[Federal Register Volume 76, Number 23 (Thursday, February 3, 2011)]
[Notices]
[Pages 6154-6155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2362]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCAC09000 L58740000.EU0000.LXSS008B0000; CACA 50168 06]
Notice of Realty Action: Modified Competitive Bid Sale of Public
Lands in Santa Cruz County, CA
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of realty action.
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SUMMARY: The Bureau of Land Management (BLM) Hollister Field Office
proposes to sell a parcel of public land consisting of approximately
12.55 acres in Santa Cruz County, California, for not less than the
appraised fair market value of $53,000. The sale will be conducted as a
modified competitive bid auction, whereby only the adjoining landowners
would have the opportunity to submit written sealed bids to purchase
the public land.
DATES: Written comments regarding this proposed sale must be received
by the BLM on or before March 21, 2011. The adjoining landowners have
until 3 p.m. Pacific Standard Time April 4, 2011 to submit sealed bids
to the BLM Hollister Field Office at the address listed below. Sealed
bids will be opened on April 5, 2011, which will be the sale date.
ADDRESSES: Written comments concerning the proposed sale should be sent
to the Field Manager, BLM, Hollister Field Office, 20 Hamilton Court,
Hollister, California 95023. Sealed bids must also be submitted to this
address.
FOR FURTHER INFORMATION CONTACT: Christine Sloand, Realty Specialist,
BLM, Hollister Field Office, 20 Hamilton Court, Hollister, California
95023, or phone (831) 630-5022.
SUPPLEMENTARY INFORMATION: The following public land is proposed for
sale in accordance with Sections 203 and 209 of the Federal Land Policy
and Management Act (FLPMA) of 1976, as amended (43 U.S.C. 1713 and
1719):
Mount Diablo Meridian
T. 10S., R. 2E.,
Sec. 20, lots 1, 2, and 9.
The area described contains 12.55 acres, more or less, in Santa
Cruz County.
The public land was originally identified as suitable for disposal
in the 1984 BLM Hollister Resource Management Plan (RMP) and remains
available for sale under the 2007 Hollister RMP revision, and is not
needed for any other Federal purpose. The public land proposed for sale
lacks legal access and is isolated from other public lands. The BLM's
purpose in selling the land is to dispose of land that is difficult and
uneconomic to manage as part of the public lands. The BLM proposes to
limit bidding to the adjoining landowners because the land lacks legal
access and has no utility except to be used as part of an adjoining
parcel. The BLM's objective in limiting bidding to the adjoining
landowners is to encourage the assemblage of the public land with an
adjoining parcel of private land, which is the highest and best use of
the public land according to an appraisal approved by the Department of
the Interior Office of Valuation Services. Under the regulations 43 CFR
2711.3-2, the BLM may limit bidding to certain persons when the
authorized officer determines it is necessary to recognize equitable
considerations or public policies. In this case, the BLM believes that
it is good public policy to promote the assemblage of the public land
with adjoining private land because that is the highest and best use of
the public land and it is equitable to provide each adjoining landowner
an opportunity to purchase the public land. There are three landowners
adjoining the public land; Mr. and Mrs. Burch, Mr. and Mrs. Bradford
and Mr. and Mrs. Reid. The BLM has completed a mineral potential report
which concluded there are no known mineral values in the land proposed
for sale. The proposed sale would include the conveyance of both the
surface and mineral interests of the United States.
On February 3, 2011, the above described land will be segregated
from appropriation under the public land laws, including the mining
laws, except for the sale provisions of the FLPMA. The BLM will no
longer accept land use applications affecting the identified public
lands, except applications for the amendment of previously filed right-
of-way applications or existing authorizations to increase the term of
the grants in accordance with 43 CFR 2802.15 and 2886.15. The temporary
segregation will terminate upon issuance of a patent, publication in
the Federal Register of a termination of the segregation, or on
February 4, 2013, unless extended by the BLM State Director in
accordance with 43 CFR 2711.1-2(d) prior to the termination date. The
land would not be sold until at least April 4, 2011. Any patent issued
would contain the following terms, conditions, and reservations:
1. A reservation of a right-of-way to the United States 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 condition that the conveyance be subject to all valid existing
rights of record;
3. An appropriate indemnification clause protecting the United
States from claims arising out of the patentee's use, occupancy, or
operations on the patented lands;
4. Additional terms and conditions that the authorized officer
deems appropriate.
