[Federal Register Volume 66, Number 154 (Thursday, August 9, 2001)]
[Notices]
[Pages 41886-41887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20021]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

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


Notice of Realty Action: Competitive Sale of Public Lands

AGENCY: Bureau of Land Management, Interior.

ACTION: 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. The lands will be offered for competitive sale 
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) at not less that fair market value (FMV). The sale is 
scheduled at public auction on October 12, 2001.

DATES: For a period of 45 days from the date of publication of this 
notice in the Federal Register, interested parties may submit comments 
to the Assistant Field Manager, Nonrenewable Resources, 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]. Additional, but not all information, will be 
available on the Internet at http://www.nv.blm.gov.

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

Mount Diablo Meridian

Parcel A (N-74965)

T. 12 S., R. 71 E.,
    Sec. 16, lots 2 to 7 inclusive, E\1/2\SE\1/4\;
    Sec. 17, lots 2 and 3, W\1/2\, and W\1/2\SE\1/4\;
    Sec. 18, E\1/2\NE\1/4\ and SE\1/4\;
    Sec. 19, E\1/2\;
    Sec. 20;
    Sec. 21, W\1/2\;
    Sec. 28, W\1/2\;
    Sec. 29, lot 1, E\1/2\, E\1/2\NW\1/4\, SW\1/4\NW\1/4\, and SW\1/
4\;
    Sec. 30, lots 5, 8, 9 and 12;
    Sec. 31, lots 5, 8 and 9;
    Sec. 32, lots 1 and 4, E\1/2\, NW\1/4\, and E\1/2\SW\1/4\;
    Sec. 33, W\1/2\ and N\1/2\SE\1/4\;
    Sec. 34, lot 7;
    The areas described aggregate 4,357.63 acres.

Parcel B (N-74966)

T. 12 S., R. 70 E.,
    Sec. 25, E\1/2\;
    Sec. 36, E\1/2\ and SW\1/4\;
T. 12 S., R. 71 E.,
    Sec. 29, lot 2;
    Sec. 30, lots 6, 7, 10, and 11, W\1/2\NE\1/4\, W\1/2\, and W\1/
2\SE\1/4\;
    Sec. 31, lots 6, 7, and 10, W\1/2\NE\1/4\, W\1/2\, W\1/2\SE\1/
4\, and SE\1/4\SE\1/4\;
    Sec. 32, lots 2 and 3;

    The areas described aggregate 2,009.57 acres.

    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 25% of the total acreage within the parcel to be 
transferred to Lincoln County for public purposes. Further information 
regarding the required Development and Conveyance Agreements may be 
obtained by calling Ace Robinson at 702-870-4043 or Paul Donohue at 
775-962-1001.
    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 with, the patentee's use, occupancy, or operations of the 
patented real property. The indemnification and hold harmless

[[Page 41887]]

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 sale by oral auction 
beginning at 10:00 a.m. PDT, October 12, 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 each parcel 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. 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 the Assistant Field Manager, Ely Field Office, 702 
North Industrial, Ely, Nevada 89301. 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 18, 2001.
Jeffrey A. Weeks,
Assistant Field Manager, Nonrenewable Resources.
[FR Doc. 01-20021 Filed 8-8-01; 8:45 am]
BILLING CODE 4310-HC-P