[Federal Register Volume 75, Number 246 (Thursday, December 23, 2010)]
[Notices]
[Pages 80839-80841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32313]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLORE010000-10-L61400000HN-LXLAH99000-HAG10-0311]
Notice of Realty Action: Direct Sale of Public Lands in Lane
County, OR
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Realty Action.
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[[Page 80840]]
SUMMARY: The Bureau of Land Management (BLM) has examined a 1.51 acre
parcel of public land in Blachley, Oregon, and has found it suitable
for disposal using direct (non-competitive) sale procedures.
DATES: All comments must be received in writing by the BLM on or before
February 7, 2011.
ADDRESSES: Mail all written comments concerning this notice to William
Hatton, BLM, Siuslaw Resource Area Manager, Eugene District Office,
P.O. Box 10226, Eugene, Oregon 97440.
FOR FURTHER INFORMATION CONTACT: Cheryl Adcock, Realty Specialist, at
the above address or phone (541) 683-6145.
SUPPLEMENTARY INFORMATION: The authority for the sale is under Sections
203 and 209 of the Federal Land Policy and Management Act of 1976
(FLPMA), 43 U.S.C. 1713 and 1719.
The sale parcel is located in Lane County, Oregon, in Section 11,
less than \1/4\ mile north of Oregon State Highway 36 and is described
as follows.
Willamette Meridian
T. 16 S., R. 7 W.,
Sec. 11, lot 2.
The area described contains 1.51 acres, more or less, in Lane
County.
This parcel of public land is proposed for sale to Jon F. Tomas and
Ann E. Lyon at no less than the appraised fair market value (FMV),
which has been determined to be $11,100, as determined by the
authorized officer after appraisal. An appraisal report has been
prepared by a Review Appraiser of the Northwest Region of the Office of
Valuation Services for the purposes of establishing the FMV.
Consistent with Section 203 of FLPMA, a tract of public land may be
sold where, as a result of approved land use planning, the sale of the
tract meets the disposal criteria of that section. The land described
above is identified as suitable for disposal in the BLM Eugene District
Resource Management Plan (RMP) approved June 1995, as amended by the
RMP Amendment with Environmental Assessment (EA) for Proposed Hancock
Land Exchange (EA OR-090-97-42), dated May 1998, and the Land Tenure
Adjustment: Proposed Plan Amendment, Hancock Land Exchange and Finding
of No Significant Impact for the Eugene RMP, approved August 1998. The
proposed disposal action is consistent with the objectives, goals, and
decisions of the RMP.
The disposal (sale) of the parcel would serve an important public
objective by resolving the management costs of an inadvertent
unauthorized use of the public lands. As such, these lands meet the
criteria under 43 CFR 2710.0-3(a)(3) which states ``Such tract, because
of its location or 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.'' The sale of these
lands meets the criteria under 43 CFR 2711.3-3(a)(4) and (5), direct
sale, to be used where necessary to protect existing equities in the
land, to resolve adjoining ownership pattern and access; and to resolve
inadvertent unauthorized use and occupancy of the lands. A small
portion of the subject parcel contains Mr. Tomas' and Ms. Lyon's front
porch. The subject parcel is being used for a driveway, yard, and a
well house. A competitive sale is therefore not appropriate and the
public interest would be best served by a direct sale. The size of the
unauthorized use has been reduced to the smallest aliquot part
identified through development of a supplemental plat. These lands are
not required for Federal purposes and no significant resource values
will be affected by this disposal. The BLM prepared a Determination of
National Environmental Policy Act Adequacy (DOI-BLM-OR-E050-2010-0006-
DNA) that was approved on April 14, 2010. There was extensive public
involvement opportunity in the development of the BLM Eugene District's
Land Tenure Adjustment: Proposed Plan Amendment, Hancock Land Exchange
and Finding of No Significant Impact for the Eugene Resource Management
Plan (RMP), approved August 1998 and the associated RMP Amendment with
EA for Proposed Hancock Land Exchange (EA OR-090-97-42), dated May
1998. The Determination of NEPA Adequacy (DOI-BLM-OR-E050-2010-0006-
DNA), EA (EA OR-090-97-42), Decision Record, map, and approved
appraisal report covering the proposed sale, are available for review
at the BLM Eugene District Office.
