Sale of Public Land; Harney County, OR, 61066-61069 [E6-17139]

Agencies

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

[Federal Register Volume 71, Number 200 (Tuesday, October 17, 2006)]
[Notices]
[Pages 61066-61069]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17139]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-025-06-5870-EU; HAG 06-0165]


Sale of Public Land; Harney County, OR

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 https://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