Notice of Realty Action: Modified Competitive Bid Sale of Public Land in Santa Clara County, CA, 16812-16813 [2011-7001]

Agencies

• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 76, Number 58 (Friday, March 25, 2011)]
[Notices]
[Pages 16812-16813]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7001]


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DEPARTMENT OF THE INTERIOR

[LLCAC09000.L58790000.EU0000. CACA 50168 02]


Notice of Realty Action: Modified Competitive Bid Sale of Public 
Land in Santa Clara 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 
9.27 acres in Santa Clara County, California, for not less than the 
appraised fair market value of $41,000. 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 May 9, 2011. The adjoining landowners have 
until 3 p.m. Pacific Standard Time May 30, 2011 to submit sealed bids 
to the BLM Hollister Field Office at the address listed below. Sealed 
bids will be opened May 31, 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: Dan Byrne, Realty Specialist, BLM, 
Hollister Field Office, 20 Hamilton Court, Hollister, California 95023, 
or phone (831) 630-5021.

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 of 1976 (FLPMA), as amended (43 U.S.C. 1713):

Mount Diablo Meridian

T. 9 S., R. 1E.,
    Sec. 34, lot 3.

    The area described contains approximately 9.27 acres, more or 
less, in Santa Clara 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. The land is 
not needed for any other Federal purpose, and its disposal would be in 
the public interest. 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 because the appraisal concluded the land could not be developed as 
an independent parcel.
    The BLM's objective in limiting bidding to the adjoining landowners 
is to encourage the assemblage of the public land with the adjoining 
private land to achieve the highest and best use of the public land. 
Under 43 CFR 2711.3-2, BLM may limit bidding to certain persons when 
the authorized officer determines it is necessary in order to recognize 
equitable considerations or public policies. In this

[[Page 16813]]

case, 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 because 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. David Billingsley, Midpeninsula Regional Open 
Space District, and American Tower. 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 March 25, 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. Until completion of the 
sale, 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 segregation will terminate upon issuance of a patent, 
publication in the Federal Register of a termination of the 
segregation, or on March 25, 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 May 24, 2011. Any 
conveyance document 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. Detailed information concerning the proposed land 
sale including the appraisal, planning and environmental documents, and 
a mineral report are available for review at the location identified in 
ADDRESSES above. The BLM will send the adjoining landowners of record 
an Invitation for Bids (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 $41,000. 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 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 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.
    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, May 9, 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. 2011-7001 Filed 3-24-11; 8:45 am]
BILLING CODE 4310-40-P