[Federal Register Volume 68, Number 99 (Thursday, May 22, 2003)]
[Notices]
[Pages 28012-28014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12910]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-025-03-1430-EU: G-3-0142]


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

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

ACTION: Notice of realty action.

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

----------------------------------------------------------------------------------------------------------------
                                                  Market
    Parcel No.           Legal         Acres      value/            Bidding procedures             Designated
                      description              minimum bid                                           bidders
----------------------------------------------------------------------------------------------------------------
OR-57461.........  T. 20S., R.         160         $24,800  Competitive.......................  None.
                    35E., sec. 7,
                    E\1/2\SE\1/4\;
                    sec. 8, W\1/
                    2\SW\1/4\.
OR-57462.........  T. 21S., R.         109.42       15,900  Competitive.......................  None.
                    31E., sec. 5,
                    lots 5, 6, 7
                    and 8.
OR-57463.........  T. 22S., R.          80          12,800  Competitive.......................  None.
                    29E., sec. 28,
                    W\1/2\SW\1/4\.
OR-57464.........  T. 22S., R.          40           3,000  Modified Competitive..............  Temple and
                    33E., sec. 22,                                                               Temple, Lost
                    NW\1/4\NW\1/4\.                                                              Springs Ranch,
                                                                                                 LLC.
OR-57465.........  T. 22S., R.          40           3,000  Modified Competitive..............  Temple and
                    33E., sec. 22,                                                               Temple, Lost
                    SW\1/4\SW\1/4\.                                                              Springs Ranch,
                                                                                                 LLC, Bailey and
                                                                                                 Barton.
OR-57466.........  T. 26S., R.          40           2,600  Competitive.......................  None.
                    24E., sec. 34,
                    NW\1/4\NE\1/4\.
OR-57467.........  T. 25S., R.         160          16,600  Competitive.......................  None.
                    32E., sec. 29,
                    NE\1/4\.
OR-57468.........  T. 26S., R. 31E.    160          11,600  Modified Competitive..............  Tyler Brothers,
                    (North of                                                                    Ralph Tice c/o
                    Malheur Lake),                                                               Wallace M.
                    sec. 1, NE\1/4\.                                                             Tice.
OR-57469.........  T. 26S., R. 32E.     40.62        3,050  Modified Competitive..............  Tyler Brothers,
                    (North of                                                                    Ralph Tice c/o
                    Malheur Lake),                                                               Wallace M.
                    sec. 6, lot 3.                                                               Tice, Bethany
                                                                                                 Evangelical
                                                                                                 Free Church c/o
                                                                                                 Jamie Porter.
OR-57470.........  T. 26S., R. 32E.     80           5,800  Modified Competitive..............  Tyler Brothers,
                    (North of                                                                    Ralph Tice c/o
                    Malheur Lake),                                                               Wallace M.
                    sec. 6, N\1/                                                                 Tice, William
                    2\SE\1/4\.                                                                   D. Cramer c/o
                                                                                                 Daniel L.
                                                                                                 Cronin.
OR-57471.........  T. 26S., R.          80           6,000  Competitive.......................  None.
                    30E., (North of
                    Harney Lake),
                    sec. 12, SW\1/
                    4\SW\1/4\; sec.
                    13, NW\1/4\NW\1/
                    4\.
OR-57472.........  T. 26S., R.         120           8,400  Competitive.......................  None.
                    30E., (North of
                    Harney Lake),
                    sec. 15, S\1/
                    2\SE\1/4\; sec.
                    22, NW\1/4\NE\1/
                    4\.
OR-57473.........  T. 26S., R.          40           3,000  Competitive.......................  None.
                    30E., (North of
                    Harney Lake),
                    sec. 24, NE\1/
                    4\SE\1/4\.
OR-57474.........  T. 26S., R. 31E.     39.18        3,150  Competitive.......................  None.
                    (North of
                    Malheur Lake),
                    sec. 18, lot 4.
OR-57475.........  T. 26S., R. 34E     120           8,400  Modified Competitive..............  Zachary O.
                    sec. 27, N\1/                                                                Sword, Nevin
                    2\SW\1/4\; sec.                                                              and Shirley
                    28, NE\1/4\SE\1/                                                             Thompson,
                    4\.                                                                          Trustees.
OR-57476.........  T. 26S., R.          40           3,200  Modified Competitive..............  Zachary O.
                    34E., sec. 29,                                                               Sword, Nevin
                    NE\1/4\NE\1/4\.                                                              and Shirley
                                                                                                 Thompson,
                                                                                                 Trustees.

