[Federal Register: May 22, 2003 (Volume 68, Number 99)]
[Notices]
[Page 28012-28014]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my03-98]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[OR-025-03-1430-EU: G-3-0142]
Realty Action: Sale of Public Land in Harney County, OR
AGENCY: Bureau of Land Management (BLM), Interior.
ACTION: Notice of realty action.
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SUMMARY: The following described parcels of public land in Harney
County, Oregon, have been found suitable for sale under Sections 203
and 209 of the Federal Land Policy and Management Act of 1976, as
amended, (90 Stat. 2750, 43 U.S.C. 1713 and 1719) at not less than
their respective appraised market value. All parcels proposed for sale
are identified for disposal in the Three Rivers Resource Management
Plan. All of the land described is within the Willamette Meridian.
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Market
Parcel No. Legal Acres value/ Bidding procedures Designated
description minimum bid bidders
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OR-57461......... T. 20S., R. 160 $24,800 Competitive....................... None.
35E., sec. 7,
E\1/2\SE\1/4\;
sec. 8, W\1/
2\SW\1/4\.
OR-57462......... T. 21S., R. 109.42 15,900 Competitive....................... None.
31E., sec. 5,
lots 5, 6, 7
and 8.
OR-57463......... T. 22S., R. 80 12,800 Competitive....................... None.
29E., sec. 28,
W\1/2\SW\1/4\.
OR-57464......... T. 22S., R. 40 3,000 Modified Competitive.............. Temple and
33E., sec. 22, Temple, Lost
NW\1/4\NW\1/4\. Springs Ranch,
LLC.
OR-57465......... T. 22S., R. 40 3,000 Modified Competitive.............. Temple and
33E., sec. 22, Temple, Lost
SW\1/4\SW\1/4\. Springs Ranch,
LLC, Bailey and
Barton.
OR-57466......... T. 26S., R. 40 2,600 Competitive....................... None.
24E., sec. 34,
NW\1/4\NE\1/4\.
OR-57467......... T. 25S., R. 160 16,600 Competitive....................... None.
32E., sec. 29,
NE\1/4\.
OR-57468......... T. 26S., R. 31E. 160 11,600 Modified Competitive.............. Tyler Brothers,
(North of Ralph Tice c/o
Malheur Lake), Wallace M.
sec. 1, NE\1/4\. Tice.
OR-57469......... T. 26S., R. 32E. 40.62 3,050 Modified Competitive.............. Tyler Brothers,
(North of Ralph Tice c/o
Malheur Lake), Wallace M.
sec. 6, lot 3. Tice, Bethany
Evangelical
Free Church c/o
Jamie Porter.
OR-57470......... T. 26S., R. 32E. 80 5,800 Modified Competitive.............. Tyler Brothers,
(North of Ralph Tice c/o
Malheur Lake), Wallace M.
sec. 6, N\1/ Tice, William
2\SE\1/4\. D. Cramer c/o
Daniel L.
Cronin.
OR-57471......... T. 26S., R. 80 6,000 Competitive....................... None.
30E., (North of
Harney Lake),
sec. 12, SW\1/
4\SW\1/4\; sec.
13, NW\1/4\NW\1/
4\.
OR-57472......... T. 26S., R. 120 8,400 Competitive....................... None.
30E., (North of
Harney Lake),
sec. 15, S\1/
2\SE\1/4\; sec.
22, NW\1/4\NE\1/
4\.
OR-57473......... T. 26S., R. 40 3,000 Competitive....................... None.
30E., (North of
Harney Lake),
sec. 24, NE\1/
4\SE\1/4\.
OR-57474......... T. 26S., R. 31E. 39.18 3,150 Competitive....................... None.
(North of
Malheur Lake),
sec. 18, lot 4.
OR-57475......... T. 26S., R. 34E 120 8,400 Modified Competitive.............. Zachary O.
sec. 27, N\1/ Sword, Nevin
2\SW\1/4\; sec. and Shirley
28, NE\1/4\SE\1/ Thompson,
4\. Trustees.
OR-57476......... T. 26S., R. 40 3,200 Modified Competitive.............. Zachary O.
34E., sec. 29, Sword, Nevin
NE\1/4\NE\1/4\. and Shirley
Thompson,
Trustees.
[[Page 28013]]
OR-57477......... T. 26S., R. 40 3,200 Modified Competitive.............. Zachary O.
34E., sec. 29, Sword, Nevin
SW\1/4\NE\1/4\. and Shirley
Thompson,
Trustees.
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The 17 parcels described above contain 1,389.22 acres in Harney
County, Oregon.
The following parcels were originally offered in 2001 and 2002
under Notices of Realty Action published in the Federal Register on
November 16, 2000 and May 1, 2002. No bids were received and these
parcels were subsequently declared unsold under the provisions of those
notices. They have been reappraised and are being reoffered
competitively.
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Market
Parcel No. Legal description Acres value/ Bidding procedures Designated
Minimum bid bidders
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OR-55323.......... T. 25S., R. 31E., 79.79 $5,600 Competitive.............. None.
sec. 1, lots 1 and 2.
