[Federal Register Volume 67, Number 84 (Wednesday, May 1, 2002)]
[Notices]
[Pages 21716-21717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10706]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-025-02-1430-EU: G-2-0025]


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

AGENCY: Bureau of Land Management (BLM), Burns District, Interior.

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 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.

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                                                              Minimum
    Parcel number        Legal description        Acres      acceptable       Bidding        Designated bidders
                                                                bid         procedures
----------------------------------------------------------------------------------------------------------------
OR-56567.............  T.18S., R.33\1/2\E.,         120         $24,000  Modified          Gladys Williams,
                        sec. 32, S\1/2\SW\1/                              Competitive.      Terry and Nancy
                        4\, SW\1/4\SE\1/4\.                                                 Williams, and Van
                                                                                            Grazing Cooperative.
OR-56568.............  T.19S., R.33\1/2\E.,          40           8,000  Modified          Van Grazing
                        sec. 26, NW\1/4\NW\1/                             Competitive.      Cooperative, Helen
                        4\.                                                                 Opie, and Jack
                                                                                            Joyce.
OR-56574.............  T.22S., R.33E., sec.         320         128,000  Competitive.....  None.
                        28, E\1/2\.
OR-56575.............  T.27S., R.34E., sec.         145.56       58,000  Competitive.....  None
                        6, lots 3(40.26),
                        4(32.76), 5(32.54),
                        SE\1/4\NW\1/4\.
OR-56576.............  T.27S., R.34E., sec.          40           8,000  Modified          Fred and Betty
                        9, SW\1/4\SW\1/4\.                                Competitive.      Briggs, and John and
                                                                                            Karen Starbuck.
OR-56577.............  T.27S., R.34E., sec.          40           8,000  Modified          Conly and Barbara
                        21, NE\1/4\SE\1/4\.                               Competitive.      Marshall, and Don
                                                                                            Opie.
OR-56579.............  T.27S., R.34E., sec.         160          32,000  Modified          Conly and Barbara
                        23, S\1/2\SW\1/4\;                                Competitive.      Marshall, Donald and
                        sec. 26, N\1/2\NW\1/                                                Susan Ramsey, Carol
                        4\.                                                                 Temple, and Don
                                                                                            Opie.
----------------------------------------------------------------------------------------------------------------

    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-56575--A restriction which constitutes a covenant running with 
the land, that the wetland riparian habitat must be managed to protect 
and maintain the habitat on a continuing basis.
    The following patents, when issued, would be subject to the 
following rights-of-way held by third parties:
    OR-56574--Power line purposes granted to Harney Electric 
Cooperative under OR-5183, power line purposes granted to Idaho Power 
Company under OR-12080, fiber optics purposes granted to CenturyTel 
under OR-54600, fiber optics facilities purposes granted to CenturyTel 
under OR-54915, U.S. Highway purposes granted to Oregon Department of 
Transportation (ODOT) under OR-30389, and fiber optics facilities 
purposes granted to Williams Communications, LLC under OR-54252.
    OR-56575--County road purposes granted to Harney County under OR-
56834.
    OR-56577--Power line purposes granted to Harney Electric 
Cooperative under OR-5183, and telephone purposes granted to CenturyTel 
under OR-18562.
    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 the second 
Wednesday of the month

[[Page 21717]]

after July 1, 2002, at the Burns District Office, Bureau of Land 
Management, 28910 Hwy 20 West, Hines, Oregon 97738. 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 on 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 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/PDT 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 2:00 p.m. PST July 1, 2002, 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 from the prospective purchaser for purchase of the mineral 
interests to be conveyed simultaneously with the sale of the land.

EFFECTIVE DATE: On or before June 17, 2002, interested persons may 
submit comments regarding the proposed sale to the Acting 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 
Acting 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 Rudy Hefter, Acting Three Rivers 
Resource Area Field Manager; or Holly LaChapelle, Land Law Examiner, at 
the above address, phone (541) 573-4400.

    Dated: March 6, 2002.
Rudolph J. Hefter,
Acting Three Rivers Resource Area Field Manager.
[FR Doc. 02-10706 Filed 4-30-02; 8:45 am]
BILLING CODE 4310-33-P