[[Page 28013]]

 
OR-57477.........  T. 26S., R.          40           3,200  Modified Competitive..............  Zachary O.
                    34E., sec. 29,                                                               Sword, Nevin
                    SW\1/4\NE\1/4\.                                                              and Shirley
                                                                                                 Thompson,
                                                                                                 Trustees.
----------------------------------------------------------------------------------------------------------------

    The 17 parcels described above contain 1,389.22 acres in Harney 
County, Oregon.
    The following parcels were originally offered in 2001 and 2002 
under Notices of Realty Action published in the Federal Register on 
November 16, 2000 and May 1, 2002. No bids were received and these 
parcels were subsequently declared unsold under the provisions of those 
notices. They have been reappraised and are being reoffered 
competitively.

----------------------------------------------------------------------------------------------------------------
                                                           Market
    Parcel No.        Legal description       Acres        value/        Bidding procedures        Designated
                                                        Minimum bid                                  bidders
----------------------------------------------------------------------------------------------------------------
OR-55323..........  T. 25S., R. 31E.,            79.79       $5,600  Competitive..............  None.
                     sec. 1, lots 1 and 2.
OR-56574..........  T. 22S., R. 33E.,              320       40,000  Competitive..............  None.
                     sec. 28, E\1/2\.
OR-56575..........  T. 27S., R. 34E.,           145.56       21,100  Competitive..............  None.
                     sec. 6, lots 3, 4,
                     5, SE\1/4\NW\1/4\.
OR-56576..........  T. 27S., R. 34E.,               40        3,600  Competitive..............  None.
                     sec. 9, SW\1/4\SW\1/
                     4\.
OR-56577..........  T. 27S., R. 34E.,               40        3,200  Competitive..............  None.
                     sec. 21, NE\1/4\SE\1/
                     4\.
OR-56579..........  T. 27S., R. 34E.,              160       11,200  Competitive..............  None.
                     sec. 23, S\1/2\SW\1/
                     4\; sec. 26, N\1/
                     2\NW\1/4\.
----------------------------------------------------------------------------------------------------------------

