Notice of Realty Action; Competitive Sale of Public Land, Idaho, 14291-14292 [E7-5536]

Agencies

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

[Federal Register Volume 72, Number 58 (Tuesday, March 27, 2007)]
[Notices]
[Pages 14291-14292]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5536]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[ID-110-1430-EU; DBG-07-1004; IDI-35476]


Notice of Realty Action; Competitive Sale of Public Land, Idaho

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: An 80.00 acre parcel of public land in Ada County, Idaho is 
being proposed for competitive sale under the provisions of the Federal 
Land Policy Management Act of 1976 (FLPMA), at no less than the 
appraised fair market value.

DATES: Comments must be received within 45 days following publication 
of this notice in the Federal Register.

ADDRESSES: Comments regarding the proposed sale or EA, as well as 
sealed bids, submitted to BLM, should be addressed to Rosemary Thomas, 
Four Rivers Field Manager, Bureau of Land Management, Boise District 
Office, 3948 Development Avenue, Boise, Idaho 83705, which is also the 
address for oral bidding registration, and the location where the 
public auction will be held.

FOR FURTHER INFORMATION CONTACT:  Information regarding the competitive 
sale instructions, procedures, documents, including environmental and 
appraisal documents, maps, and materials to submit a bid can be 
obtained at the public reception desk at the BLM Boise District Office, 
from 8 a.m. to 4:30 p.m., Monday through Friday (except Federal 
holidays), or by contacting John Sullivan, Assistant Four Rivers Field 
Manager, at the above address or phone (208) 384-3338.

SUPPLEMENTARY INFORMATION: The following described public land in Ada 
County, Idaho, has been examined and found suitable for sale utilizing 
competitive sale procedures under the authority of Section 203 and 
Section 209 of FLPMA (90 Stat. 2750, 43 U.S.C. 1713 and 1719):

T. 2 N., R. 1 W., Boise Meridian, Idaho, sec. 34: SE\1/4\SE\1/4\; 
sec. 35: SW\1/4\SW\1/4\.
    The area described contains 80.00 acres in Ada County.

    The 1983 Kuna Management Framework Plan identified this parcel of 
public land as suitable for disposal subject to a site-specific 
analysis. BLM has prepared an Environmental Assessment (EA) for this 
proposed sale, pursuant to the National Environmental Policy Act. A 
draft of the EA is available for public review and comment in the BLM 
Boise District office. BLM will be accepting comments from the public 
regarding the EA during the time for comment on the proposed sale, up 
to 45 days after publication of this Notice in the Federal Register.
    As of the date of publication of this notice in the Federal 
Register, the above described land is segregated from appropriation 
under the public land laws, including the mining laws, except the sale 
provisions of the FLPMA. The segregative effect will terminate upon 
issuance of a patent, publication in the Federal Register of a 
termination of the segregation, or two years from the date of 
publication of this notice in the Federal Register, whichever first 
occurs, unless extended by the BLM State Director in accordance with 43 
CFR 2711.1-2(d) prior to the termination date.
    The public land will not be offered for sale until at least 60 days 
after the date of publication of this notice in the Federal Register, 
and then at no less than the appraised fair market value of 
$1,600,000.00. A copy of the approved appraisal is located at the above 
address. The land patent, if issued, will be subject to the following 
terms, conditions and reservations:
    1. A reservation to the United States of a right-of-way for ditches 
and canals constructed by the authority of the United States under the 
Act of August 30, 1890 (43 U.S.C. 945).
    2. Those rights held by Ada County Highway District, its successors 
or assigns, for Kuna-Mora Road exercised under the Act of July 26, 1866 
(43 U.S.C. 932) and noted under BLM Serial Number IDI-20038.
    3. Pursuant to the requirements established by section 120(h) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act [42 U.S.C. 9620(h)] (CERCLA), as amended by the Superfund 
Amendments and Reauthorization Act of 1988 (100 Stat. 1670), notice is 
hereby given that the above-described lands have been examined and no 
evidence was found to indicate that any hazardous substances had been 
stored for one year or more, nor had any hazardous substances been 
disposed of or released on the subject property.

[[Page 14292]]

    4. All purchasers/patentees, by accepting a patent, covenant and 
agree 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 patentees or their 
employees, agents, contractors, 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 patentees and their employees, agents, contractors, or lessees, 
or any third party, arising out of or in connection with the use and/or 
occupancy of the patented real property which has already resulted or 
does hereafter result in: (1) Violations of Federal, State, and local 
laws and regulations that are now or may 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) Activities by which solid waste or hazardous substance(s) 
or waste, 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 
substance(s) or waste(s); or (6) Natural resource damages as defined by 
Federal and State law. This covenant shall be construed as running with 
the parcel of land patented or otherwise conveyed by the United States, 
and may be enforced by the United States in a court of competent 
jurisdiction.
    The purchaser, by accepting the land patent, agrees to take the 
property subject to the current grazing lease until such time as the 
lease expires, or two years from the date of this notice, whichever 
first occurs.
    This land will be offered for competitive sale on May 29, 2007, 
pursuant to 43 CFR 2711.3-1. In the event of a sale, the unreserved 
mineral estate will be conveyed simultaneously with the surface estate. 
The unreserved mineral interests have been determined to have no known 
mineral value pursuant to 43 CFR 2720.2(a). Acceptance of the sale 
offer will constitute an application for conveyance of the unreserved 
mineral interests. The purchaser will be required to pay a $50.00 non-
refundable filing fee for conveyance of the available mineral 
interests.
    The sale will be by sealed bid, followed by oral auction. All bids 
must be received at the BLM Boise District Office at the above address 
no later than 4:30 p.m. MST on the day before the sale. Federal law 
requires that bidders must be U.S. citizens 18 years of age or older, 
or in the case of a corporation, subject to the laws of any State of 
the U.S. Proof of citizenship shall accompany the bid.
    At 10 a.m. MST on May 29, 2007, sealed bids will be opened at the 
BLM Boise District Office, and the highest acceptable sealed bid will 
be determined. An oral auction will follow the determination of the 
highest acceptable sealed bid at or in excess of the appraised fair 
market value, with the opening oral bid being for not less than the 
highest acceptable sealed bid. Oral bidding will continue until the 
highest bid is determined. If no oral bids are received, the highest 
acceptable sealed bid will be considered the purchaser.
    The purchaser will have 30 days from the date of acceptance of the 
high bid to submit a deposit of 20 percent of the purchase price and 
the $50.00 filing fee for conveyance of mineral interests. The 
purchaser must remit the remainder of the purchase price within 180 
days from the date of the sale. Payments must be by certified check, 
postal money order, bank draft or cashiers check payable to the U.S. 
Department of the Interior--BLM. Failure to meet conditions established 
for this sale will void the sale, and any monies received will be 
forfeited to the BLM.
    Public Comments: For a period of 45 days following the publication 
of this notice in the Federal Register, the public and interested 
parties may submit written comments regarding the proposed sale and EA 
to the BLM Four Rivers Field Manager at the above address. Before 
including your address, phone number, e-mail address, or other personal 
identifying information in your comment, be advised that your entire 
comment--including your personal identifying information--may be made 
publicly available at any time.
    Any adverse comments will be reviewed by the BLM Idaho State 
Director, who may sustain, vacate, or modify this realty action and 
issue a final determination. 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(a))

    Dated: January 5, 2007.
Rosemary Thomas,
Four Rivers Field Manager.
 [FR Doc. E7-5536 Filed 3-26-07; 8:45 am]
BILLING CODE 4310-GG-P