Minerals for this parcel will be conveyed simultaneously with the
surface under the authority of FLPMA Section 209(b)(1) and in
accordance with BLM's approved Mineral Potential Report Dated September
21, 2009. Mr. Tomas and Ms. Lyon will be required to pay a $50
nonrefundable filing fee for the conveyance of the available mineral
interests. Information pertaining to the conveyance of minerals
specific to the parcel is located in the case file and available for
public review at the BLM Eugene District Office.
Publication of this Notice of Realty Action in the Federal Register
segregates the subject lands from all forms of appropriation under the
public land laws, including the general mining and mineral leasing
laws, except the sale provisions of the FLPMA. Upon publication of this
Notice of Realty Action and until completion of the sale, the BLM is no
longer accepting land use applications affecting the identified public
land, except applications for the amendment of previously filed right-
of-way applications or existing authorizations. The segregation will
terminate upon issuance of the patent or other document of conveyance
to such lands, upon publication in the Federal Register of a
termination of the segregation, or December 24, 2012, whichever occurs
first, unless extended by the BLM State Director in accordance with 43
CFR 2711.1-2(d) prior to the termination date. The land will not be
sold until at least 60 days after the date of publication of this
notice in the Federal Register.
Terms and Conditions of Sale:
The patent issued would contain the following rights, reservations,
covenant, terms and conditions:
1. A reservation to the United States for a right-of-way for
ditches and canals constructed by the authority of the United States,
Act of August 30, 1890 (43 U.S.C. 945);
2. The sale parcel will be subject to all valid existing rights of
record at the time of conveyance;
3. The patentees, by accepting patent, 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 arising from the past, present, or future acts or omissions of the
patentees, their employees, agents, contractors, lessees, or any third
party arising out of or in connection with the patentees' use,
occupancy, or operations on the patented real property resulting in:
(a) Violations of Federal, State, and local laws and regulations that
are now, or in the future become, applicable to the real property; (b)
Judgments, claims, or demands of any kind assessed against the United
States; (c) Costs, expenses, or damages of any kind incurred by the
United States; (d) Releases or threatened releases of solid or
hazardous waste(s) and/or hazardous substance(s), pollutant(s) or
containment(s), and/or petroleum product or derivative of a petroleum
product, as defined by Federal and State environmental laws, off, on,
into, or under land, property, and other interests of the United
States; (e) Other activities by which solid or hazardous substance(s),
pollutant(s) or contaminant(s), and/or petroleum product or derivative
of a petroleum product, or waste(s), as defined by Federal and State
environmental laws,
[[Page 80841]]
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
substance(s) or waste(s), pollutant(s) or contaminant(s), and/or
petroleum product or derivative of a petroleum product; or (f) 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;
and
4. Pursuant to the requirements established by Section 120(h) of
the Comprehensive Environmental Response, Compensation and Liability
Act, (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 land has been examined and no evidence was
found to indicate that any hazardous substances had been stored for one
year or more, nor had any hazardous substances been disposed of or
released on the subject property. 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, and the conveyance of any such parcel
will not be on a contingency basis. It is the buyer's responsibility to
be aware of all applicable Federal, State, and local government
policies and regulations that would affect the subject land. It is also
the buyer's responsibility to be aware of existing or prospective uses
of nearby properties. Any land lacking access from a public road or
highway will be conveyed as such, and future access acquisition will be
the responsibility of the buyer. 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 2720.0-6 and 2720.2(a).
Acceptance of the sale offer will constitute an application for
conveyance of those unreserved mineral interests.
Detailed information concerning the sale, including the
reservations, sale procedures and conditions, appraisal, planning and
environmental documentation, is available for review at the BLM Eugene
District Office, 3106 Pierce Parkway, Suite E, Springfield, Oregon
97477.
In the absence of any objections, this realty action will become
the final determination of the Department of the Interior.
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.
(Authority: 43 CFR 2711.1-2(a))
Charles Fairchild,
Acting Field Manager, Siuslaw Resource Area.
[FR Doc. 2010-32313 Filed 12-22-10; 8:45 am]
BILLING CODE 4310-33-P