[Federal Register Volume 72, Number 209 (Tuesday, October 30, 2007)]
[Notices]
[Pages 61367-61368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21312]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[ID-310-1430-EU; IDI-34916]


Notice of Realty Action: (Non-Competitive) Direct Sale of Public 
Lands, Bonneville County, ID

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: The following described 1.25-acre public land parcel near Swan 
Valley, Bonneville County, Idaho, has been examined and found suitable 
for title transfer by (non-competitive) direct sale to Dale E. 
McDowell, Louise J. Prudhomme and George McDowell reserving a 
conservation easement to the United States. The sale will be conducted 
under the authority of section 203(f)(2) of the Federal Land Policy and 
Management Act of 1976, as amended, 43 U.S.C. 1701 et. seq. (FLPMA) and 
CFR 2711.3-3(a), and will take place according to procedures governing 
direct sale of public land.

DATES: On or before December 1, 2007, interested parties may submit 
comments concerning the proposed sale to the BLM Upper Snake Field 
Office Manager at the below address. Only written comments will be 
accepted.

ADDRESSES: Address all written comments concerning this notice to the 
Upper Snake Field Office Manager, BLM Upper Snake Field Office, 1405 
Hollipark Drive, Idaho Falls, Idaho 83401. Detailed information 
including but not limited to documentation relating to compliance with 
all applicable environmental and cultural resource laws is available 
for review at the BLM Upper Snake Field Office. 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 information from public review, we cannot 
guarantee that we will be able to do so.

FOR FURTHER INFORMATION CONTACT: Jan Parmenter, Realty Specialist, at 
the above address, or call: (208) 524-7521.

SUPPLEMENTARY INFORMATION: The following described public land in 
Bonneville County, Idaho, will be examined for possible disposal by 
direct sale under sections 203 and 209 of the Federal Land Policy and 
Management Act of 1976, 43 U.S.C. 1713 and 1719. The BLM has identified 
the parcel as follows:

Boise Meridian, Idaho

T. 2 N., R.43 E.,
    Sec. 17, N\1/2\NE\1/4\NE\1/4\SW\1/4\NW\1/4\.

    The land described above contains approximately 1.25 acres. Upon 
publication of this notice in the Federal Register, the land described 
above will be segregated from appropriation under the public land laws, 
including the mining laws, except for the sale provisions of FLPMA. 
These lands are being offered for sale to the proponent at no less than 
the appraised fair market value (FMV) of $6,000.00, as determined by 
the authorized officer after appraisal.
    An appraisal report has been prepared by a State certified 
appraiser for the purposes of establishing FMV. This parcel of land 
located near Swan Valley, Idaho, is being offered for sale through 
direct sale procedures. The land meets the criteria for direct sale, 
pursuant to 43 CFR 2711.3-3(a)(5), to resolve inadvertent unauthorized 
use and occupancy of the lands and pursuant to 43 CFR 2710.0-3(a)(3) 
which states, ``Such tract, because of its location or

[[Page 61368]]

