[Federal Register Volume 75, Number 92 (Thursday, May 13, 2010)]
[Notices]
[Pages 26991-26993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11483]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLOR050000, L58740000 EU0000, LXSS058H0000; HAG-10-0044]


Notice of Realty Action; Competitive Sale of Public Land in 
Deschutes County, Oregon

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: This notice announces a comment period and proposed sale of 
five parcels of public land totaling 640 acres located in Deschutes 
County, Oregon, at not less than the appraised market value through 
competitive bidding. The sale will be conducted by the United States 
General Services Administration (GSA) as an online auction, at GSA's 
Web site http://www.auctionrp.com.

DATES: This notice initiates the public comment period and any person 
may submit written comments regarding the proposed sale. All comments 
must be received on or before June 28, 2010. Comments must reference a 
specific parcel number and the applicable Bureau of Land Management 
(BLM) serial number.

ADDRESSES: Address all written comments to Molly Brown, Deschutes Field 
Manager, BLM Prineville District Office, 3050 East Third Street, 
Prineville, Oregon 97754. Only written comments submitted through the 
U.S. Postal Service or other delivery service, or hand-delivered to the 
BLM Prineville District Office will be considered properly filed. 
Electronic mail, facsimile, or telephone comments will not be 
considered properly filed.

FOR FURTHER INFORMATION CONTACT: Philip Paterno, BLM Realty Specialist, 
at (541) 416-6724, or by e-mail, ([email protected]). Detailed 
information regarding the five parcels can be found at the BLM Web 
site: http://www.blm.gov/or/districts/prineville/plans/fltfa.php.

SUPPLEMENTARY INFORMATION: The following described public land parcels 
have been identified for disposal in the BLM Brothers-La Pine Resource 
Management Plan (RMP) and Record of Decision (ROD) dated July 1989, and 
in the BLM Upper Deschutes RMP and ROD dated September 2005. The 
parcels are proposed for sale under Sections 203 and 209 of the Federal 
Land Policy and Management Act (FLPMA) of 1976 (90 Stat. 2750, 43 
U.S.C. 1713 and 1719). The sales will include all mineral interests of 
the United States since a determination of no known mineral value has 
been made based on an approved mineral report. The conveyance document 
will be issued subject to all valid existing rights and reservations of 
record. The parcels will be sold by competitive sale at not less than 
the appraised market value, as approved by the Department of the 
Interior, Appraisal Services Directorate. The properties are described 
as follows and include the appurtenant encumbrances:
    Parcel 1, La Pine, 120 acres, BLM Serial Number OR-65290, 
Willamette Meridian, Oregon, T. 21 S., R. 10 E., Section 34, SW\1/
4\SE\1/4\, E\1/2\SE\1/4\; TL4400. The address for this timbered parcel 
is 52450 Meadow Lane, La Pine. It has a county-approved partition plat 
and is recognized by the county as a legal lot of record with permitted 
access

[[Page 26992]]

