procedures.

DATES: The lands will be segregated on the date of publication of this 
notice in the Federal Register. Comments are due in the Glasgow Field 
Station by June 5, 2006. The sale will be held at the Glasgow Field 
Station on September 14, 2006.

ADDRESSES: Bureau of Land Management, Glasgow Field Station, P.O. Box 
871, 605 2nd Avenue South, Room 206, Glasgow, Montana 59230, 406-228-
3750.

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 desk at the above address 
from 7:30 a.m. to 4 p.m., Monday through Friday (except Federal 
holidays), or by contacting John Fahlgren, at 406-228-3757, at the 
Glasgow Field Station. For general information on BLM's public land 
sale procedures, refer to the following Web address: https://
www.blm.gov/nhp/what/lands/realty/sales.htm.

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

Principal Meridian, Montana

T. 29 N., R. 39 E., sec. 33, SW\1/4\NE\1/4\.

    Containing 40 acres, more or less in Valley County.

    The parcel will be offered through competitive sale pursuant to 43 
CFR 2711.3-1. Authority for the sale is sections 203 and section 209 of 
the Federal Land Policy and Management Act of October 21, 1976 (43 
U.S.C. 1701, 1713, 1719). This parcel of public land, east of Glasgow, 
Montana, is being offered for sale, using both sealed bid and oral bid 
procedures, at not less than the appraised fair market value of 
$26,000. The land is not required for Federal purposes and was 
identified for disposal in the Judith-Valley-Phillips Resource 
Management Plan approved in October 1992. The disposal (sale) of the 
parcel would serve the public benefit 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).
    The land is located one mile northwest of Glasgow, Montana, and has 
physical and legal access via U.S. Highway 2 and a well maintained 
county roadway, Jensen Trail. Jensen Trail cuts through the property on 
a north-south axis, bisecting the property. The parcel consists of a 
flat ridge top giving way to a south facing slope, which levels 
slightly at its southern border. The vegetation on the property 
consists mostly of native grasses and shrubs, and there are a few 
cottonwood trees on the property. There is no running surface water on 
the property; however, there are several small draws that are no doubt 
active during spring run-off. Home development is currently on the 
property's east, south, and northeast borders.
    Both sealed bids and oral bids will be accepted. All sealed bids 
must be received at the BLM, Glasgow Field Station (address stated 
above), not later than 4:30 p.m., MST, on the day prior to the sale or 
September 13, 2006. The outside of bid envelopes must be clearly marked 
on the front lower left-hand corner with ``BLM Land Sale MT, MTM-
93473,'' and the bid opening date. Bids must be for not less than the 
appraised market value of $26,000. 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 p.m. at the 
Glasgow Field Station office at the highest qualified sealed bidder's 
offer. The highest qualifying oral bidder shall submit payment by cash, 
personal check, bank draft, money order, or any combination for not 
less than one-fifth 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) make minor exceptions to procedures to resolve administrative or 
other conflicts; and (4) withdraw the property from sale or postpone 
the sale due to protests, appeals, litigation, administrative, or other 
reasons.
    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 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 Montana.
    For a period until June 5, 2006, interested parties may submit 
comments to the Glasgow Field Station, P.O. Box 871, 605 2nd Avenue 
South, Room 206, Glasgow, Montana 59230. Any comments are to be in 
letter format to be addressed and mailed to John Fahlgren, Assistant 
Field Manager, Glasgow Field Station. 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 Glasgow Field Station during regular business hours, 
except holidays. Individual respondents may request confidentiality. If 
you wish to withhold your name or address from public disclosure under 
the Freedom of Information Act, you must state this prominently at the 
beginning of your comments. Such requests will be honored to the extent 
allowed by law. All submissions from organizations or businesses, will 
be made available for public inspection in their entirety.
    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.
    The publication of this notice of realty action shall segregate the 
public lands

[[Page 20724]]

covered to the extent that they will not be subject to appropriation 
under the public land laws, including the mining laws. Any subsequent 
application shall not be accepted, shall not be considered as filed, 
and shall be returned to the applicant if the notice segregates the 
lands from the use applied for in the application. The segregative 
effect of the notice of realty action shall terminate upon issuance of 
patent or other document of conveyance to such lands, upon publication 
in the Federal Register of a termination of the segregation or 270 days 
from the date of publication, whichever occurs first. The patent will 
include the following reservations:
    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) 
and will be subject to valid existing rights and the following 
encumbrances of record:
    The conveyance will be subject to valid existing rights and the 
following encumbrances of record:
    1. Those rights for an access road which have been granted to 
Valley County by right-of-way MTM-58710 under the Federal Land Policy 
and Management Act of 1976; and
    2. Those rights for an electrical powerline which have been granted 
to Valley Electric Cooperative, Inc., right-of-way MTM-60025 under the 
Federal Land Policy and Management Act of 1976.
    No warranty of any kind shall be given or implied as to the 
potential use of the land offered for sale. In the event of a sale, the 
unreserved mineral interests will be conveyed simultaneously with the 
sale of the land. The unreserved mineral interests have no known 
mineral value. Acceptance of the sale offer will constitute an 
application for conveyance of those unreserved mineral interests 
pursuant to section 209 of the Federal Land Policy and Management Act 
of 1976. The purchaser will be required to pay a $50.00 non-refundable 
filing fee for conveyance of the available mineral interests with the 
final payment.
    The purchaser/patentee, by accepting patent, 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 patentee, its employees, agents, contractors, or lessees, or a 
third party arising out of, or in connection with, the patentee's use 
and/or occupancy of the patented 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 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.

John Fahlgren,
Assistant Field Manager, Glasgow Field Station.
[FR Doc. E6-5954 Filed 4-20-06; 8:45 am]
BILLING CODE 4310-$$-P