B26_SQA_26Q0291-A1_(FINAL)_0001.pdf
PDF 119 KB Posted
- Solicitation number
- 140D0426Q0291
About this file
This is a Questions and Answers amendment attachment for solicitation 140D0426Q0291. The document addresses a single question regarding the applicability of a March 25, 2013 Presidential Proclamation establishing the First State National Monument, which withdrew federal lands from sale, leasing, and other disposition under public land laws. The question seeks clarification on whether contract appraisers should assume that valid existing lease rights remain enforceable or whether the proclamation prohibition on leasing applies to the valuation assignment.
The Government's response clarifies that the current lease was executed after the proclamation date and remains in effect. The Government specifies that contract appraisers are tasked solely with providing an estimate of market rent for lease renegotiation purposes and are not responsible for determining whether the National Park Service (NPS) is legally permitted to lease the property. This response establishes that appraisers should proceed with market rent valuation work without regard to the legal permissibility of leasing under the proclamation.
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| File | Type | Posted |
|---|---|---|
| Sol_140D0426Q0291_Amd_0001.pdf | ||
| Sol_140D0426Q0291.pdf |
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Text version
Amendment Attachment 001 Questions and Answers
Solicitation – 140D0426Q0291
Question No. Question Government Response
1 Question Context: The question has to do with how we are to handle a Presidential Proclamation by President Barack Obama which was issued on March 25, 2013 regarding the First State National Monument. The most important part (for market rent purposes) of the Proclamation is as follows in italics (my bold for emphasis):
All Federal lands and interests in lands within the boundaries of the monument are hereby appropriated and withdrawn from all forms of entry, location, selection, sale, leasing, or other disposition under the public land laws, including withdrawal from location, entry, and patent under the mining laws, and from disposition under all laws relating to mineral and geothermal leasing.
The establishment of the monument is subject to valid existing rights. Lands and interests in lands within the monument boundaries not owned or controlled by the United States shall be reserved as part of the monument upon acquisition of ownership or control by the United States.
The President of the United States (in 2013) essentially said that the property can’t be sold and it can’t be leased.
The purpose of our valuation work is to opine on market rent for lease renegotiation purposes (which, on the surface, would seem to violate the Presidential Proclamation) but the Proclamation appears to provide an “out” (for lack of a better term) if the properties are currently leased (the aforementioned “rights”).
Question: Do we assume that those “rights” (the rights to lease) are still valid or do we assume that the Presidential Proclamation is not in effect?
The current lease was executed well after the date of this proclamation and is still in effect today. The contract appraiser is simply tasked with providing an estimate of market rent. They are not tasked with determining if NPS is permitted to lease the property.
File details come from the government source that posted it. Updated .