[Federal Register Volume 63, Number 248 (Monday, December 28, 1998)]
[Notices]
[Pages 71500-71503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34179]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[OR-025-09-1430-01: G-0060]


Realty Action: Sale of Public Land in Harney County, Oregon

AGENCY: Bureau of Land Management (BLM), DOI.

ACTION: Notice of realty action, sale of public land.

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SUMMARY: The following described public land in Harney County, Oregon, 
has been examined and found suitable for sale under Section 203 and 209 
of the Federal Land Policy and Management Act of 1976 (90 Stat. 2750, 
43 U.S.C. 1713 and 1719), at not less than the appraised market value. 
All parcels being offered are identified for disposal in the Three 
Rivers Resource Management Plan.
    All of the land described is within the Willamette Meridian.

[[Page 71501]]



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                                                                    Minimum
      Parcel No.             Legal description          Acres      acceptable           Bidding procedures                    Preference bidders
                                                                      bid
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OR-52578..............  T.26S., R.29E., sec. 1,           159.36    $8,000.00  Unsold Competitive..................  None.
                         lots 2, 3 SW\1/4\NE\1/4\,
                         SE\1/4\NW\1/4\.
OR-52579..............  T.26S., R.29E., sec. 2,            40        2,000.00  Unsold Competitive..................  None.
                         SE\1/4\SE\1/4\.
OR-52784..............  T.25S., R.30E., sec. 33,           40        2,000.00  Competitive.........................  None.
                         NE\1/4\NE\1/4\.
OR-52786..............  T.26S., R.30E. (north of          120        8,000.00  Unsold Competitive..................  None.
                         Harney Lake), sec. 5,
                         SE\1/4\ NW\1/4\, NE\1/4\,
                         SW\1/4\, NW\1/4\.
OR-53942..............  T.23S., R.27E., sec. 18,           40        2,000.00  Modified Competitive................  Meadow Creek Enterprises, Inc., and
                         NE\1/4\ NW\1/4\.                                                                             Richard O. and Patricia Ann Raney.
OR-53944..............  T.25S., R.33E., sec. 3,            40        2,000.00  Modified Competitive................  Richard and Nancy Adams, Naomi
                         NW\1/4\ SW\1/4\.                                                                             Arnold, Frank Catterson and the
                                                                                                                      State of Oregon.
OR-53945..............  T.25S., R.33E. sec. 4, lot         41.67     2,100.00  Competitive.........................  None.
                         7.
OR-53947..............  T.26S., R.31E., north of          240       12,000.00  Modified Competitive................  Sylvester and Mary Morris, Herbert
                         Malheur Lake, sec. 5, S\1/                                                                   R. Vloedman, Anna C. Vloedman,
                         2\N\1/2\, N\1/2\SW\1/4\.                                                                     Joseph M. and Kathryn A. Sylvia,
                                                                                                                      and the State of Oregon.
OR-53948..............  T.26S., R.31E., north of          439.65    22,000.00  Modified Competitive................  Roger Perry White, William White,
                         Malheur Lake, sec. 6, lot                                                                    Herbert R. Vloedman, Anna C.
                         4, SE\1/4\ SW\1/4\; sec.                                                                     Vloedman, and the State of Oregon.
                         7, NW\1/4\ NE\1/4\, S\1/
                         2\ NE\1/4\, E\1/2\ NW\1/
                         4\, SE\1/4\.
OR-53949..............  T.25S., R.13E., north of           80        4,000.00  Modified Competitive................  Chester C. and Joan Knight, and
                         Malheur Lake, sec. 8, N\1/                                                                   William White.
                         2\ SE\1/4\.
OR-53950..............  T.26S., R.31E., north of           80        4,000.00  Modified Competitive................  Chester C. and Joan Knight, Gilbert
                         Malheur Lake sec. 9, N\1/                                                                    L. and Dixie L. Keith, Kevin L.
                         2\ NW\1/4\.                                                                                  Keith, and Taylor and Riddle.
OR-53951..............  T26S., R.31E., north of           400       20,000.00  Competitive.........................  None.
                         Malheur Lake, sec. 15,
                         W\1/2\; sec. 22, N\1/2\
                         NW\1/4\.
OR-53952..............  T27S., R.33E., sec. 1,            360       52,200.00  Competitive.........................  None.
                         SW\1/4\ NW\1/4\, W\1/2\
                         SW\1/4\; sec. 2, S\1/2\
                         NE\1/4\, SE\1/4\.
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[[Page 71502]]