The BLM will send the adjoining landowners of record an Invitation
For Bid (IFB). Adjoining landowners must follow the instructions in the
IFB to participate in the bidding process. Sealed bids must be for not
less than the Federally approved fair market value of $53,000. Each
sealed bid must include a certified check, money order, bank draft, or
cashier's check made payable in U.S. dollars to the Bureau of Land
Management, for 10 percent of the amount of the bid. A bid to purchase
the land will constitute an application for conveyance of the Federal
mineral interest, and in conjunction with the final payment, the
purchaser will be required to pay a $50 nonrefundable filing fee for
the conveyance of the mineral interests. If more than one sealed bid is
submitted for the same high bid amount, the high bidders will be
notified and allowed to submit
[[Page 6155]]
additional sealed bids. The highest qualifying bid will be declared the
high bid and the high bidder will receive written notice. The BLM will
return checks submitted by unsuccessful bidders by U.S. mail or in
person on the day of the sale. The successful bidder must submit the
remainder of the full bid price prior to the expiration of 180 days
from the date of the sale, in the form of a certified check, money
order, bank draft, or cashier's check made payable in U.S. dollars to
the Bureau of Land Management. Personal checks will not be accepted.
Failure to submit the full bid price prior to, but not including the
180th day following the day of the sale, will disqualify the apparent
high bidder and cause the entire bid deposit to be forfeited to the
BLM. No exceptions will be made. The BLM may accept or reject any or
all offers, or withdraw the land from sale, if, in the opinion of the
BLM authorized officer, consummation of the sale would not be fully
consistent with the FLPMA or other applicable law or is determined to
not be in the public interest.
Under Federal law, the public lands may only be conveyed to U.S.
citizens 18 years of age or older; a corporation subject to the laws of
any State or of the United States; a State, State instrumentality, or
political subdivision authorized to hold property, or an entity legally
capable of conveying and holding lands under the laws of the State of
California. If not sold, the land described in this Notice may be
identified for sale later without further legal notice and may be
offered for sale by sealed bid, Internet auction, or oral auction. In
order to determine the value, through appraisal, of the land proposed
to be sold, certain extraordinary assumptions may have been made of 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 gives notice that these assumptions
may not be endorsed or approved by units of local government. It is the
buyer's responsibility to be aware of all applicable local government
policies, laws, and regulations that would affect the subject lands,
including any required dedication of lands for public uses. It is also
the buyer's responsibility to be aware of existing or projected uses of
nearby properties. When conveyed out of Federal ownership, the lands
will be subject to any applicable reviews and approvals by the
respective unit of local government for proposed future uses, and any
such reviews and approvals will be the responsibility of the buyer.
Detailed information concerning the proposed land sale including the
sale procedures and conditions, appraisal, planning and environmental
documents, and a mineral report are available for review at the
location identified in ADDRESSES above.
Public Comments regarding the proposed sale may be submitted in
writing to the attention of the BLM Hollister Field Manager (see
ADDRESSES above) on or before March 21, 2011. Comments received in
electronic form, such as e-mail or facsimile, will not be considered.
Any adverse comments regarding the proposed sale will be reviewed by
the BLM State Director or other authorized official of the Department
of the Interior, who may sustain, vacate, or modify this realty action
in whole or in part. In the absence of timely filed objections, this
realty action will become the final determination of the Department of
the Interior.
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, be advised 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 from public review your personal identifying
information, we cannot guarantee that we will be able to do so.
Authority: 43 CFR 2711.1-2(a) and (c).
Karla Norris,
Associate Deputy State Director, Natural Resources.
[FR Doc. 2011-2362 Filed 2-2-11; 8:45 am]
BILLING CODE 4310-40-P