[Federal Register: October 30, 2007 (Volume 72, Number 209)]
[Notices]
[Page 61367-61368]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc07-53]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[ID-310-1430-EU; IDI-34916]
Notice of Realty Action: (Non-Competitive) Direct Sale of Public
Lands, Bonneville County, ID
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Realty Action.
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SUMMARY: The following described 1.25-acre public land parcel near Swan
Valley, Bonneville County, Idaho, has been examined and found suitable
for title transfer by (non-competitive) direct sale to Dale E.
McDowell, Louise J. Prudhomme and George McDowell reserving a
conservation easement to the United States. The sale will be conducted
under the authority of section 203(f)(2) of the Federal Land Policy and
Management Act of 1976, as amended, 43 U.S.C. 1701 et. seq. (FLPMA) and
CFR 2711.3-3(a), and will take place according to procedures governing
direct sale of public land.
DATES: On or before December 1, 2007, interested parties may submit
comments concerning the proposed sale to the BLM Upper Snake Field
Office Manager at the below address. Only written comments will be
accepted.
ADDRESSES: Address all written comments concerning this notice to the
Upper Snake Field Office Manager, BLM Upper Snake Field Office, 1405
Hollipark Drive, Idaho Falls, Idaho 83401. Detailed information
including but not limited to documentation relating to compliance with
all applicable environmental and cultural resource laws is available
for review at the BLM Upper Snake Field Office. 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 information from public review, we cannot
guarantee that we will be able to do so.
FOR FURTHER INFORMATION CONTACT: Jan Parmenter, Realty Specialist, at
the above address, or call: (208) 524-7521.
SUPPLEMENTARY INFORMATION: The following described public land in
Bonneville County, Idaho, will be examined for possible disposal by
direct sale under sections 203 and 209 of the Federal Land Policy and
Management Act of 1976, 43 U.S.C. 1713 and 1719. The BLM has identified
the parcel as follows:
Boise Meridian, Idaho
T. 2 N., R.43 E.,
Sec. 17, N\1/2\NE\1/4\NE\1/4\SW\1/4\NW\1/4\.
The land described above contains approximately 1.25 acres. Upon
publication of this notice in the Federal Register, the land described
above will be segregated from appropriation under the public land laws,
including the mining laws, except for the sale provisions of FLPMA.
These lands are being offered for sale to the proponent at no less than
the appraised fair market value (FMV) of $6,000.00, as determined by
the authorized officer after appraisal.
An appraisal report has been prepared by a State certified
appraiser for the purposes of establishing FMV. This parcel of land
located near Swan Valley, Idaho, is being offered for sale through
direct sale procedures. The land meets the criteria for direct sale,
pursuant to 43 CFR 2711.3-3(a)(5), to resolve inadvertent unauthorized
use and occupancy of the lands and pursuant to 43 CFR 2710.0-3(a)(3)
which states, ``Such tract, because of its location or
[[Page 61368]]
other characteristics is difficult and uneconomic to manage as part of
the public lands and is not suitable for management by another Federal
department or agency.''
This 1.25-acre parcel is not required for any Federal purposes. It
has been determined that this parcel is impractical to manage as part
of the public lands. BLM has determined that resource values will not
be adversely affected by title transfer of this 1.25-acre parcel to
non-Federal ownership. Sale of the parcel conforms to criteria of the
BLM Medicine Lodge Resource Management Plan (RMP) approved in April
1985. The patent, when issued, will contain the following reservations,
covenants, terms and conditions:
1. The parcel will be conveyed with a reservation of a right-of-way
to the United States for ditches and canals constructed by the
authority of the United States under the Act of August 30, 1890 (43
U.S.C. 945).
2. The patentee, by accepting the patent, agrees 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 arising from the past, present, or future acts or omissions
of the grantor, its employees, agents, contractor, or lessees, or a
third party arising out of, or in connection with, the grantor's use
and/or occupancy of the deeded real property resulting in: Violations
of Federal, State and local laws and regulations that are now, or in
the future become, applicable to the real property: (1) Judgments,
claims, or demands of any kind assessed against the United States; (2)
costs, expenses, or damages of any kind incurred by the United States;
(3) releases or threatened releases of solid or hazardous waste(s) and/
or hazardous substance(s) as defined by Federal or State environmental
laws, off, on, into, or under land, property, and other interests of
the United States; (4) other activities by which solids or hazardous
substances or wastes, as defined by Federal and State environmental
laws are generated, released, stored, used, or otherwise disposed of on
the deeded real property, and any cleanup response, remedial action, or
other actions related in any manner to said solid or hazardous
substances or wastes; or (5) natural resource damages as defined by
Federal and State law. This covenant shall be construed as running with
the deeded real property and may be enforced by the United States in a
court of competent jurisdiction.
Pursuant to the requirements established by Section 120(h) of the
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), 42 U.S.C. 9620(h), as amended by the Superfund Amendments and
Reauthorization Act of 1988, 100 Stat. 1670, notice is hereby given
that the above-described parcel has been examined and no evidence was
found to indicate that any hazardous substances have been stored for
one year or more, nor had any hazardous substances been disposed of or
released on the subject property.
3. The patent shall reserve a conservation easement in perpetuity
on the entire 1.25 acre parcel.
Upon publication of this notice in the Federal Register, the land
described above will be segregated from appropriation under the public
land laws, including the general mining laws. The segregation will end
upon issuance of patent or other documents of conveyance for such
lands, upon publication in the Federal Register of a termination of the
segregation, or 270 days from the date of this publication, whichever
occurs first, unless extended by the BLM State Director in accordance
with 43 CFR 2711.2(a), prior to the termination date.
No warranty of any kind, expressed or implied, is given by the
United States as to the title, the parcel's physical condition or
potential uses. The conveyance will not be on a contingency basis. It
is the buyer's responsibility to be aware of all applicable Federal,
State, or local government laws, regulations, or policies that may
affect the subject parcel or its future uses. It is also the buyer's
responsibility to be aware of existing or prospective uses of nearby
properties.
The land will not be offered for sale until at least 60 days after
the date of publication of this notice in the Federal Register. In the
event of a sale, the unreserved mineral interests will be conveyed
simultaneously with the sale of the land. These unreserved mineral
interests have been determined to have no known mineral value pursuant
to 43 CFR 2720.2(a). Acceptance of the sale offer will constitute an
application for conveyance of those unreserved mineral interests. The
purchaser will be required to pay a $50.00 non-refundable filing fee
for conveyance of the available mineral interests. The purchaser will
have 30 days from date of receiving the sale offer to accept the offer
and to submit a deposit of 20 percent of the purchase price, the $50.00
filing fee for conveyance of mineral interests, and for payment of
publication costs. The purchaser must remit the remainder of the
purchase price within 180 days from the date the sale offer is
received. Payments must be by certified check, postal money order, bank
draft, or cashier's check payable to the U.S. Department of the
Interior--BLM. Failure to meet conditions established for this sale
will void the sale and any monies received will be forfeited. Failure
or refusal by Dale E. McDowell, Louise J. Prudhomme, and George
McDowell to submit the required fair market appraisal amount within 180
days of the sale of the parcel will constitute a waiver of this
preference consideration and this parcel may be offered for sale on a
competitive or modified competitive basis.
(Authority: 43 CFR 2711.1-2)
Dated: September 24, 2007.
Wendy Reynolds,
Upper Snake Field Manager.
[FR Doc. E7-21312 Filed 10-29-07; 8:45 am]
BILLING CODE 4310-GG-P