[Federal Register: March 27, 2007 (Volume 72, Number 58)]
[Notices]
[Page 14291-14292]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr07-59]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[ID-110-1430-EU; DBG-07-1004; IDI-35476]
Notice of Realty Action; Competitive Sale of Public Land, Idaho
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Realty Action.
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SUMMARY: An 80.00 acre parcel of public land in Ada County, Idaho is
being proposed for competitive sale under the provisions of the Federal
Land Policy Management Act of 1976 (FLPMA), at no less than the
appraised fair market value.
DATES: Comments must be received within 45 days following publication
of this notice in the Federal Register.
ADDRESSES: Comments regarding the proposed sale or EA, as well as
sealed bids, submitted to BLM, should be addressed to Rosemary Thomas,
Four Rivers Field Manager, Bureau of Land Management, Boise District
Office, 3948 Development Avenue, Boise, Idaho 83705, which is also the
address for oral bidding registration, and the location where the
public auction will be held.
FOR FURTHER INFORMATION CONTACT: Information regarding the competitive
sale instructions, procedures, documents, including environmental and
appraisal documents, maps, and materials to submit a bid can be
obtained at the public reception desk at the BLM Boise District Office,
from 8 a.m. to 4:30 p.m., Monday through Friday (except Federal
holidays), or by contacting John Sullivan, Assistant Four Rivers Field
Manager, at the above address or phone (208) 384-3338.
SUPPLEMENTARY INFORMATION: The following described public land in Ada
County, Idaho, has been examined and found suitable for sale utilizing
competitive sale procedures under the authority of Section 203 and
Section 209 of FLPMA (90 Stat. 2750, 43 U.S.C. 1713 and 1719):
T. 2 N., R. 1 W., Boise Meridian, Idaho, sec. 34: SE\1/4\SE\1/4\;
sec. 35: SW\1/4\SW\1/4\.
The area described contains 80.00 acres in Ada County.
The 1983 Kuna Management Framework Plan identified this parcel of
public land as suitable for disposal subject to a site-specific
analysis. BLM has prepared an Environmental Assessment (EA) for this
proposed sale, pursuant to the National Environmental Policy Act. A
draft of the EA is available for public review and comment in the BLM
Boise District office. BLM will be accepting comments from the public
regarding the EA during the time for comment on the proposed sale, up
to 45 days after publication of this Notice in the Federal Register.
As of the date of publication of this notice in the Federal
Register, the above described land is segregated from appropriation
under the public land laws, including the mining laws, except the sale
provisions of the FLPMA. The segregative effect will terminate upon
issuance of a patent, publication in the Federal Register of a
termination of the segregation, or two years from the date of
publication of this notice in the Federal Register, whichever first
occurs, unless extended by the BLM State Director in accordance with 43
CFR 2711.1-2(d) prior to the termination date.
The public land will not be offered for sale until at least 60 days
after the date of publication of this notice in the Federal Register,
and then at no less than the appraised fair market value of
$1,600,000.00. A copy of the approved appraisal is located at the above
address. The land patent, if issued, will be subject to the following
terms, conditions and reservations:
1. A reservation to the United States of a right-of-way 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. Those rights held by Ada County Highway District, its successors
or assigns, for Kuna-Mora Road exercised under the Act of July 26, 1866
(43 U.S.C. 932) and noted under BLM Serial Number IDI-20038.
3. Pursuant to the requirements established by section 120(h) of
the Comprehensive Environmental Response, Compensation, and Liability
Act [42 U.S.C. 9620(h)] (CERCLA), as amended by the Superfund
Amendments and Reauthorization Act of 1988 (100 Stat. 1670), notice is
hereby given that the above-described lands have been examined and no
evidence was found to indicate that any hazardous substances had been
stored for one year or more, nor had any hazardous substances been
disposed of or released on the subject property.
[[Page 14292]]
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, lessees, or any third party, arising
out of or in connection with the patentee's 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
substance(s), as defined by Federal or State environmental laws, off,
on, into or under land, property and other interests of the United
States; (5) Activities by which solid waste or hazardous substance(s)
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
substance(s) or waste(s); 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.
The purchaser, by accepting the land patent, agrees to take the
property subject to the current grazing lease until such time as the
lease expires, or two years from the date of this notice, whichever
first occurs.
This land will be offered for competitive sale on May 29, 2007,
pursuant to 43 CFR 2711.3-1. In the event of a sale, the unreserved
mineral estate will be conveyed simultaneously with the surface estate.
The 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 the 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 sale will be by sealed bid, followed by oral auction. All bids
must be received at the BLM Boise District Office at the above address
no later than 4:30 p.m. MST on the day before the sale. Federal law
requires that bidders must be U.S. citizens 18 years of age or older,
or in the case of a corporation, subject to the laws of any State of
the U.S. Proof of citizenship shall accompany the bid.
At 10 a.m. MST on May 29, 2007, sealed bids will be opened at the
BLM Boise District Office, and the highest acceptable sealed bid will
be determined. An oral auction will follow the determination of the
highest acceptable sealed bid at or in excess of the appraised fair
market value, with the opening oral bid being for not less than the
highest acceptable sealed bid. Oral bidding will continue until the
highest bid is determined. If no oral bids are received, the highest
acceptable sealed bid will be considered the purchaser.
The purchaser will have 30 days from the date of acceptance of the
high bid to submit a deposit of 20 percent of the purchase price and
the $50.00 filing fee for conveyance of mineral interests. The
purchaser must remit the remainder of the purchase price within 180
days from the date of the sale. Payments must be by certified check,
postal money order, bank draft or cashiers 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 to the BLM.
Public Comments: For a period of 45 days following the publication
of this notice in the Federal Register, the public and interested
parties may submit written comments regarding the proposed sale and EA
to the BLM Four Rivers Field Manager at the above address. 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.
Any adverse comments will be reviewed by the BLM Idaho State
Director, who may sustain, vacate, or modify this realty action and
issue a final determination. In the absence of any objections, this
realty action will become the final determination of the Department of
the Interior.
(Authority: 43 CFR 2711.1-2(a))
Dated: January 5, 2007.
Rosemary Thomas,
Four Rivers Field Manager.
[FR Doc. E7-5536 Filed 3-26-07; 8:45 am]
BILLING CODE 4310-GG-P