Notice of Realty Action: Competitive Sale of Public Lands in San Bernardino County, CA, 76043-76045 [E8-29571]

Agencies

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

[Federal Register Volume 73, Number 241 (Monday, December 15, 2008)]
[Notices]
[Pages 76043-76045]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29571]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCA9300000.LVFL58740000. LXSS003B0000-CACA 50075]


Notice of Realty Action: Competitive Sale of Public Lands in San 
Bernardino County, CA

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) proposes to sell a parcel 
of public land in San Bernardino County, California, consisting of 
approximately 40 acres. The sale will be conducted by the United States 
General Services Administration (GSA) as an online competitive bid 
auction, at GSA's Web site: https://www.auctionrp.com/. Interested 
bidders must first register to bid either at https://www.auctionrp.com 
or by mail and submit registration deposits, and once registered, may 
participate in online bidding. Bids must be equal to or greater than 
the appraised fair market value of the land. The sale will be completed 
under the authority of Sections 203 and 209 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1713 and 1719) and the 
implementing regulations at 43 CFR 2710 and 2720. The purpose of the 
sale is to dispose of lands which are difficult and uneconomic to 
manage as part of the public lands.

DATES: Comments regarding the proposed sale must be received by BLM on 
or before January 29, 2009. Bidding will open on or around March 2, 
2009 and will continue for at least 30 days. The date for receipt of 
final bids will be announced online, with 3 days notice. Bidding may 
continue beyond the date announced if deemed warranted by GSA due to 
bidder interest. Other deadline dates for payments, arranging payments, 
and payment by electronic transfers, are specified in the terms and 
condition of sale described herein. More specific information on the 
sale will be contained in an Invitation For Bids which will be 
available at https://www.auctionrp.com or https://
www.propertydisposal.gsa.gov.

ADDRESSES: Comments regarding the proposed sale should be submitted to 
BLM, to the attention of the Barstow Field Manager, at the following 
address: Bureau of Land Management, 2601 Barstow Road, Barstow, 
California 92311. More detailed information regarding the proposed sale 
and the land involved, including maps and current appraisal may be 
reviewed during normal business hours between 8 a.m. and 4 p.m. at the 
Barstow Field Office. GSA's address for purposes of bid registration 
will be specified in the Invitation For Bids to be available a https://
www.auctionrp.com.

FOR FURTHER INFORMATION CONTACT: Richard Rotte, Realty Specialist or 
Tom Gey, Realty Specialist (951) 697-55352 or via e-mail at Richard_
rotte@ca.blm.gov or thomas_gey@ca.blm.gov.

SUPPLEMENTARY INFORMATION: The following public lands in San Bernardino 
County, California have been identified as available for sale under the 
1980 BLM California Desert Conservation Area Plan, as amended, and are 
proposed for sale. The public lands proposed for sale consist of one 
parcel of approximately 40 acres. San Bernardino Meridian, California, 
T.10 N., R.2 W., sec. 32, NE\1/4\NE\1/4\. On December 15, 2008, the 
above-described land will be segregated from appropriation under the 
public land laws, including the mining laws, except the sale provisions 
of the FLPMA. Until completion of the sale, the BLM is no longer 
accepting land use applications affecting the identified public land, 
except applications for the amendment of previously-filed right-of-way

[[Page 76044]]

