81 FR 3465 - Notice of Realty Action: Proposed Competitive Sealed-Bid, Oral Auction Sale and Segregation of Public Land in Owyhee County, ID

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 81, Issue 13 (January 21, 2016)

The Bureau of Land Management (BLM) proposes to offer a parcel of public land totaling 120.84 acres in Owyhee County, Idaho, by competitive sealed-bid and oral auction sale for a price not less than the fair market value (FMV) of $ 77,000. The sale will be subject to applicable provisions of Section 203 of the Federal Land Policy and Management Act (FLPMA) of 1976, as amended, and applicable BLM regulations.

[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Notices]
[Pages 3465-3467]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01188]



[[Page 3465]]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[15X.LLID990000 L14400000.EU0000 LXSSD0190000 241A 4500057150; IDI-
37482]


Notice of Realty Action: Proposed Competitive Sealed-Bid, Oral 
Auction Sale and Segregation of Public Land in Owyhee County, ID

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Land Management (BLM) proposes to offer a parcel 
of public land totaling 120.84 acres in Owyhee County, Idaho, by 
competitive sealed-bid and oral auction sale for a price not less than 
the fair market value (FMV) of $ 77,000. The sale will be subject to 
applicable provisions of Section 203 of the Federal Land Policy and 
Management Act (FLPMA) of 1976, as amended, and applicable BLM 
regulations.

DATES: Submit written comments via email, hand delivery, or mail. 
Comments must be received by the BLM Boise District Office on or before 
March 7, 2016. The period to submit sealed-bids and the sale date will 
be no earlier than March 21, 2016, which will be a minimum of 30 days 
prior to the sale date, through publication in a local newspaper, 
online media, and by mail to interested parties who submit a written 
request for information regarding the sale. The BLM must be in receipt 
of your request for information by the deadline for submission of 
written comments. The sale date will be no earlier than April 20, 2016.

ADDRESSES: Submit written comments concerning this notice to BLM Boise 
District, 3948 Development Avenue, Boise, ID 83705. Email comments to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Jeremy Bluma, Realty Specialist, 208-
384-3348, or email [email protected]. Persons who use a telecommunications 
device for the deaf (TDD) may call the Federal Information Relay 
Service (FIRS) at 1-800-877-8339 to contact Mr. Bluma. The FIRS is 
available 24 hours a day, 7 days a week, to leave a message or question 
with Mr. Bluma. You will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION: The BLM proposes to offer the following 
parcel of public land for a competitive sale:

Boise Meridian, Idaho

T. 1 S., R. 3 W.,
    Sec. 11, lots 1 through 3.

    The area described contains 120.84 acres.

