[Federal Register Volume 66, Number 150 (Friday, August 3, 2001)]
[Notices]
[Pages 40716-40717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19499]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-040-1430-EU-040F]


Notice of Realty Action: Competitive/Modified Competitive Sale of 
Public Lands

AGENCY: Bureau of Land Management.

ACTION: Competitive/Modified Competitive Sale of Public Lands in 
Lincoln County, Nevada.

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SUMMARY: The below listed public land in Lincoln County, Nevada has 
been designated for disposal under Public Law 106-298, the Lincoln 
County Land Act of 2000. It will be sold competitive/modified 
competitive in accordance with Section 203 and Section 209 of the 
Federal Land Policy and Management Act of 1976 (90 Stat. 2750, 43 
U.S.C. 1713, 1719, and 1740) (FLPMA) at not less than fair market value 
(FMV).

DATES: On or before September 17, 2001, interested parties may submit 
comments to the Assistant Field Manager, Ely Field Office.

ADDRESSES: Written comments should be addressed to: Bureau of Land 
Management, Jeffrey A. Weeks, Assistant Field Manager, HC 33 Box 33500, 
Ely, Nevada 89301-9408.

FOR FURTHER INFORMATION CONTACT: Detailed information concerning the 
sale, including the reservations, sale procedures and conditions, 
planning and environmental documents, are available at the Ely Field 
Office of the Bureau of Land Management, at 702 North Industrial Way, 
Ely, Nevada 89301, or by calling Kevin Finn at (775) 289-1849. In 
addition, information may be obtained by calling the General Services 
Office in San Francisco at (415) 522-3428 or by e-mail to 
[email protected]. Some, but not all information, will be available 
on the Internet at http://www.nv.blm.gov.

SUPPLEMENTARY INFORMATION: The following described parcels of land 
situated in Lincoln County, Nevada are being offered as a competitive/
modified competitive sale.

Mount Diablo Meridian, Nevada

PARCEL 1 N-74934 located at:
T. 12 S., R. 71 E., sec. 33, lots 1,3,
T. 12 S., R. 71 E., sec. 34, lot 8.
    Containing 112.22 acres more or less.
PARCEL 2 N-74587 located at:
T. 12 S., R. 71 E., sec. 33, lots 2, 4, 5,
T. 12 S., R. 71 E., sec. 34, lot 9.
    Containing 14.59 acres more or less.

    The above legal descriptions are subject to minor adjustments upon 
final approval of the official plats of survey, which will also provide 
a new legal description for these land parcels. If the land is sold, 
conveyance of the locatable mineral interests being offered have no 
known mineral value. Acceptance of a sale offer will constitute an 
application for conveyance of those mineral interests. The applicant 
will be required to pay a $50.00 non-refundable filing fee in 
conjunction with the final payment for processing of the conveyance of 
the locatable mineral interests. The terms and conditions applicable to 
the sale are as follows:
    1. All leaseable and saleable mineral deposits are reserved on land 
sold; permittees, licenses, and licensees, and lessees, retain the 
right to prospect for, mine, and remove the minerals owned by the 
United States under applicable law and any regulations that the 
Secretary of the Interior may prescribe, including all necessary access 
and exit rights.
    2. A right-of-way is reserved for ditches and canals constructed by 
authority of the United States under the Act of August 30, 1890 (43 
U.S.C. 945).
    3. All land parcels are subject to all valid and existing rights. 
Encumbrances of record are available for review during business hours, 
7:30 to 4:30 p.m., Monday through Friday, at the Bureau of Land 
Management, Ely Field Office, 702 North Industrial Way, Ely, Nevada.
    4. The parcels are subject to reservations for roads, public 
utilities and flood control purposes, both existing and proposed, in 
accordance with the local governing entities' Transportation Plans.
    5. The high bidder will be required to sign a Development Agreement 
and Reconveyance Agreement within 30 days of the oral auction. The 
Development Agreement is to assure organized and planned development, 
and to assure a Master Plan submission to Lincoln County by the high 
bidder within 6 months of the auction. The Reconveyance Agreement is 
for the purpose of assuring compliance with the need for roads, school 
sites, and other public facilities. The Reconveyance Agreement will 
require at least 23% of the total acreage within the parcel to be 
transferred to Lincoln County for public purposes.
    6. All purchasers/patentees, by accepting a patent, agree to 
indemnify, defend, and hold harmless the United States from any costs, 
damages, claims, causes of action, penalties, fines, liabilities, and 
judgements 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