    The six parcels described above contain 785.35 acres in Harney 
County, Oregon. The total area of these six parcels plus the preceding 
17 parcels amount to 2,174.57 acres. The following rights, 
reservations, and conditions will be included in the conveyances of the 
land:
    All parcels--A reservation for a right-of-way for ditches and 
canals constructed thereon by the authority of United States.
    OR-56574--The sale of this parcel would be subject to a right-of-
way for electric distribution line purposes granted to Harney Electric 
Cooperative (ORE-05183); a right-of-way for electric transmission line 
purposes granted to Idaho Power Company (ORE-012080); a right-of-way 
for buried communication cable purposes (OR-54600) and buried fiber 
optics facilities (OR-54915) granted to CenturyTel; a right-of-way for 
highway purposes granted to Oregon Department of Transportation (TD-
030389); and a right-of-way for buried fiber optics facilities granted 
to Williams Communications, LLC (OR-54252).
    OR-56575--The conveyance document for this parcel would contain a 
wetland/riparian covenant pursuant to the authority contained in 
Section (4) of Executive Order 11990 of May 24, 1977. The sale of this 
parcel would be subject to a right-of-way for public road purposes 
granted to Harney County (OR-56834).
    OR-56576--The sale of this parcel would be subject to a right-of-
way for power transmission and distribution line purposes granted to 
Harney Electric Cooperative (ORE-05183) and a right-of-way for 
telephone line purposes held by CenturyTel (ORE-018562).
    OR-57461--The sale of this parcel would be subject to a right-of-
way for electric power transmission and distribution purposes granted 
to Idaho Power (ORE-0874); a right-of-way for county road purposes 
granted to Oregon Department of Transportation, on behalf of Harney 
County (ORE-03347); a right-of-way for buried communication cable 
purposes granted to CenturyTel of Oregon, Inc. (OR-55250); a right-of-
way for road purposes granted to Richard D. Boatwright, Jr. (OR-57058), 
and a right-of-way for road purposes granted to Charles Dunten (OR-
58413).
    OR-57462--The sale of this parcel would be subject to a right-of-
way for electric power transmission purposes granted to Oregon Trail 
Electric Cooperative (ORE-016812).
    OR-57463--The sale of this parcel would be subject to a right-of-
way for road purposes held by Harney County (OR-20557).
    OR-57467--The conveyance document for this parcel would contain a 
wetland/riparian covenant pursuant to the authority contained in 
Section (4) of Executive Order 11990 of May 24, 1977 and a floodplain 
covenant pursuant to the authority contained in Section 3(d) of 
Executive Order 11988 of May 24, 1977.
    OR-57468--The conveyance document for this parcel would contain a 
floodplain covenant pursuant to the authority contained in Section 3(d) 
of Executive Order 11988 of May 24, 1977.
    OR-57469--The conveyance document for this parcel would contain a 
floodplain covenant pursuant to the authority contained in Section 3(d) 
of Executive Order 11988 of May 24, 1977.
    OR-57470--The conveyance document for this parcel would contain a 
floodplain covenant pursuant to the authority contained in Section 3(d) 
of Executive Order 11988 of May 24, 1977.
    Access will not be guaranteed to any of the parcels that may be 
sold, nor will any warranty be made as to the title or use of the 
property in violation of applicable land use laws and regulations. Each 
parcel will be sold in ``as is'' condition. 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.
    Each of the above described parcels is hereby segregated from 
appropriation under the public land laws, including the mining laws, 
until conveyance of the land pending disposition of this action, or 
until February 17, 2004, whichever occurs first.

Bidding Procedures

Competitive Procedures

    The Federal Land Policy and Management Act and its implementing 
sale regulations (43 CFR part 2710) provide that competitive bidding 
will be

[[Page 28014]]

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 p.m. PST on Wednesday, 
August 13, 2003, at the Burns District Office, Bureau of Land 
Management, 28910 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 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 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 parcel being offered to the apparent high 
bidder or being 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 person 
making the highest valid bid received during the preceding month, and 
not less than the appraised market value at the time, will be declared 
the purchaser. Sealed bids will be accepted and held until the second 
Wednesday of each month at 2 p.m. PST when they will be opened. Bid 
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 p.m. PST on Wednesday, August 13, 2003, at 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 of the United States; 
(3) other entities such as an association or a partnership capable of 
holding land or interests therein under the laws of the State within 
which the land is located; or (4) a State, State instrumentality or 
political subdivision authorized to hold property. Certifications and 
evidence to this effect will be required of the purchaser prior to 
issuance of a patent.
    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.
    The BLM has determined that each of the above described parcels 
have no known mineral values, as defined in 43 CFR 2720.0-5(b). A 
successful bid on a parcel constitutes an application for conveyance of 
these mineral interests, pertaining to that parcel, under the authority 
of section 209(b) of the Federal Land Policy and Management Act of 
1976. In addition to the full purchase price for each parcel, a 
nonrefundable fee of $50 will be required from the prospective 
purchaser in conjunction with the purchase of the mineral interests to 
be conveyed simultaneously with the purchase and sale of the surface 
estate.

DATES: On or before July 7, 2003, any person may submit written 
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, 
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 Joan Suther, 
Field Manager; Skip Renchler or Holly LaChapelle, Realty Specialists, 
Three Rivers Resource Area at the above address, phone (541) 573-4400.

    Dated: April 8, 2003.
Joan M. Suther,
Three Rivers Resource Area Field Manager.
[FR Doc. 03-12910 Filed 5-19-03; 3:15 pm]
BILLING CODE 4310-33-P