OR-56574.......... T. 22S., R. 33E., 320 40,000 Competitive.............. None.
sec. 28, E\1/2\.
OR-56575.......... T. 27S., R. 34E., 145.56 21,100 Competitive.............. None.
sec. 6, lots 3, 4,
5, SE\1/4\NW\1/4\.
OR-56576.......... T. 27S., R. 34E., 40 3,600 Competitive.............. None.
sec. 9, SW\1/4\SW\1/
4\.
OR-56577.......... T. 27S., R. 34E., 40 3,200 Competitive.............. None.
sec. 21, NE\1/4\SE\1/
4\.
OR-56579.......... T. 27S., R. 34E., 160 11,200 Competitive.............. None.
sec. 23, S\1/2\SW\1/
4\; sec. 26, N\1/
2\NW\1/4\.
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The six parcels described above contain 785.35 acres in Harney
County, Oregon. The total area of these six parcels plus the preceding
17 parcels amount to 2,174.57 acres. The following rights,
reservations, and conditions will be included in the conveyances of the
land:
All parcels--A reservation for a right-of-way for ditches and
canals constructed thereon by the authority of United States.
OR-56574--The sale of this parcel would be subject to a right-of-
way for electric distribution line purposes granted to Harney Electric
Cooperative (ORE-05183); a right-of-way for electric transmission line
purposes granted to Idaho Power Company (ORE-012080); a right-of-way
for buried communication cable purposes (OR-54600) and buried fiber
optics facilities (OR-54915) granted to CenturyTel; a right-of-way for
highway purposes granted to Oregon Department of Transportation (TD-
030389); and a right-of-way for buried fiber optics facilities granted
to Williams Communications, LLC (OR-54252).
OR-56575--The conveyance document for this parcel would contain a
wetland/riparian covenant pursuant to the authority contained in
Section (4) of Executive Order 11990 of May 24, 1977. The sale of this
parcel would be subject to a right-of-way for public road purposes
granted to Harney County (OR-56834).
OR-56576--The sale of this parcel would be subject to a right-of-
way for power transmission and distribution line purposes granted to
Harney Electric Cooperative (ORE-05183) and a right-of-way for
telephone line purposes held by CenturyTel (ORE-018562).
OR-57461--The sale of this parcel would be subject to a right-of-
way for electric power transmission and distribution purposes granted
to Idaho Power (ORE-0874); a right-of-way for county road purposes
granted to Oregon Department of Transportation, on behalf of Harney
County (ORE-03347); a right-of-way for buried communication cable
purposes granted to CenturyTel of Oregon, Inc. (OR-55250); a right-of-
way for road purposes granted to Richard D. Boatwright, Jr. (OR-57058),
and a right-of-way for road purposes granted to Charles Dunten (OR-
58413).
OR-57462--The sale of this parcel would be subject to a right-of-
way for electric power transmission purposes granted to Oregon Trail
Electric Cooperative (ORE-016812).
OR-57463--The sale of this parcel would be subject to a right-of-
way for road purposes held by Harney County (OR-20557).
OR-57467--The conveyance document for this parcel would contain a
wetland/riparian covenant pursuant to the authority contained in
Section (4) of Executive Order 11990 of May 24, 1977 and a floodplain
covenant pursuant to the authority contained in Section 3(d) of
Executive Order 11988 of May 24, 1977.
OR-57468--The conveyance document for this parcel would contain a
floodplain covenant pursuant to the authority contained in Section 3(d)
of Executive Order 11988 of May 24, 1977.
OR-57469--The conveyance document for this parcel would contain a
floodplain covenant pursuant to the authority contained in Section 3(d)
of Executive Order 11988 of May 24, 1977.
OR-57470--The conveyance document for this parcel would contain a
floodplain covenant pursuant to the authority contained in Section 3(d)
of Executive Order 11988 of May 24, 1977.
Access will not be guaranteed to any of the parcels that may be
sold, nor will any warranty be made as to the title or use of the
property in violation of applicable land use laws and regulations. Each
parcel will be sold in ``as is'' condition. Before submitting a bid,
prospective purchasers should check with the appropriate city or county
planning department to verify approved uses. All persons, other than
the successful bidders, claiming to own unauthorized improvements on
the land are allowed 60 days from the date of sale to remove the
improvements.
Each of the above described parcels is hereby segregated from
appropriation under the public land laws, including the mining laws,
until conveyance of the land pending disposition of this action, or
until February 17, 2004, whichever occurs first.
Bidding Procedures
Competitive Procedures
The Federal Land Policy and Management Act and its implementing
sale regulations (43 CFR part 2710) provide that competitive bidding
will be
[[Page 28014]]
the general method of selling land supported by factors such as
competitive interest, accessibility, and usability of the parcel,
regardless of adjacent ownership.
Under competitive procedures the land will be sold to any qualified
bidder submitting the highest bid. Bidding will be by sealed bid
followed by an oral auction to be held at 2 p.m. PST on Wednesday,
August 13, 2003, at the Burns District Office, Bureau of Land
Management, 28910 Hwy 20 West, Hines, Oregon.
