Notice of Realty Action: Modified Competitive Bid Sale of Public Lands in Santa Cruz County, CA, 6154-6155 [2011-2362]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 76, Number 23 (Thursday, February 3, 2011)]
[Notices]
[Pages 6154-6155]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2362]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCAC09000 L58740000.EU0000.LXSS008B0000; CACA 50168 06]


Notice of Realty Action: Modified Competitive Bid Sale of Public 
Lands in Santa Cruz County, CA

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) Hollister Field Office 
proposes to sell a parcel of public land consisting of approximately 
12.55 acres in Santa Cruz County, California, for not less than the 
appraised fair market value of $53,000. The sale will be conducted as a 
modified competitive bid auction, whereby only the adjoining landowners 
would have the opportunity to submit written sealed bids to purchase 
the public land.

DATES: Written comments regarding this proposed sale must be received 
by the BLM on or before March 21, 2011. The adjoining landowners have 
until 3 p.m. Pacific Standard Time April 4, 2011 to submit sealed bids 
to the BLM Hollister Field Office at the address listed below. Sealed 
bids will be opened on April 5, 2011, which will be the sale date.

ADDRESSES: Written comments concerning the proposed sale should be sent 
to the Field Manager, BLM, Hollister Field Office, 20 Hamilton Court, 
Hollister, California 95023. Sealed bids must also be submitted to this 
address.

FOR FURTHER INFORMATION CONTACT: Christine Sloand, Realty Specialist, 
BLM, Hollister Field Office, 20 Hamilton Court, Hollister, California 
95023, or phone (831) 630-5022.

SUPPLEMENTARY INFORMATION: The following public land is proposed for 
sale in accordance with Sections 203 and 209 of the Federal Land Policy 
and Management Act (FLPMA) of 1976, as amended (43 U.S.C. 1713 and 
1719):

Mount Diablo Meridian

T. 10S., R. 2E.,
    Sec. 20, lots 1, 2, and 9.

    The area described contains 12.55 acres, more or less, in Santa 
Cruz County.

    The public land was originally identified as suitable for disposal 
in the 1984 BLM Hollister Resource Management Plan (RMP) and remains 
available for sale under the 2007 Hollister RMP revision, and is not 
needed for any other Federal purpose. The public land proposed for sale 
lacks legal access and is isolated from other public lands. The BLM's 
purpose in selling the land is to dispose of land that is difficult and 
uneconomic to manage as part of the public lands. The BLM proposes to 
limit bidding to the adjoining landowners because the land lacks legal 
access and has no utility except to be used as part of an adjoining 
parcel. The BLM's objective in limiting bidding to the adjoining 
landowners is to encourage the assemblage of the public land with an 
adjoining parcel of private land, which is the highest and best use of 
the public land according to an appraisal approved by the Department of 
the Interior Office of Valuation Services. Under the regulations 43 CFR 
2711.3-2, the BLM may limit bidding to certain persons when the 
authorized officer determines it is necessary to recognize equitable 
considerations or public policies. In this case, the BLM believes that 
it is good public policy to promote the assemblage of the public land 
with adjoining private land because that is the highest and best use of 
the public land and it is equitable to provide each adjoining landowner 
an opportunity to purchase the public land. There are three landowners 
adjoining the public land; Mr. and Mrs. Burch, Mr. and Mrs. Bradford 
and Mr. and Mrs. Reid. The BLM has completed a mineral potential report 
which concluded there are no known mineral values in the land proposed 
for sale. The proposed sale would include the conveyance of both the 
surface and mineral interests of the United States.
    On February 3, 2011, the above described land will be segregated 
from appropriation under the public land laws, including the mining 
laws, except for the sale provisions of the FLPMA. The BLM will no 
longer accept 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 
the grants in accordance with 43 CFR 2802.15 and 2886.15. The temporary 
segregation will terminate upon issuance of a patent, publication in 
the Federal Register of a termination of the segregation, or on 
February 4, 2013, unless extended by the BLM State Director in 
accordance with 43 CFR 2711.1-2(d) prior to the termination date. The 
land would not be sold until at least April 4, 2011. Any patent issued 
would contain the following terms, conditions, and reservations:
    1. 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);
    2. A condition that the conveyance be subject to all valid existing 
rights of record;
    3. An appropriate indemnification clause protecting the United 
States from claims arising out of the patentee's use, occupancy, or 
operations on the patented lands;
    4. Additional terms and conditions that the authorized officer 
deems appropriate.
    The BLM will send the adjoining landowners of record an Invitation 
For Bid (IFB). Adjoining landowners must follow the instructions in the 
IFB to participate in the bidding process. Sealed bids must be for not 
less than the Federally approved fair market value of $53,000. Each 
sealed bid must include a certified check, money order, bank draft, or 
cashier's check made payable in U.S. dollars to the Bureau of Land 
Management, for 10 percent of the amount of the bid. A bid to purchase 
the land will constitute an application for conveyance of the Federal 
mineral interest, and in conjunction with the final payment, the 
purchaser will be required to pay a $50 nonrefundable filing fee for 
the conveyance of the mineral interests. If more than one sealed bid is 
submitted for the same high bid amount, the high bidders will be 
notified and allowed to submit

[[Page 6155]]

additional sealed bids. The highest qualifying bid will be declared the 
high bid and the high bidder will receive written notice. The BLM will 
return checks submitted by unsuccessful bidders by U.S. mail or in 
person on the day of the sale. The successful bidder must submit the 
remainder of the full bid price prior to the expiration of 180 days 
from the date of the sale, 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 submit the full bid price prior to, but not including the 
180th day following the day of the sale, will disqualify the apparent 
high bidder and cause the entire bid deposit to be forfeited to the 
BLM. No exceptions will be made. The BLM may accept or reject any or 
all offers, or withdraw the land from sale, if, in the opinion of the 
BLM authorized officer, consummation of the sale would not be fully 
consistent with the 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 
California. If not sold, the land 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 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. 
Detailed information concerning the proposed land sale including the 
sale procedures and conditions, appraisal, planning and environmental 
documents, and a mineral report are available for review at the 
location identified in ADDRESSES above.
    Public Comments regarding the proposed sale may be submitted in 
writing to the attention of the BLM Hollister Field Manager (see 
ADDRESSES above) on or before March 21, 2011. 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, 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).

Karla Norris,
Associate Deputy State Director, Natural Resources.
[FR Doc. 2011-2362 Filed 2-2-11; 8:45 am]
BILLING CODE 4310-40-P