Notice of Realty Action: Competitive Sale of Public Lands in Tehama County, CA, 35832-35834 [2010-15203]

Agencies

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

[Federal Register Volume 75, Number 120 (Wednesday, June 23, 2010)]
[Notices]
[Pages 35832-35834]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15203]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCAN06000.L58740000. EU0000.LXSS07B0000; CACA 49822, CACA 49823, and 
CACA 49824]


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 three 
parcels of public land totaling approximately 243.82 acres in Tehama 
County, California. The sale will be subject to the Federal Land Policy 
and Management Act of 1976 (FLPMA), and BLM land sale and mineral 
conveyance regulations. The sales will be conducted as a competitive 
bid auction in which interested bidders must submit written sealed bids 
equal to, or greater than, the appraised fair market value of the land. 
Bidders who submit written sealed bids will have the opportunity to 
increase their bids in a silent auction to be held after BLM opens all 
written sealed bids.

DATES: Comments regarding the proposed sales must be received by the 
BLM on or before August 9, 2010. Sealed bids must be received no later 
than 3 p.m., Pacific Standard Time, August 23, 2010. The BLM will open 
the sealed bids and allow supplemental bidding in a silent auction on 
August 23, 2010, which will be the sale date. Other deadline dates for 
payments are specified in the ``SUPPLEMENTARY INFORMATION'' section of 
this notice.

ADDRESSES: Written comments concerning the proposed sale should be sent 
to the Field Manager, BLM Redding Field Office, 355 Hemsted Drive, 
Redding, California 96002. Sealed bids must also be submitted to this 
address. Supplemental bidding in the silent auction will be conducted 
at this address. Additional information

[[Page 35833]]

including bid forms, times, and bidding procedures will be available in 
an Invitation for Bids available from the BLM Redding Field Office.

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 public lands are proposed for 
competitive sale in accordance with Sections 203 and 209 of FLPMA (43 
U.S.C. 1713 and 1719):

Mount Diablo Meridian

Parcel 1: T. 27 N., R. 2 W., sec. 4, S\1/2\SW\1/4\, 80 acres.
Parcel 2: T. 27 N., R. 2 W., sec. 4, SE\1/4\SE\1/4\, 40 acres.
Parcel 3: T. 27 N., R. 2 W., sec. 8, lot 1, N\1/2\NE\1/4\, 123.82 
acres.

    The public lands are identified as suitable for disposal in the 
BLM's 1993 Redding Resource Management Plan, as amended, because 
they are isolated and scattered, and difficult and uneconomic to 
manage as part of the public lands. In addition, they are not needed 
for any Federal purpose.
    On December 15, 2008, the lands described above were segregated 
from appropriation under the public land laws, including the mining 
laws, except the sale provisions of 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 on 
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, which will be reserved to the 
United States. With the exception of oil and gas, the proposed sale 
would include the conveyance of both the surface interests and 
remaining mineral interests of the United States. Any patent issued 
will contain the following numbered reservations, covenants, terms 
and conditions:
    1. All parcels will be conveyed with 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) and a reservation of all oil and gas to the United States 
together with the right to prospect for, mine, and remove such oil 
and gas resources under applicable law and any regulations as the 
Secretary of the Interior may prescribe, along with all necessary 
access and exit rights.
    2. All parcels will be conveyed subject to valid existing 
rights. 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. Encumbrances of record, appearing in 
the BLM public files for the parcels proposed for sale, are 
available for review at the BLM Redding Field Office.
    3. 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 of any parcel 
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 (42 U.S.C 9620(h)).
    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, 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.
    Interested bidders are advised to obtain an Invitation For Bids 
(IFB) from the BLM Redding Field Office at the address above or by 
calling (530) 224-2100. Interested bidders must follow the 
instructions in the IFB to participate in the bidding process. 
Interested bidders may submit sealed bids for one or more parcels, 
but a separate sealed bid must be submitted for each parcel. Sealed 
bids must be for not less than the federally approved fair market 
value. Each sealed bid must include a certified check, money order, 
bank draft, or cashier's check made payable in U.S. dollars to the 
order of the Bureau of Land Management, for 10 percent of the amount 
of the bid. Bidders who have properly submitted sealed bids will 
have the opportunity to submit supplemental written bids in a silent 
auction at the BLM Redding Field Office on August 23, 2010. 
Interested bidders wishing to submit a supplemental bid for a parcel 
must have properly submitted a sealed bid for the parcel and be 
present at the silent auction. The first supplemental bid for any 
parcel in the silent auction must be at least $2,000 more than the 
highest sealed bid accepted by the BLM and each subsequent 
supplemental bid must be at least $2,000 more than the previous bid. 
The BLM reserves the right to increase the required bid increment at 
any time. The highest supplemental bid submitted during the silent 
auction will be declared the high bid and the high bidder must 
immediately submit an additional payment to the BLM which, when 
added to the bid deposit submitted with the bidders sealed bid, 
equals at least 20 percent of the amount of the bid. If no 
supplemental bids are submitted for a parcel during the silent 
auction, the highest sealed bid for the parcel will be declared the 
high bid and the high bidder will receive written notice. If no 
supplemental bids are submitted for a parcel during the silent 
auction and more than one sealed bid is submitted for the same high 
bid amount, the high bidders will be notified and allowed to submit 
additional sealed bids. The highest qualifying bid for any parcel 
will be declared the high bid and the high bidder will receive 
written notice. The remainder of the full bid price for each parcel 
must be paid within 180 calendar days of the sale date 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. 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 high bidder for the 
parcel will be required to pay a $50 non-refundable filing fee for 
processing the conveyance of the mineral interests.
    The BLM will return checks submitted by unsuccessful bidders by 
U.S. mail or in person on the day of the sale.
    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.
    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

[[Page 35834]]

California. Certification of qualifications, including citizenship 
or corporation or partnership, must accompany the sealed bid. The 
BLM reserves the right to require proof of the high bidder's 
qualifications to acquire public land.
    Additional Information: If not sold, any parcel described in 
this Notice may be identified for sale later without further legal 
notice. Unsold parcels may be offered for sale by sealed bid, 
internet auction, or oral auction. In order to determine the value, 
through appraisal, of the parcels of 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 BLM 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.
    Detailed information concerning the proposed land sales, 
including the appraisal, planning and environmental documents, and a 
mineral report, are available for review at the location identified 
in ``ADDRESSES'' section above.
    Public comments regarding the proposed sales may be submitted in 
writing to the attention of the BLM Redding Field Manager (see 
``ADDRESSES'' section above) on or before August 9, 2010. Comments 
received in electronic form, such as e-mail or facsimile, will not 
be considered. Any adverse comments regarding the proposed sale will 
be reviewed by the BLM State Director or other authorized official 
of the Department of the Interior, who may sustain, vacate, or 
modify this realty action in whole or in part. In the absence of 
timely filed objections, this realty action will become the final 
determination of the Department of the Interior. Before including 
your address, phone number, e-mail address, or other personal 
identifying information in your comment, you should be aware 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 your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

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

Karen Montgomery,
Acting Deputy State Director.

[FR Doc. 2010-15203 Filed 6-22-10; 8:45 am]
BILLING CODE 4310-40-P