Notice of Realty Action; Proposed Sale of Public Lands, Oregon, 5942-5943 [E9-2262]

Agencies

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

[Federal Register Volume 74, Number 21 (Tuesday, February 3, 2009)]
[Notices]
[Pages 5942-5943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2262]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-61509; LLOR014000 L58740000 EU0000 LXSS056H0000; OR-60795; 
LLOR014000 L58740000 EU0000 LXSS057H0000; OR-62015; LLOR014000 
L58740000 EU0000 LXSS058H0000; HAG-09-0046]


Notice of Realty Action; Proposed Sale of Public Lands, Oregon

AGENCY: Bureau of Land Management (BLM), Lakeview District, Oregon.

ACTION: Notice of Realty Action.

-----------------------------------------------------------------------

SUMMARY: This notice announces the sale of four parcels of public land 
totaling 242.60 acres in Klamath County, Oregon, by modified 
competitive and direct sale procedures and at not less than appraised 
market value. The parcels proposed for sale were identified as suitable 
for disposal in the Klamath Falls Resource Area Resource Management 
Plan dated June 2, 1995, and as replaced by the revised Klamath Falls 
Resource Area Resource Management Plan, dated December 30, 2008.

DATES: Submit comments on or before March 20, 2009.

ADDRESSES:  Address all written comments to Donald J. Holmstrom, Field 
Manager, Klamath Falls Resource Area Office, 2795 Anderson Ave. 
Building 25, Klamath Falls, Oregon 97603. Comments expressed verbally 
or in electronic format will not be accepted.

FOR FURTHER INFORMATION CONTACT: Mike Bechdolt, Assistant Field 
Manager, Klamath Falls Resource Area, Lakeview District, Oregon, at 
(541) 885-4118 or Dan Stewardson, Realty Specialist, Bureau of Land 
Management, Lakeview District Office, Oregon, at (541) 947-6115.

SUPPLEMENTARY INFORMATION: The following described public land in 
Klamath County, Oregon, has been examined and found suitable for sale 
under Sections 203 and 209 of the Federal Land Policy Act of 1976 (90 
Stat. 2750, 43 U.S.C. 1713 and 1719). The Klamath Falls Resource Area, 
Bureau of Land Management is proposing three land sales (four parcels) 
and is identified as follows:
    Parcel I: Happy Hollow Land Sale, (OR-61509)--120 acres. This 
parcel will be sold by Modified Competitive sealed bid sale at not less 
than the appraised market value of $29,700.

Willamette Meridian, Oregon
T. 38 S., R.11 E.
    Sec. 17, NW\1/4\NE\1/4\ and E\1/2\SE\1/4\;

    Parcel II: East Stukel Land Sale, (OR-62015)--120 acres. This 
parcel will be sold by Modified Competitive sealed bid sale at not less 
than the appraised market value of $17,000.

Willamette Meridian, Oregon
T. 40 S., R.11E
    Sec. 9, N\1/2\NW\1/4\ and SE\1/4\NW\1/4\;

    Parcel III: Nancy Charley Trust Land Sale, (OR-60795)--2.60 acres. 
This parcel will be sold by direct sale upon acceptance of the direct 
sale offer and not less than 60-days from February 3, 2009 to resolve 
inadvertent unauthorized use and occupancy at not less than the 
appraised market value of $5,932.

Willamette Meridian, Oregon
T. 38 S., R.5 E.
    Sec. 13, Lot 9.

    In accordance with 43 CFR 2711.3-3(a) (5), direct sale procedures 
are appropriate to resolve inadvertent unauthorized use or occupancy of 
the land. Corral facilities, a barn and a shed encroach on public land. 
These improvements were constructed by the proponent over fifty years 
ago.
    Federal law requires that public land may be sold only to either 
(1) Citizens of the United States 18 years of age or older; (2) 
corporations subject to the laws of any State or of the United States; 
(3) other entities such as an association or a partnership capable of 
holding land or an interest therein under the laws of the State within 
which the land is located; or (4) a State, State instrumentality or 
political subdivision authorized to hold property. Certifications and 
evidence to this effect will be required of the purchaser prior to 
issuance of a patent.
    The following rights, reservations, and conditions will be included 
in the patents that may be issued as to each of the above described 
parcels of land:
    1. A reservation to the United States for a right-of-way for 
ditches and canals constructed by the authority of the United States. 
Act of August 30, 1890 (43 U.S.C. 945).
    2. A reservation to the United States for all oil, gas and 
geothermal resources in the land in accordance with Section 209 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1719).
    3. The patent will include a notice and indemnification statement 
under