    The map delineating the sale parcel is available for public review 
at the Boise District Office. The lands are not suitable for management 
by other Federal agencies. A mineral potential report concludes that 
the sale parcel has known mineral values; therefore, the mineral estate 
will be reserved to the United States pursuant to 43 CFR 2720.0-6. The 
competitive sale is consistent with the 1999 Owyhee Resource Management 
Plan (RMP), Record of Decision, dated, December 30, 1999. The sale 
parcel conforms to the RMP decision ``Land 2,'' and the land is 
suitable for sale under the authority of Section 203 of FLPMA in the 
approved RMP.
    Upon publication of this Notice in the Federal Register the subject 
land is segregated from all forms of appropriation under the public 
land laws, including the mining laws, except for the sale provisions of 
FLPMA.
    This segregative effect will terminate upon issuance of a patent, 
publication in the Federal Register of a termination of the segregation 
or January 22, 2018, unless extended by the BLM Idaho State Director in 
accordance with 43 CFR 2711.1-2(d) prior to the termination date.
    Until completion of the sale, the BLM will no longer accept land 
use applications affecting the sale parcel, except applications for the 
amendment of previously filed right-of-way (ROW) applications or 
existing authorizations to increase the term of the grants in 
accordance with 43 CFR 2807.15 and 2886.15.
    Prior to patent issuance, the BLM will notify valid existing right-
of-way holder of record of their ability to convert their existing ROW 
to a new term, including perpetuity, if applicable, or conversion to an 
easement. In accordance with Federal regulations at 43 CFR 2807.15, 
once notified, each valid holder may apply for the conversion of their 
current authorization. The conveyance document would be subject to the 
following terms, covenants, conditions, and reservations:
    1. A reservation to the United States of a ROW for ditches and 
canals constructed by authority of the United States under the Act of 
August 30, 1890 (43 U.S.C. 945);
    2. A reservation to the United States of all minerals, together 
with the right to prospect for, mine, and remove such deposits from the 
same under applicable law and such regulations as the Secretary of the 
Interior may prescribe;
    3. The parcel will be subject to all valid existing rights;
    4. By accepting patent, the patentee 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 or nature arising from the past, present, and future acts or 
omissions of the patentee, its employees, agents, contractors, or 
lessees, or any third-party, arising out of, or in connection with, the 
patentee's 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, its employees, agents, 
contractors, or lessees, or third party arising out of or in connection 
with the use and/or occupancy of the patented real property resulting 
in: (1) Violations of Federal, State, and local laws and regulations 
applicable to the real property; (2) Judgments, claims or demands of 
any kind assessed against the United States; (3) Costs, expenses, 
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 or hazardous substances or 
wastes, as defined by Federal and State environmental laws were 
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 patented real property, and may be enforced by the United States in 
a court of competent jurisdiction;
    5. Pursuant to the requirements in Section 120(h) of the 
Comprehensive Environmental Response, Compensation and Liability Act 
U.S.C. 9620 (h), notice is hereby given that the sale parcel has been 
examined and no evidence was found to indicate that any hazardous 
substances have been stored for 1 year or more, nor have any hazardous 
substances been disposed of or released on the subject property; and
    6. No warranty of any kind, express or implied, is given by the 
United States or its officers or employees, as to title, access to or 
from the above sale parcel of land, whether or to what extent the land 
may be developed, its physical condition, or past, present, or future 
use, or any other circumstances or condition. The conveyance of any 
such

[[Page 3466]]