applications or existing authorizations to increase the term of the 
grants in accordance with 43 CFR 2807.15 and 2886.15. The segregative 
effect will terminate upon issuance of a patent, publication in the 
Federal Register of a termination of the segregation, or January 5, 
2009, unless extended by the BLM State Director in accordance with 43 
CFR 2711.1-2(d) prior to the termination date. Proceeds from the sale 
will be deposited into the Federal Land Disposal Account, pursuant to 
the Federal Land Transaction Facilitation Act. The lands identified for 
sale have no known mineral value and the proposed sale would include 
the conveyance of both the surface and mineral interests of the United 
States. A bid to purchase the land will constitute an application for 
conveyance of the mineral interest and in conjunction with the final 
payment; the applicant will be required to pay a $50.00 non-refundable 
filing fee for processing the conveyance of the mineral interest.
    The terms and conditions applicable to this sale are as follows:
    1. The lands will be conveyed with the following reservations to 
the United States: (a) A reservation of a right-of-way to the United 
States for ditches and canals constructed by authority of the United 
States under the Act of August 30, 1890 (43 U.S.C. 945), (b) A 
reservation of a right-of-way for a federal aid highway issued to the 
California Department of Transportation under serial number CALA 6884, 
and (c) A reservation of a right-of-way to the United States for a road 
for administrative purposes and for the public under serial number CACA 
50518.
    2. The lands will also be conveyed subject to the following valid 
existing rights: (a.) A right of way (ROW) for an access road issued to 
Golden State Holdings, LLC, under serial number CACA 15388, and (b.) A 
ROW for a fiber optic cable issued to Sprint Communications Co. under 
serial number CACA 20105. Parcels may be subject to applications for 
rights of way received prior to publication of this Notice if 
processing the application would not adversely affect the marketability 
or appraised value of a parcel. The encumbrances of record, appearing 
in the BLM public files for the parcel proposed for sale, are available 
for review during the hours stated above Monday through Friday at the 
Barstow Field Office.
    3. The lands may also be conveyed subject to such additional 
easements as may be necessary to authorize existing and proposed roads, 
public utilities and flood control facilities based on San Bernardino 
County's transportation and land management plans.
    4. No warranty of any kind, express or implied, is given by the 
United States as to the title, physical condition or potential uses of 
the lands proposed for sale; and the conveyance will not be on a 
contingency basis. To the extent required by law, all such parcels are 
subject to the requirements of Section 120(h) of the Comprehensive 
Environmental Response Compensation and Liability Act, as amended 
(CERCLA) (42 U.S.C. 9620(h)).
    5. 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, or lessees, or any third-party, arising 
out of or in connection with the patentees' 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 
substances(s), as defined by Federal or state environmental laws, off, 
on, into or under land, property and other interest of the United 
States; (5) Activities by which solids or hazardous substances 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 
substances or wastes; 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.
    6. An initial registration deposit of $10,000 must be provided to 
GSA to participate in online bidding. The procedure to register and 
submit the registration deposit for online bidding will be described in 
detail in the Invitation For Bids to be available at www.auctionrp.com. 
Each bid received shall be deemed to be a continuing offer for 90 
calendar days after the date of the final bid submittal by a bidder 
until the bid is accepted or rejected by the Government. If the 
Government desires to accept any bid after the expiration of the 90 
calendar days, the consent of the bidder shall be obtained prior to 
such expiration.
    7. The highest qualifying bid will be declared the high bid and the 
high bidder will receive written notice. The high bidder will be 
required to secure his bid with a bid deposit of cash funds equal to 
10% of the bid amount within 10 days of being notified that the United 
States has accepted his bid. The high bidder's $10,000 registration 
deposit will be applied to make up a portion of the required 10% bid 
deposit. Bid results will also be posted on the Internet at GSA's Web 
site: https://www.auctionrp.com.
    8. The remainder of the full bid price must be paid within 180 
calendar days of the award letter, in the form of a certified check, 
money order, bank draft, or cashier's check made payable in U.S. 
dollars to the Bureau of Land Management. Personal checks will not be 
accepted. Failure to pay the full price within the 180 days will 
disqualify the apparent high bidder and cause the entire bid deposit to 
be forfeited to the BLM.
    9. Registration deposits submitted by unsuccessful bidders will be 
returned by GSA.
    10. The BLM may accept or reject any or all offers, 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 not be fully 
consistent with FLPMA or other applicable law or is determined to not 
be in the public interest.
    11. Under Federal law, the public lands may only be conveyed to 
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 legally capable of conveying and holding lands under the 
laws of the State of California. Certification of qualifications, 
including citizenship or corporation or partnership, must be provided 
to the Bureau of Land Management prior to conveyance.
    Additional Information: If not sold, the lands described in this 
Notice may be identified for sale later without

[[Page 76045]]

further legal notice and may be offered for sale by sealed bid, 
internet auction, or oral auction. In order to determine the value, 
through appraisal, of the land proposed to be sold, certain 
extraordinary assumptions may have been made of 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 Bureau of Land Management gives notice that these 
assumptions may not be endorsed or approved by units of local 
government. It is the buyer's responsibility to be aware of all 
applicable local government policies, laws, and regulations that would 
affect the subject lands, including any required dedication of lands 
for public uses. It is also the buyer's responsibility to be aware of 
existing or projected uses of nearby properties. When conveyed out of 
Federal ownership, the lands will be subject to any applicable reviews 
and approvals by the respective unit of local government for proposed 
future uses, and any such reviews and approvals will be the 
responsibility of the buyer. Any land lacking access from a public road 
or highway will be conveyed as such, and future access acquisition will 
be the responsibility of the buyer. Information concerning the sale, 
including the reservations, sale procedures and conditions, CERCLA and 
other environmental documents will be available for review at the 
Barstow Field Office. Most of this information will be available on the 
Internet at https://www.ca.blm.gov/ca/st/en/barstow.html.
    Public Comments: The general public and interested parties may 
submit comments regarding the proposed sale to the attention of the 
Barstow Field Manager on or before January 29, 2009. Any adverse 
comments regarding the proposed sale will be reviewed by the California 
BLM State Director or other authorized official of the Department, who 
may sustain, vacate, or modify this realty action in whole or in part. 
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. While you can ask us in your 
comment to withhold from public review your personal identifying 
information, we cannot guarantee that we will be able to do so.

    Authority: 43 CFR 2711.1-2(a) and (c).

    Dated: December 5, 2008.
Tom Pogacnik,
Deputy State Director, Natural Resources (CA-930).
 [FR Doc. E8-29571 Filed 12-12-08; 8:45 am]
BILLING CODE 4310-40-P