    The following rights, reservations, and conditions will be included 
on the patents conveying the land:
    All Parcels--A reservation for a right-of-way for ditches and 
canals constructed thereon by the authority of United States under the 
Act of August 30, 1890 (43 U.S.C. 945).
    OR-53945--A reservation to the United States of all saleable 
mineral deposits pursuant to the Act of October 21, 1976 (43 U.S.C. 
1719)
    OR-53947--A wetland restrictive covenant pursuant to Executive 
Order 11990. The patent will be subject to a covenant that the portions 
of the land containing wetland habitat must be managed to protect and 
maintain the wetland.
    OR-53947, OR-53948, OR-53950, OR-53951--A floodplain restrictive 
covenant pursuant to Executive Order 11988. The patent will be subject 
to a covenant that the land may be used only for agricultural purposes, 
livestock grazing or for park and nonintensive open space recreation 
purposes, but not for dwellings or buildings.
    OR-53952, OR-52786--Patents will be subject to a right-of-way for 
electric power transmission and distribution purposes.
    Access will not be guaranteed to any of the parcels being offered 
for sale, nor any warranty made as to the use of the property in 
violation of applicable land use laws and regulations. Before 
submitting a bid, prospective purchasers should check with the 
appropriate city or county planing department to verify approved uses.
    All persons, other than the successful bidder, claiming to own 
unauthorized improvements on the land are allowed 60 days from the date 
of sale to remove the improvements.
    All land described is hereby segregated from appropriation under 
the public land laws, including the mining laws, pending disposition of 
this action, or 270 days from the date of publication of this notice, 
whichever occurs first.

Bidding Procedures

Competitive Procedures

    The Federal Land Policy and Management Act and its implementing 
regulations (43 CFR 2710) provide that competitive bidding will be 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 2:00 p.m. PST on Wednesday, 
March 10, 1999, at the Burns District Office, Bureau of Land 
Management, Hwy 20 West, Hines, Oregon. To qualify for the oral auction 
bidders must submit a seal 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 $50. 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 preference bidders 
designated 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 from the general public. 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 bid deposit for the apparent high bid(s) will be retained and all 
others will be returned. In the absence of any sealed bids the parcel 
will be offered to the preference bidder(s) at the minimum bid 
(appraised market value). The designated preference bidders need not 
bid in the initial round of bidding to remain qualified for preference 
consideration.
    The preference bidders will be notified by certified mail of the 
apparent high bid.
    Where there are two or more preference 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 preferred 
bidders will result in the parcel being offered to the apparent high 
bidder or 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 highest 
valid bid received during the preceding month will be declared the 
purchaser. Sealed bids will be accepted and held until the second 
Wednesday of each month at 2:00 p.m. PST when they will be opened. 
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 than 2:00 p.m. PST on Wednesday, March 10, 1999, 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 his total bid 
deposit up to the required 20 percent of the high bid. Personal checks 
or case 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 the United States; (3) 
other entities such as associations and partnerships capable of holding 
land or interests therein under the laws of the state within which the 
lands are located; or (4) states, state instrumentalities or political 
subdivisions authorized to hold property. Certifications and evidence 
to this effect will be required of the purchaser prior to issuance of 
conveyance documents.
    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

[[Page 71503]]

qualified bidder, or if no other bids were received, the parcel will be 
declared unsold.
    A successful bid on a parcel constitutes an application for 
conveyance of those mineral interests offered under the authority of 
Section 209(b) of the Federal Land Policy and Management Act of 1976. 
In addition to the full purchase price, a nonrefundable fee of $50 will 
be required from the prospective purchaser for purchase of the mineral 
interests to be conveyed simultaneously with the sale of the land.

DATES: On or before February 11, 1999, interested persons may submit 
comments regarding the proposed sale to the Burns District 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 
Burns District Manager, HC 74-12533, Hwy 20 West, Hines; Oregon 97738.

FOR FURTHER INFORMATION CONTACT: Detailed information concerning this 
public land sale is available from Craig M. Hansen, Area Manager or 
Skip Renchler, Realty Specialist, Three Rivers Resource Area at the 
above address, phone (541) 573-4400.

    Dated: December 17, 1998.
Craig M. Hansen,
Three Rivers Resource Area Manager.
[FR Doc. 98-34179 Filed 12-24-98; 8:45 am]
BILLING CODE 4310-33-M