parcel will not be on a contingency basis.
    In order to determine the FMV through appraisal, certain 
extraordinary assumptions and hypothetical conditions may be made 
concerning the attributes and limitations of the lands and potential 
effects of local regulations and policies on potential future land 
uses. Through publication of this Notice, the BLM advises that the 
units of local government may not endorse or approve these assumptions.
    Sale Procedures: The parcel will be sold by sealed-bid followed by 
an oral auction. Sealed-bid envelopes must be clearly marked on the 
front lower left corner with: ``SEALED-BID BLM LAND SALE IDI-37482.'' 
Sealed-bids must include 20 percent of the bid amount and their bid 
payment in the form of a certified check, postal money order, bank 
draft, or cashier's check or any combination thereof, and made payable 
in U.S. dollars to the Department of the Interior--Bureau of Land 
Management. Personal or company checks will not be accepted. In 
addition to the deposit, the sealed-bid envelope must contain a 
completed and signed ``Certificate of Eligibility'' form stating the 
name, mailing address, and telephone number of the entity or person 
submitting the bid. Certificate of Eligibility forms are available at 
the BLM Boise District Office at the address listed in the ADDRESSES 
section of this notice.
    Sealed-bids will be opened and recorded on the sale date to 
determine the high bid among the qualified bids received. The highest 
qualified sealed-bid will become the starting point for subsequent oral 
bidding. Any bids in an amount less than the federally approved FMV 
will not be considered. The BLM will send the successful high bidder(s) 
a letter with information regarding full payment.
    All funds submitted with an unsuccessful bid will be returned to 
the bidders or their authorized representative upon presentation of 
acceptable photo identification at the BLM Boise District Office or by 
certified mail. If a bidder defaults on the sale parcel, the BLM may 
retain the bid deposit and cancel the sale of that parcel. If a high 
bidder is unable to consummate the transaction for any other reason, 
the second highest bid at or above the FMV may be considered. If there 
are no acceptable bids, the parcel may remain available for over-the 
counter sale on a continuing basis in accordance with competitive sale 
procedures without further legal notice.
    Federal law requires that bidders must be: (1) United States 
citizens 18 years of age or older; (2) A corporation subject to the 
laws of any State or of the United States; (3) An entity legally 
capable of conveying and holding lands or interests therein under the 
laws of the State of Idaho within which the lands to be conveyed are 
located; or (4) A State, State instrumentality, or political 
subdivision authorized to hold real property. United States citizenship 
is evidenced by presenting a birth certificate, passport, or 
naturalization papers. Failure to submit the above requested documents 
to the BLM within 30 days from receipt of the high-bidder letter shall 
result in cancellation of the sale and forfeiture of the bid deposit.
    No contractual or other rights against the United States may accrue 
until the BLM officially accepts the offer to purchase and the full bid 
price is paid.
    Unless other satisfactory arrangements are approved in advance by a 
BLM authorized officer, conveyance of title shall be through the use of 
escrow. Designation of the escrow agent shall be through mutual 
agreement between the BLM and the prospective patentee, and costs of 
escrow shall be borne by the prospective patentee. Requests for all 
escrow instructions must be received by the BLM Boise District Office 
prior to 30 days before the prospective patentee's scheduled closing 
date. There will be no exceptions.
    All name changes and supporting documentation must be received at 
the BLM Boise District Office by 3 p.m., Mountain Time (MT) no later 
than 30 days from the date noted on the high-bidder letter. Name 
changes will not be accepted after that date. To submit a name change, 
the apparent high bidder must submit the name change in writing on the 
Certificate of Eligibility form to the BLM Boise District Office.
    The remainder of the full bid price for the parcel must be paid no 
later than 3 p.m. MT on the 180th day following the sale date. Payment 
must be submitted in the form of a certified check, U.S. postal money 
order, bank draft, cashier's check, or made available by electronic 
fund transfer made payable in U.S. dollars to the ``Bureau of Land 
Management'' to the BLM Boise District Office. Personal or company 
checks will not be accepted. Arrangements for electronic fund transfer 
to BLM for payment of the balance due must be made a minimum of 2 weeks 
prior to the payment date. The BLM will not accept the remainder of the 
bid price after the 180th day following the sale date. Failure to pay 
the full bid price prior to the expiration of the 180th day will 
disqualify the apparent high bidder and cause the entire bid deposit to 
be forfeited to the BLM. Forfeiture of the bid deposit is in accordance 
with 43 CFR 2711.3-1(d). No exceptions will be made. The BLM cannot 
accept the remainder of the bid price after the 180th day following the 
sale date.
    The BLM will not sign any documents related to 1031 Exchange 
transactions. The timing for completion of an exchange is the bidder's 
responsibility. The BLM cannot be a party to any 1031 Exchange.
    In accordance with 43 CFR 2711.3-1(f), within 30 days following the 
date of the sale, the BLM may accept or reject any or all offers to 
purchase, or withdraw any parcel of land or interest therein from sale 
if, in the opinion of the BLM authorized officer, consummation of the 
sale would be inconsistent with any law, or for other reasons as may be 
provided by applicable laws or regulations. No contractual or other 
rights against the United States may accrue until the BLM officially 
accepts the offer to purchase and the full bid price is paid.
    It is the buyer's responsibility to be aware of all applicable 
Federal, State, and local government laws, regulations and policies 
that may affect the subject lands, including any required dedication of 
lands for public uses. It is the buyer's responsibility to be aware of 
existing or prospective uses of nearby properties. When conveyed out of 
Federal ownership, the lands would be subject to any applicable laws, 
regulations, and policies of the applicable local government for future 
uses. It is the responsibility of the purchaser to be aware through due 
diligence of those laws, regulations, and policies, and to seek any 
local approvals for future uses. Buyers should make themselves aware of 
any Federal or State laws or regulations that may affect the future use 
of the property. Any public land lacking access from a public road or 
highway would be conveyed as such, and future access acquisition would 
be the responsibility of the buyer.
    Information concerning the sale, encumbrances of record, 
appraisals, reservations, sale procedures and conditions, the CERCLA, 
and other environmental documents that may appear in the BLM public 
files for the sale parcel are available for review at the BLM Boise 
District Office during business hours, 8:30 a.m. to 3:30 p.m. MT, 
Monday through Friday, except during Federal holidays.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including any personal identifying 
information--may be made publicly available at any time.

[[Page 3467]]

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. Any adverse comments regarding this sale will be 
reviewed by the Idaho BLM State Director or other authorized official 
of the Department of the Interior, who may sustain, vacate, or modify 
this realty action. In the absence of any adverse comments, this realty 
action will become the final determination of the Department of the 
Interior.

    Authority:  43 CFR part 2710.

Michelle Ryerson,
Field Manager, BLM Owyhee Field Office.
[FR Doc. 2016-01188 Filed 1-20-16; 8:45 am]
 BILLING CODE 4310-GG-P