[[Page 40717]]

with, the patentee's use, occupancy, or operations of the patented real 
property. The 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) Violation of federal, state, and local laws and regulations that 
are now, or may in the future become, applicable to the real property: 
(2) Judgements, 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) or threatened releases of solid or hazardous 
waste(s) and/or hazardous substance(s), as defined by federal or state 
environmental laws; off, on, into or under land, property and other 
interests of the United States; (5) Other activities by which solids or 
hazardous substances or wastes, 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 resources 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.
    The appraisal report for the parcels will be available for public 
review at the BLM's Ely Field office on or before August 10, 2001. Bids 
at the oral auction must be for not less than appraised fair market 
value (FMV).
    The parcels will be offered for competitive/modified competitive 
sale by oral auction beginning at 10:00 a.m. PDT, September 18, 2001, 
at the Mesquite City Hall, 10 East Mesquite Blvd., Mesquite, Nevada. 
Registration for oral bidding will begin at 8:00 a.m. the day of sale 
and will continue throughout the auction. All bidders are required to 
register.
    The highest qualifying bid for parcel 1 (N-74934) will be declared 
the high bid. The apparent high bidder must submit the required bid 
deposit immediately following the close of the sale in the form of 
cash, personal check, bank draft, cashiers check, money order, or any 
combination thereof, made payable to the Bureau of Land Management, for 
not less than 20 percent of the amount bid.
    The remainder of the full bid price must be paid within 180 
calendar days of the date of sale. Failure to pay the full price within 
the 180 days will disqualify the apparent high bidder and cause the bid 
deposit to be forfeited to the BLM.
    Parcel number 2 (N-74587) will be offered for sale under Modified 
Competitive procedures at no less than estimated fair market value 
(FMV) or at the cost per acre established by the oral auction of parcel 
1 (N-74934), whichever is greater. Parcel number 2 (N-74587) will be 
sold under these procedures in order to resolve a trespass. The party 
in trespass may purchase the trespass parcel based upon the above 
procedure. If the trespass party purchases parcel 2 under the above 
procedures, the full sale price will be immediately due the day of 
sale. Federal law requires that bidders must be 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, including but 
not limited to associations or partnerships, capable of holding 
property or interests therein under the law of the State of Nevada. 
Certification of qualification, including citizenship or corporation or 
partnership, must accompany the bid deposit. In order to determine the 
fair market value of the subject public lands through appraisal, 
certain assumptions have been made on 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 
Bureau of Land Management gives notice that these assumptions may not 
be endorsed or approved by units of local government. Furthermore, no 
warranty of any kind shall be given or implied by the United States as 
to the potential uses of the lands offered for sale; conveyance of the 
subject lands will not be on a contingency basis. It is the buyers' 
responsibility to be aware of all applicable local government policies 
and regulations that would affect the subject lands. It is also the 
buyer's responsibility to be aware of existing and potential uses for 
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 would be the responsibility of the buyer. 
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. For a period of 45 days from the date of publication of this 
notice in the Federal Register, the general public and interested 
parties may submit comments to Jeffrey A. Weeks, Assistant Field 
Manager, Ely Field Office, HC 33 Box 33500, Ely, Nevada 89301-9408. Any 
adverse comments will be reviewed by the Nevada State Director, who may 
sustain, vacate, or modify this realty action. In the absence of any 
adverse comments, the realty action will become the final determination 
of the Department of the Interior. The Bureau of Land Management may 
accept or reject any or all offers, or withdraw any land or interest in 
the land from sale, if, in the opinion of the authorized officer, 
communication of the sale would be fully consistent with FLPMA or other 
applicable laws or is determined not in the public interest. Any 
comments received during this process, as well as the commentor's name 
and address, will be available to the public in the administrative 
record and/or pursuant to the Freedom of Information Act request. You 
may indicate for the record that you do not wish your name and/or 
address made available to the public. Any determination by the Bureau 
of Land Management to release or withhold the names and/or addresses of 
those who comment will be made on a case-by-case basis. A commentor's 
request to have their name and/or address withheld from public release 
will be honored to the extent permissible by law.
    Lands will not be offered for sale until at least 60 days after the 
date of publication of this notice in the Federal Register.

    Dated: July 9, 2001.
Jeffrey A. Weeks,
Assistant Field Manager, Nonrenewable Resources.
[FR Doc. 01-19499 Filed 8-2-01; 8:45 am]
BILLING CODE 4310-HC-P