To qualify for the oral auction bidders must submit a sealed bid
meeting the requirements as stated below. The highest valid sealed bid
will become the starting bid for the oral auction. Bidding in the oral
auction will be in minimum increments of $100. The highest bidder from
the oral auction will be declared the prospective purchaser.
If no valid bids are received, the parcel will be declared unsold
and offered by unsold competitive procedures on a continuing basis
until sold or withdrawn from sale.
Modified Competitive Procedures
Modified competitive procedures are allowed by the regulations (43
CFR 2710.0-6(c)(3)(ii)) to provide exceptions to competitive bidding to
assure compatibility with existing and potential land uses.
Under modified competitive procedures the designated bidders
identified in the table above will be given the opportunity to match or
exceed the apparent high bid.
The apparent high bid will be established by the highest valid
sealed bid received in an initial round of public bidding. If two or
more valid sealed bids of the same amount are received for the same
parcel, that amount shall be determined to be the apparent high bid.
The designated bidders are required to submit a valid bid in the
initial round of public bidding to maintain their preference
consideration. The bid deposit for the apparent high bid(s) and the
designated bidders will be retained and all others will be returned.
The designated bidders will be notified by certified mail of the
apparent high bid. Where there are two or more designated bidders for a
single parcel, they will be allowed 30 days to provide the authorized
officer with an agreement as to the division of the property or, if
agreement cannot be reached, sealed bids for not less than the apparent
high bid. Failure to submit an agreement or a bid shall be considered a
waiver of the option to divide the property equitably and forfeiture of
the preference consideration. Failure to act by all of the designated
bidders will result in the parcel being offered to the apparent high
bidder or being declared unsold, if no bids were received in the
initial round of bidding.
Unsold Competitive Procedures
Unsold competitive procedures will be used after a parcel has been
unsuccessfully offered for sale by competitive or modified competitive
procedures.
Unsold parcels will be offered competitively on a continuous basis
until sold. Under competitive procedures for unsold parcels the person
making the highest valid bid received during the preceding month, and
not less than the appraised market value at the time, will be declared
the purchaser. Sealed bids will be accepted and held until the second
Wednesday of each month at 2 p.m. PST when they will be opened. Bid
openings will take place every month until the parcels are sold or
withdrawn from sale.
All sealed bids must be submitted to the Burns District Office, no
later 2 p.m. PST on Wednesday, August 13, 2003, at the time of the bid
opening and oral auction. The outside of bid envelopes must be clearly
marked with ``BLM Land Sale,'' the parcel number and the bid opening
date. Bids must be for not less than the appraised market value
(minimum bid). Separate bids must be submitted for each parcel. Each
sealed bid shall be accompanied by a certified check, postal money
order, bank draft, or cashier's check made payable to the Department of
the Interior--BLM for not less than 20 percent of the amount bid. The
bid envelope must also contain a statement showing the total amount bid
and the name, mailing address, and phone number of the entity making
the bid. A successful bidder for competitive parcels shall make an
additional deposit at the close of the auction to bring the total bid
deposit up to the required 20 percent of the high bid. Personal checks
or cash will be acceptable for this additional deposit only.
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 interests 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.
Prospective purchasers will be allowed 180 days to submit the
balance of the purchase price. Failure to meet this timeframe shall
cause the deposit to be forfeited to the BLM. The parcel will then be
offered to the next lowest qualified bidder, or if no other bids were
received, the parcel will be declared unsold.
The BLM has determined that each of the above described parcels
have no known mineral values, as defined in 43 CFR 2720.0-5(b). A
successful bid on a parcel constitutes an application for conveyance of
these mineral interests, pertaining to that parcel, under the authority
of section 209(b) of the Federal Land Policy and Management Act of
1976. In addition to the full purchase price for each parcel, a
nonrefundable fee of $50 will be required from the prospective
purchaser in conjunction with the purchase of the mineral interests to
be conveyed simultaneously with the purchase and sale of the surface
estate.
DATES: On or before July 7, 2003, any person may submit written
comments regarding the proposed sale to the Three Rivers Resource Area
Field Manager at the address described below. Comments or protests must
reference a specific parcel and be identified with the appropriate
serial number. In the absence of any objections, this proposal will
become the determination of the Department of the Interior.
ADDRESSES: Comments, bids, and inquiries should be submitted to the
Three Rivers Resource Area Field Manager, Bureau of Land Management,
28910 Hwy 20 West, Hines, Oregon 97738.
FOR FURTHER INFORMATION CONTACT: Detailed information concerning this
public land sale is available on the Internet at <http://www.or.blm.gov/Burns
or may be obtained from Joan Suther,
Field Manager; Skip Renchler or Holly LaChapelle, Realty Specialists,
Three Rivers Resource Area at the above address, phone (541) 573-4400.
Dated: April 8, 2003.
Joan M. Suther,
Three Rivers Resource Area Field Manager.
[FR Doc. 03-12910 Filed 5-19-03; 3:15 pm]
BILLING CODE 4310-33-P