Notice of Realty Action: Competitive Sale of Public Lands in Tehama County, CA, 27046-27048 [E9-13115]

Agencies

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

[Federal Register Volume 74, Number 107 (Friday, June 5, 2009)]
[Notices]
[Pages 27046-27048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13115]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCAN06000. L587400000.EU0000.LXSS006B0000-CACA 47958]


Notice of Realty Action: Competitive Sale of Public Lands in 
Tehama 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 Tehama County, California, consisting of 
approximately 80 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 (FLPMA) (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.

DATES: Comments regarding the proposed sale must be received by BLM on 
or before July 20, 2009. Bidding will open on or around August 17, 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: Written comments regarding the proposed sale should be 
submitted to BLM, to the attention of the Redding Field Manager, at the 
following address: Bureau of Land Management, 355 Hemsted Drive, 
Redding, California 96002. 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 Redding Field Office. GSA's address for purposes of 
bid registration will be specified in the Invitation For Bids to be 
available at https://www.auctionrp.com.

FOR FURTHER INFORMATION CONTACT: Ilene Emry, Realty Specialist (530) 
224-2122 or via e-mail at ilene_emry@ca.blm.gov.

SUPPLEMENTARY INFORMATION: The following described public land in 
Tehama County, California has been identified as available for disposal 
under the 1993 BLM Redding Resource Management Plan, as amended, and is 
proposed for sale:

Mount Diablo Meridian

T. 28 N., R. 5 W.,
    Sec. 10, W\1/2\SW\1/4\.

    The area described contains approximately 80 acres in Tehama 
County.

    On December 15, 2008, the above-described land was 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 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 December 15, 2010, 
upon issuance of a patent, or publication in the Federal Register of a 
termination of the segregation, 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 of July 25, 2000.
    The lands identified for sale are considered to have no known 
mineral value except for oil and gas only, which will be reserved to 
the United States. All other minerals are considered to have no known 
mineral value and the proposed sale would include the conveyance of 
both the surface interests and remaining mineral interests of the 
United States.
    A bid to purchase the land will constitute an application for 
conveyance of the mineral interests of no known value, excluding oil 
and gas, 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 interests.
    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 all oil and gas to the United States, together 
with the right of the United States, its permittees, licensees, and 
lessees to use the surface of the land to prospect for, mine, and 
remove the oil and gas under regulations prescribed by the Secretary of 
the Interior.
    2. The lands would be conveyed subject to valid existing rights. 
The encumbrances of record, if any, 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 BLM Redding Field 
Office. As of the date of publication in the Federal Register, there 
are no authorizations on the lands.
    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 Tehama 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. BLM hereby discloses that its inspection of the 
property found that approximately 2 acres were previously cleared for 
an unauthorized corral area and

[[Page 27047]]

approximately 5 acres are subject to seasonal flooding due to a dam 
located down gradient off the property.
    BLM is not aware of any dedicated public access to the property and 
has concluded the property lacks legal access. To the extent required 
by law, the land will be conveyed 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)), and notice 
is hereby given that the lands have been examined and no evidence was 
found to indicate that any hazardous substances have been stored for 
one year or more, or that hazardous substances have been disposed of or 
released on the land.
    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:
    (a) Violations of Federal, State, and local laws and regulations 
that are now or may in the future become applicable to the real 
property;
    (b) Judgments, claims, or demands of any kind assessed against the 
United States;
    (c) Costs, expenses, or damages of any kind incurred by the United 
States;
    (d) 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;
    (e) 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
    (f) 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 $5,000 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 https://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 $5,000 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 BLM prior to conveyance.
    Additional Information: If not sold, the lands described in this 
Notice may be identified for sale later without 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 BLM 
Redding Field Office. Most of this information will be available on the 
Internet at https://www.blm.gov/ca/st/en/fo/redding. The general public 
and interested parties may submit comments regarding the proposed sale 
to the attention of the BLM Redding Field Manager on or before July 20, 
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

[[Page 27048]]

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: April 15, 2009.
Tom Pogacnik,
Deputy State Director, Natural Resources (CA-930).
[FR Doc. E9-13115 Filed 6-4-09; 8:45 am]
BILLING CODE 4310-40-P