[Federal Register Volume 64, Number 236 (Thursday, December 9, 1999)]
[Notices]
[Pages 69026-69028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31763]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[OR-025-00-1430-EU: G-0041]


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.

-----------------------------------------------------------------------

SUMMARY: The following described public land in Harney County, Oregon, 
has been examined and found suitable for sale under sections 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 69027]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Minimum
         Parcel No.              Legal description        Acres    acceptable             Bidding procedures                    Designated bidders
                                                                       bid
--------------------------------------------------------------------------------------------------------------------------------------------------------
OR-53952....................  T.27S., R.33E., sec.1,       360        $52,200  Unsold 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\.
OR-54923....................  T.21S., R.31E., sec.          42.61       2,800  Competitive.............................  None.
                               29, lot 6.
OR-54924....................  T.21S., R.31E., sec.         399.19      26,000  Competitive.............................  None.
                               30, lots 19, 20; sec.
                               31, lots 5, 6, 11, 12,
                               13, 14, 19, 20.
OR-54926....................  T.26S., R.33E., sec.         160         10,400  Competitive.............................  None.
                               27, SE\1/4\.
OR-54927....................  T.24S., R.33E., sec.         157         15,700  Competitive.............................  None.
                               30, lots 1, 2, E\1/
                               2\NW\1/4\;.
OR-54928....................  T.24S., R.33E., sec.          80          8,000  Competitive.............................  None.
                               33, W\1/2\NE\1/4\.
OR-54929....................  T.22S., R.32E., sec.         160         10,400  Competitive.............................  None.
                               12, N\1/2\NW\1/4\,
                               SW\1/4\NW\1/4\, NW\1/
                               4\SW\1/4\.
OR-54930....................  T.22S., R.32\1/2\E.,         246.88      16,000  Competitive.............................  None.
                               sec. 7, lots 2, 3, 4,
                               SW\1/4\NE\1/4\, W\1/
                               2\SE\1/4\; sec. 18,
                               lot 7.
OR-55277....................  T.22S., R.32\1/2\E.,          10.3          400  Modified Competitive....................  Fort Harney Ranch Timothy K.
                               sec. 18, lot 10.                                                                           Smith and Holly Swift.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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 the United States.
OR-54927, OR-54928--A reservation to the United States of all 
geothermal steam and associated geothermal resources.
OR-54927--A reservation to the United States of a right-of-way for 
administrative road access purposes.
OR-54923, OR-54927, OR-54928--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-54927--A floodplain restrictive covenant pursuant 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--Patent will be subject to a right-of-way for road purposes 
granted to Tom Davies.
OR-53952, OR-54924, OR-54930--Patents will be subject to a right-of-way 
for electric power transmission and distribution purposes granted to 
Harney Electric Cooperative, Oregon Trail Electric Cooperative, Pacific 
Power and Light, and Utah Power and Light.
OR-54927, OR-54930--Patents will be subject to road rights-of-way in 
conjunction with the Harney County road system.
OR-54928--Patent will be subject to a geothermal lease held by Geo-
Culture, Inc.

    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 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.
    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 8, 2000, at the Burns District Office, Bureau of Land Management, 
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 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

[[Page 69028]]

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 8, 2000, 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 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 
land is 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 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 for the prospective purchaser for purchase of the mineral 
interests to be conveyed simultaneously with the sale of the land. Note 
that in the case of Parcels OR-54927 and OR-54928 only partial mineral 
interests are being offered. All minerals will be conveyed with the 
remainder of the parcels.

DATES: On or before January 24, 2000, interested persons may submit 
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, 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, Field Manager or 
Skip Renchler, Realty Specialist, Three Rivers Resource Area at the 
above address, phone (541) 573-4400.

    Dated: November 30, 1999.
Craig M. Hansen,
Three Rivers Resource Area Field Manager.
[FR Doc. 99-31763 Filed 12-8-99; 8:45 am]
BILLING CODE 4310-33-M