other characteristics is difficult and uneconomic to manage as part of 
the public lands and is not suitable for management by another Federal 
department or agency.''
    This 1.25-acre parcel is not required for any Federal purposes. It 
has been determined that this parcel is impractical to manage as part 
of the public lands. BLM has determined that resource values will not 
be adversely affected by title transfer of this 1.25-acre parcel to 
non-Federal ownership. Sale of the parcel conforms to criteria of the 
BLM Medicine Lodge Resource Management Plan (RMP) approved in April 
1985. The patent, when issued, will contain the following reservations, 
covenants, terms and conditions:
    1. The parcel will be conveyed with a reservation of a right-of-way 
to the United States for ditches and canals constructed by the 
authority of the United States under the Act of August 30, 1890 (43 
U.S.C. 945).
    2. The patentee, by accepting the patent, agrees to indemnify, 
defend, and hold the United States harmless from any costs, damages, 
claims, causes of action, penalties, fines, liabilities, and judgments 
of any kind arising from the past, present, or future acts or omissions 
of the grantor, its employees, agents, contractor, or lessees, or a 
third party arising out of, or in connection with, the grantor's use 
and/or occupancy of the deeded real property resulting in: Violations 
of Federal, State and local laws and regulations that are now, or in 
the future become, applicable to the real property: (1) Judgments, 
claims, or demands of any kind assessed against the United States; (2) 
costs, expenses, or damages of any kind incurred by the United States; 
(3) releases or threatened releases of solid or hazardous waste(s) and/
or hazardous substance(s) as defined by Federal or State environmental 
laws, off, on, into, or under land, property, and other interests of 
the United States; (4) other activities by which solids or hazardous 
substances or wastes, as defined by Federal and State environmental 
laws are generated, released, stored, used, or otherwise disposed of on 
the deeded real property, and any cleanup response, remedial action, or 
other actions related in any manner to said solid or hazardous 
substances or wastes; or (5) natural resource damages as defined by 
Federal and State law. This covenant shall be construed as running with 
the deeded real property and may be enforced by the United States in a 
court of competent jurisdiction.
    Pursuant to the requirements established by Section 120(h) of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA), 42 U.S.C. 9620(h), as amended by the Superfund Amendments and 
Reauthorization Act of 1988, 100 Stat. 1670, notice is hereby given 
that the above-described parcel has been examined and no evidence was 
found to indicate that any hazardous substances have been stored for 
one year or more, nor had any hazardous substances been disposed of or 
released on the subject property.
    3. The patent shall reserve a conservation easement in perpetuity 
on the entire 1.25 acre parcel.
    Upon publication of this notice in the Federal Register, the land 
described above will be segregated from appropriation under the public 
land laws, including the general mining laws. The segregation will end 
upon issuance of patent or other documents of conveyance for such 
lands, upon publication in the Federal Register of a termination of the 
segregation, or 270 days from the date of this publication, whichever 
occurs first, unless extended by the BLM State Director in accordance 
with 43 CFR 2711.2(a), prior to the termination date.
    No warranty of any kind, expressed or implied, is given by the 
United States as to the title, the parcel's physical condition or 
potential uses. The conveyance will not be on a contingency basis. It 
is the buyer's responsibility to be aware of all applicable Federal, 
State, or local government laws, regulations, or policies that may 
affect the subject parcel or its future uses. It is also the buyer's 
responsibility to be aware of existing or prospective uses of nearby 
properties.
    The land will not be offered for sale until at least 60 days after 
the date of publication of this notice in the Federal Register. In the 
event of a sale, the unreserved mineral interests will be conveyed 
simultaneously with the sale of the land. These unreserved mineral 
interests have been determined to have no known mineral value pursuant 
to 43 CFR 2720.2(a). Acceptance of the sale offer will constitute an 
application for conveyance of those unreserved mineral interests. The 
purchaser will be required to pay a $50.00 non-refundable filing fee 
for conveyance of the available mineral interests. The purchaser will 
have 30 days from date of receiving the sale offer to accept the offer 
and to submit a deposit of 20 percent of the purchase price, the $50.00 
filing fee for conveyance of mineral interests, and for payment of 
publication costs. The purchaser must remit the remainder of the 
purchase price within 180 days from the date the sale offer is 
received. Payments must be by certified check, postal money order, bank 
draft, or cashier's check payable to the U.S. Department of the 
Interior--BLM. Failure to meet conditions established for this sale 
will void the sale and any monies received will be forfeited. Failure 
or refusal by Dale E. McDowell, Louise J. Prudhomme, and George 
McDowell to submit the required fair market appraisal amount within 180 
days of the sale of the parcel will constitute a waiver of this 
preference consideration and this parcel may be offered for sale on a 
competitive or modified competitive basis.

(Authority: 43 CFR 2711.1-2)

    Dated: September 24, 2007.
Wendy Reynolds,
Upper Snake Field Manager.
[FR Doc. E7-21312 Filed 10-29-07; 8:45 am]
BILLING CODE 4310-GG-P