[Federal Register Volume 72, Number 191 (Wednesday, October 3, 2007)]
[Notices]
[Pages 56380-56382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19514]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-930-07-5870-EU; OR-63956; HAG-07-0135]


Notice of Realty Action; Non-Competitive (Direct) Sale of Public 
Land; Harney County, OR

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: A 240-acre parcel of public land in Harney County, Oregon, is 
being considered for direct sale to resolve an inadvertent occupancy 
trespass. The parcel is the minimum size possible to resolve the 
encroachment. The parcel proposed for sale is identified as suitable 
for disposal in the BLM Andrews and Drewsey Management Framework Plan, 
dated September 1987, and the BLM Andrews Resource Management Plan and 
Record of Decision, dated July 15, 2005.

DATES: Submit comments on or before November 16, 2007. Only written 
comments will be accepted.

ADDRESSES: Address all written comments to Karla Bird, Andrews Resource 
Area Field Manager, Burns District Office, Bureau of Land Management, 
28910 Hwy 20 West, Hines, Oregon 97738. Comments

[[Page 56381]]

expressed verbally or in electronic format will not be accepted.

FOR FURTHER INFORMATION CONTACT: Holly Orr, Realty Specialist, at (541) 
573-4501.

SUPPLEMENTARY INFORMATION: 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). The parcel 
proposed for sale is identified as follows:

Willamette Meridian, Oregon

T. 33 S., R. 30 E., Sec. 28, N\1/2\S\1/2\ and S\1/2\SE\1/4\.

    The area described contains 240 acres in Harney County.

    This parcel will be sold at not less than the appraised market 
value, currently determined to be $42,500. In accordance with 43 CFR 
2711.3-3(a)(5), direct sale procedures are appropriate to resolve 
inadvertent unauthorized use or occupancy of the land. The encroachment 
involves portions of outbuildings, an abandoned airstrip, ranch waste, 
haystacks, cattle supplement tanks, and metal debris that are spread 
over the entire 240-acre parcel.
    Gary Miller, Rock Creek Ranch, Inc., will be allowed 30 days from 
receipt of a written offer to submit a deposit or at least 10 percent 
of the appraised market value of the parcel and within 180 days 
thereafter to submit the balance. No representation, warranty or 
covenant of any kind, express or implied, will be given or made by the 
United States, its officers or employees, as to access to or from the 
above described parcel of land, the title to the land, whether or to 
what extent the land may be developed, its physical condition or its 
past, present or potential uses. However, to the extent required by 
law, the sale will be subject to the requirements of section 120(h) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act (42 U.S.C. 9620(h)).
    As proposed, the sale will be made, and the land will be conveyed, 
subject to:
    1. Valid existing rights;
    2. A right-of-way for ditches and canals reserved by the United 
States pursuant to the Act of August 30, 1890 (43 U.S.C. 945);
    3. Local zoning and subdivision laws, if any.
    By accepting deed/patent, and to the extent allowed by law, the 
purchaser agrees to indemnify, defend and hold harmless the United 
States from any cost, damages, claims, causes of action, penalties, 
fines, liabilities, and judgments of any kind or nature arising from 
past, present and future acts or omissions of the purchaser, previous 
landowners or subsequent landowners or contractors, or lessees, or any 
third party, arising out of, or in connection with the purchaser's use, 
occupancy, or operations on the real property which has already 
resulted or does hereafter result in:
    (1) Violations of federal, State, and local laws and regulations 
which are now or may in the future become applicable to the real 
property;
    (2) Judgments, claims and demands of any kind assessed against the 
United States;
    (3) Cost, expense or damages of any kind incurred by the United 
States;
    (4) Other releases or threatened releases on, into, or under land, 
property and other interests of the United States by solid or hazardous 
waste(s), or substance(s) as defined by federal and state law;
    (5) Natural resource damages as defined by federal and state law; 
or
    (6) Other activities by which solid or hazardous wastes, as defined 
by federal and state law were generated, used, stored, released or 
otherwise disposed of on the real property, and any clean-up, response 
or remedial action, or other action related in any manner to said solid 
or hazardous substances or wastes.
    This covenant shall be construed as running with the real property, 
and may be enforced by the United States in a court of competent 
jurisdiction.
    The United States Government shall be neither responsible for 
compliance with a provision of, nor liability arising from the 
Comprehensive Environmental Response, Compensation and Liability Act of 
1980, as amended, (CERCLA 42 U.S.C. 6901 et. seq.), the Resource 
Conservation and Recovery Act of 1976, as amended (RCRA 42 U.S.C. 6901 
et. seq.) or any other applicable provision of Federal Law with respect 
to a release or threat of release of hazardous substance, pollutant or 
contaminant, or hazardous waste on the real property conveyed under 
this deed, except to the extent described in the CERCLA Notice, 
attached hereto and incorporated herein by reference. (Be sure to 
attach a copy of the CERCLA Notice).
    All persons claiming to own unauthorized improvements on the land 
are allowed 60 days from the date of sale to remove the improvements.
    The mineral interests being offered for conveyance have no known 
mineral value.
    Acceptance of the direct sale offer constitutes an application for 
conveyance of the mineral interests also being offered under the 
authority of section 209(b) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1719). In addition to the full purchase price, a 
nonrefundable fee of $50 will be required for the purchase of the 
mineral interest to be conveyed simultaneously with the sale of the 
land.
    On October 3, 2007, the above described land will be segregated 
from appropriation under the public land laws, including the mining 
laws, except the sale provisions of the Federal Land Policy and 
Management Act of 1976. Until completion of the sale, the Bureau of 
Land Management is no longer accepting land use applications affecting 
the identified public lands, except applications for the amendment of 
previously filed rights-of-way applications or existing authorizations 
to increase the term of the grants in accordance with 43 CFR 2807.15 
and 2886.15. The segregative effect will terminate upon issuance of a 
patent, publication in the Federal Register of a termination of the 
segregation, or October 5, 2009, unless extended by the Bureau of Land 
Management, State Director, in accordance with 43 CFR 2711.1-2(d) prior 
to the termination date.
    Public Comments: On or before November 16, 2007, any person may 
submit written comments regarding the proposed sale to the Andrews 
Resource Area Field Manager at the Burns District Office, Bureau of 
Land Management, 28910 Hwy. 20 West, Hines, Oregon 97738.
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review. Before 
including your address, phone number, e-mail address, or other personal 
identifying information in your comment, you should be aware that your 
entire comment--including your personal identifying information--may be 
made publicly available at any time. While you can ask us in your 
comment to withhold your personal identifying information from public 
review, we cannot guarantee that we will be able to do so.
    Detailed information, including the appraisal, the Environmental 
Assessment and the Decision relative to this direct land sale is 
available at the Burns District Office (address above) during business 
hours. Inquiries may also be directed to Holly Orr, Realty Specialist, 
Burns District Office at the above address, or by phone (541) 573-4400. 
Objections will be reviewed by the Bureau of Land Management, Burns 
District Manager, who may sustain,

[[Page 56382]]

vacate, or modify this realty action. 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)

    Dated: August 9, 2007.
Mark W. Sherbourne,
Acting Andrews Resource Area Field Manager.
 [FR Doc. E7-19514 Filed 10-2-07; 8:45 am]
BILLING CODE 4310-33-P