Proposed Sale of Public Lands, Oregon, 9262-9263 [E9-4494]

Agencies

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

[Federal Register Volume 74, Number 40 (Tuesday, March 3, 2009)]
[Notices]
[Pages 9262-9263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4494]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLOR015000 L14300000 EU0000; OR-65259; HAG-09-0086]


Proposed Sale of Public Lands, Oregon

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

ACTION: Notice of realty action.

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SUMMARY: This notice announces the sale of one parcel of public land 
totaling 40 acres in Lake County, Oregon, by direct sale procedures and 
at not less than appraised market value. The parcel proposed for sale 
is identified as suitable for disposal in the Lakeview Resource 
Management Plan and Record of Decision dated November 2003, as amended.

ADDRESSES: Address all written comments to Thomas E. Rasmussen, Field 
Manager, Lakeview Resource Area Office, 1301 South G Street, Lakeview, 
Oregon 97630. Comments submitted verbally or in electronic format will 
not be accepted.

SUPPLEMENTARY INFORMATION: The following described public land in Lake 
County, Oregon, has been examined and found suitable for sale under 
Sections 203 and 209 of the Federal Land Policy Act of 1976 (43 U.S.C. 
1713 and 1719).

Willamette Meridian, Oregon

T.29S., R.17E.,
    Section 24: NW\1/4\NW\1/4\.

    The area described contains 40 acres and will be sold by direct 
sale to Ernest and Dixie Shuffield at not less than the appraised 
market value of $30,000.

    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. Currently, portions of the sale parcel are being used in 
conjunction with the Shuffield residence as a fenced storage area and 
are under cultivation for alfalfa hay. All improvements to the parcel 
were constructed/developed either by the Shuffields or their 
predecessors and have encumbered the sale parcel for over 50 years.
    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 patent that may be issued for the above described parcel 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 leasable minerals 
including 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 the Comprehensive Environmental Response, Compensation and 
Liability Act. The parcel is 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. Subject to such rights as Lake County or its successors in 
interest may have for roadway purposes pursuant to right-of-way, OR 
49313.
    5. Subject to such rights as CenturyTel of Eastern Oregon or its 
successors in interest may have for buried telephone cable purposes 
pursuant to right-of-way, OR 45023.
    6. The parcel is subject to valid existing rights.
    The mineral interests being offered for conveyance have no known 
mineral value. Consent to purchase constitutes an application for 
conveyance of the mineral interests. In addition to the full purchase 
price, the Shuffields must submit a nonrefundable filing fee of $50 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 resources, 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 March 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. 1713). Until completion of the sale, 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.
    The Shuffields will be allowed 30 days from receipt of a written 
offer to submit either full payment or at least 20 percent of the 
appraised value of the parcel and within 180 days, thereafter, submit 
the balance. If the balance of the purchase price in not received 
within the 180 days, the deposit will be forfeited to the United States 
and the parcel withdrawn from sale.
    Public Comments: On or before April 17, 2009, any person may submit 
written comments regarding the proposed sale to the Bureau of Land 
Management, Lakeview Resource Area Office, 1301 South G Street, 
Lakeview, Oregon 97630.
    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.

[[Page 9263]]

    Detailed information concerning the sale, including the appraisal, 
planning and environmental documents, and mineral report is available 
for review at the Bureau of Land Management, Lakeview Resource Area 
Office, 1301 South G Street, Lakeview, Oregon 97630, during business 
hours. 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).


FOR FURTHER INFORMATION CONTACT: Dan Stewardson, Realty Specialist, at 
the Lakeview Resource Area Office, 1301 South G Street, Lakeview, 
Oregon 97630 or phone (541) 947-6115.

    Dated: February 11, 2009.
Thomas E. Rasmussen,
Field Manager, Lakeview Resource Area.
[FR Doc. E9-4494 Filed 3-2-09; 8:45 am]
BILLING CODE 4310-33-P