to the adjacent county road. It has county approval for an onsite 
wastewater treatment system and is zoned by the county for residential 
development. This parcel is in a rural residential neighborhood near 
the community of La Pine with paved, county road frontage on two sides 
and utilities along the property lines. Encumbrances include rights-of-
way to: (1) Deschutes County for Burgess Road and Meadow Lane 
serialized OR-51362; (2) Mid-State Electric Cooperative, Inc. for 
aerial electric distribution lines serialized OR-66111; and (3) Qwest 
Corporation for buried telephone cable serialized OR-66112.
    Parcel 2, La Pine, 80 acres, BLM Serial Number OR-65330, Willamette 
Meridian, Oregon, T. 21 S., R. 10 E., Section 33, W\1/2\SE\1/4\; TL 
4000. This timbered property is zoned by the county as Forestry, F-2. 
It is recognized by the county as a legal lot of record with potential 
for development. This parcel is in a rural residential neighborhood 
near the community of La Pine with legal access provided by county 
roads and utilities to the property line.
    Parcel 3, Bend North, 40 acres, BLM Serial Number OR-65379, 
Willamette Meridian, Oregon, T. 16 S., R. 12 E., Section 34, SE\1/
4\NE\1/4\; TL 100. This parcel is recognized by the county as a legal 
lot of record with potential for development. Encumbrances include 
rights-of-way to: (1) The Burlington Northern Santa Fe Railway Company, 
authorized by the Act of March 3, 1875, serialized TD-05864; (2) Pilot 
Butte Irrigation District (currently the Central Oregon Irrigation 
District) for an irrigation canal right-of-way, serialized TD-02036; 
(3) Pacific Power for a 115KV electrical transmission line serialized 
OR-17337; (4) Quantum Communications, LLC, for an underground fiber 
optic cable serialized OR-54822; and, (5) an Easement Deed to the 
Oregon Department of Transportation for Highway 97 serialized OR-45850.
    Parcel 4, Redmond, Yucca Avenue, 80 acres, BLM Serial Number OR-
65343, Willamette Meridian, Oregon, T. 14 S., R. 12 E., Section 34, 
E\1/2\SE\1/4\; TL 4100. This parcel is recognized by the county as a 
legal lot of record with potential for development. There is county 
road frontage along Yucca Avenue with the south right-of-way line 
coincident with the north line of this property. Northwest (NW) 83rd 
Street was dedicated to the public as a 60-foot-wide right-of-way and 
has been accepted as a public road. According to the County Surveyors' 
Office, the west right-of-way line of NW 83rd may be coincident with 
the east line of the subject tax lot, depending on the interpretation 
of the original deed.
    Parcel 5, West Redmond, 320 acres, BLM Serial Number OR-65758, 
Willamette Meridian, Oregon, T. 15 S., R. 12 E., Section 2, SW\1/4\NE1/
4, N\1/2\SW\1/4\, SW\1/4\SW\1/4\; T. 15 S., R. 12 E., Section 3, SE\1/
4\NW\1/4\, N\1/2\SE\1/4\; T. 15 S., R. 12 E., Section 11, NW\1/4\NW\1/
4\. This parcel is recognized by the county as a legal lot of record 
with potential for development. The property has paved county road 
frontage in three locations and is adjacent to rural residential and 
agricultural areas. It is characterized as mature, juniper woodland 
offering panoramic mountain vistas. Encumbrances include rights-of-way 
to: (1) Deschutes County for Tetherow Road or 74th Street, serialized 
OR-51362; (2) Central Electric Cooperative, Inc. for a power line 
adjacent to Tetherow Road serialized OR-45343.
    No representation, warranty, or covenant of any kind, express or 
implied, is given or made by the United States as to access to or from 
any parcel of land, the title, whether or to what extent the land may 
be developed, its physical condition, present or potential uses, or any 
other circumstance or condition. 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. The 
following rights, reservations, and conditions will be included in all 
of the conveyance documents for the subject parcels:
    a. A right-of-way for ditches and canals constructed by authority 
of the United States pursuant to the Act of August 30, 1890 (43 U.S.C. 
945);
    b. A condition that the conveyance be subject to all valid existing 
rights of record;
    c. The purchaser/patentee, by accepting a patent, covenant and 
agree 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 or nature arising from the past, 
present, and future acts or omissions of the patentee or their 
employees, agents, contractors, or lessees, or any third party, arising 
out of or in connection with the patentees' use, occupancy, or 
operations on the patented real property. This indemnification and hold 
harmless agreement includes, but is not limited to, acts and omissions 
of the patentee and their employees, agents, contractors, or lessees, 
or any third party, arising out of or in connection with the use and/or 
occupancy of the patented real property which has already resulted or 
does hereafter result in: (1) Violations of Federal, State, and local 
laws and regulations that are now or may in the future become, 
applicable to the real property; (2) Judgments, claims, or demands of 
any kind assessed against the United States; (3) Costs, expenses, or 
damages of any kind incurred by the United States; (4) Releases or 
threatened releases of solid or hazardous waste(s) and/or hazardous 
substances(s), as defined by Federal or State environmental laws, off, 
on, into, or under land, property and other interests of the United 
States; (5) Activities by which solid waste or hazardous substances or 
waste, as defined by Federal and State environmental laws are 
generated, released, stored, used or otherwise disposed of on the 
patented real property, and any cleanup response, remedial action or 
other actions related in any manner to said solid or hazardous 
substances or wastes; or (6) Natural resource damages as defined by 
Federal and State law. This covenant shall be construed as running with 
the parcels of land patented or otherwise conveyed by the United 
States, and may be enforced by the United States in a court of 
competent jurisdiction; and
    d. Additional terms and conditions that the authorized officer 
deems appropriate. On May 13, 2010, the above-described lands will be 
segregated from all forms of appropriation under the public land laws, 
including the mining laws, except the sale provisions of FLPMA. Until 
completion of the sale or termination of the segregation, the BLM 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 May 14, 2012, unless extended by the BLM Oregon/
Washington State Director in accordance with 43 CFR 2711.1-2(d) prior 
to the termination date.
    Federal law requires that public land 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 
lands or interests therein under the laws of the State within which the 
lands are located; or (4) States, State instrumentalities, or political

[[Page 26993]]

subdivisions authorized to hold property. Certifications and evidence 
to this effect will be required of the purchaser prior to issuance of 
conveyance documents.
    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 FLPMA. In addition to the full purchase price, a 
non-refundable 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.
    The FLPMA and its implementing regulations (43 CFR subpart 2710) 
provide that competitive bidding will be the general method of selling 
public lands. The parcels will be sold through an on-line auction 
conducted by the GSA. The auction will begin on or about July 12, 2010, 
via the GSA auction Web site http://www.auctionrp.com. A copy of the 
maps and the Invitation for Bid (IFB) package will be available at the 
BLM Web site http://www.blm.gov/or/districts/prineville/plans/fltfa.php. The IFB contains property information, bidding instructions, 
bidder qualifications, minimum bid values, bid forms, required bid 
deposits, and other sale terms. Copies of the IFB will also be 
available at the BLM Prineville District Office, 3050 NE Third Street, 
Prineville, Oregon. The bid closing date will be determined by bidding 
activity. If parcels are not sold using the on-line Web-based auction, 
a notice may be posted on the GSA Web site, http://www.auctionrp.com, 
directing interested parties to an alternative bidding procedure. The 
parcels will not be sold until at least July 12, 2010. Comments, 
including names, street addresses, and other contact information of 
respondents will be available for public review during regular business 
hours at the address below. 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.
    Comments will be reviewed by the BLM Prineville District Manager, 
who may sustain, 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.

Deborah Henderson-Norton,
District Manager.

    Authority: 43 CFR 2711.1-2.

[FR Doc. 2010-11483 Filed 5-12-10; 8:45 am]
BILLING CODE 4310-33-P