[[Page 5943]]

the Comprehensive Environmental Response, Compensation and Liability 
Act. All parcels are subject to the requirements of section 120(h) (42 
U.S.C. Section 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. 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 parcel of land 
proposed for sale.
    4. All the parcels are subject to valid existing rights.
    The mineral interests being offered for conveyance have no known 
mineral value. A successful bid constitutes an application for 
conveyance of the mineral interest. In addition to the full purchase 
price, a nonrefundable filing fee of $50 will be required by the 
successful bidder for purchase of the mineral interests to be conveyed 
simultaneously with the sale of the land with the exception of all 
leasable minerals, including oil, gas and geothermal interests, which 
will be reserved to the United States in accordance with Section 209 of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1719).
    On February 3, 2009, the above described lands will be segregated 
from appropriation under the public land laws, including the mining 
laws, except the sale provisions of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1719). Until completion of the sales, 
the Bureau of Land Management is no longer accepting land use 
applications affecting the identified public lands, except applications 
for the amendment of previously filed right-of-way applications or 
existing authorizations to increase the term of existing grants in 
accordance with 43 CFR 2807.15 and 2886.15. The effect of segregation 
will terminate upon issuance of a patent, upon publication in the 
Federal Register of a termination of the segregation, or March 3, 2011, 
unless extended by the Bureau of Land Management, State Director, in 
accordance with 43 CFR 2711.1-2(d) prior to the termination date.
    All bids must be submitted to the Klamath Falls Resource Area 
Office, 2795 Anderson Ave., Building 25, Klamath Falls, Oregon 
97603, by no later than 4:30 p.m. PST, on April 8, 2009. The bids for 
Parcels I and II will be opened at 10 a.m. PST, on April 22, 2009, at 
the Klamath Falls Resource Area Office, 2795 Anderson Ave., Building 
25, Klamath Falls, Oregon 97603.
    Based upon receipt of valid bids, the Bureau of Land Management 
will offer the adjacent landowner the right to meet the highest bid and 
purchase the lands at an amount equal to the highest bid price, which 
must be not less than the market value as determined by the Secretary. 
If the adjacent landowner declines this offer, the bidder with the 
highest sealed bid price will be declared the high bidder. The outside 
of the bid envelope must be clearly marked with either ``BLM Land Sale 
Parcel I--OR-61509'' or ``BLM Land Sale Parcel II--OR-62015,'' and 
contain a statement showing the total amount of the bid, the bid 
opening date and the name, mailing address, and phone number of the 
entity making the bid. Bids must not be less than the appraised market 
value. Each sealed bid shall be accompanied by a certified check, 
postal money order, bank draft, or cashier's check made payable to the 
DOI-Bureau of Land Management, for not less than 20 percent of the 
amount of the bid. The successful bidder shall submit the remainder of 
the full bid price prior to the expiration of 180 days from the date of 
the sale. The successful bidder may exercise the option to pay in full 
at any time during this period. Failure to submit the full bid price, 
prior to the 180th day following the sale shall result in cancellation 
of the sale and the deposit shall be forfeited.
    Public Comments: On or before March 20, 2009, any person may submit 
written comments regarding the proposed sales to the Bureau of Land 
Management Klamath Falls Resource Area Office, 2795 Anderson Ave., 
Building 25, Klamath Falls, Oregon 97603.
    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 the Bureau of Land Management 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 Bureau of Land Management will 
honor requests for confidentiality on a case-by-case basis to the 
extent allowed by law. The Bureau of Land Management 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 concerning these land sales, including the 
appraisals, planning and environmental documents, and mineral report is 
available for review at the Bureau of Land Management, Klamath Falls 
Resource Area, Bureau of Land Management, 2795 Anderson Ave., Building 
25, Klamath Falls, Oregon 97603, during business hours. Inquires may 
also be directed to Mike Bechdolt, (541) 885-4118, Assistant Field 
Manager, Klamath Falls Field Office, at the above address or Dan 
Stewardson, Realty Specialist, Bureau of Land Management, Lakeview 
District Office, (541) 947-6115. Objections will be reviewed by the 
Bureau of Land Management Lakeview District Manager who may sustain, 
vacate, or modify this realty action. In the absence of any objections, 
this proposal will become the final determination of the Department of 
the Interior.

    Authority: 43 CFR 2711.1-2.

    Dated: January 15, 2009.
Donald J. Holmstrom,
Field Manager, Klamath Falls Resource Area.
[FR Doc. E9-2262 Filed 2-2-09; 8:45 am]
BILLING CODE 4310-33-P