[Federal Register Volume 67, Number 163 (Thursday, August 22, 2002)]
[Notices]
[Pages 54454-54455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21396]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-930-1430-EU; N-75920, N-75921, N-75922, N-75923, N-75924, N-75925, 
N-75926]


Notice of Realty Action: Competitive Sale of Public Lands

AGENCY: Bureau of Land Management, Interior.

ACTION: Competitive sale of public lands in White Pine County, Nevada.

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SUMMARY: The below listed public lands in White Pine County, Nevada 
have been examined and found suitable for disposal, at not less than 
fair market value. In accordance with Section 7 of the Act of June 28, 
1934, as amended, 43 U.S.C. 315f and EO 6910, the described lands are 
hereby classified as suitable for disposal under the authority of 
Sections 203 and 209 of the Federal Land Policy and Management Act of 
October 21, 1976 (90 Stat. 2750; 43 U.S.C. 1713, and 1719), and the 
Federal Land Transaction Facilitation Act of July 25, 2000 (Pub. L. 
106-248).

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.

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

FOR FURTHER INFORMATION CONTACT: Detailed information concerning the 
sale, including the reservations, sale procedures and conditions, 
planning and environmental documents, will be available at the Ely 
Field Office of the Bureau of Land Management, 702 North Industrial 
Way, Ely, Nevada 89301, or by contacting Gianna Vaccaro, Realty 
Specialist, at the above address or telephone (775) 289-1885.

SUPPLEMENTARY INFORMATION: The following described parcels of land, 
situated in White Pine County are being offered as a competitive sale.

Mount Diablo Meridian, Nevada

Parcel 1, casefile N-75923 located at:
    T. 10 N., R. 62 E.,
    Section 5, SW\1/4\NE\1/4\, SE\1/4\NW\1/4\,
containing 80.00 acres more or less.

    Parcel 2, casefile N-75922 located at:
    T. 12 N., R. 67 E.,
    Section 12, SW\1/4\NE\1/4\, NW\1/4\SE\1/4\, W\1/2\NE\1/4\SE\1/
4\, SE\1/4\NW\1/4\, NE\1/4\NW\1/4\, containing 180.00 acres more or 
less.

    Parcel 3, casefile N-75921 located at:
    T. 13 N., R. 61 E.,
    Section 35, Lots 3 and 4, SE\1/4\, SW\1/4\NE\1/4\,
containing 200.00 acres more or less.

    Parcel 4, casefile N-75926 located at:
    T. 15 N., R. 63 E.,
    Section 12, W\1/2\W\1/2\, W\1/2\E\1/2\NW\1/4\, W\1/2\E\1/2\SW\1/
4\,
containing 240.00 acres more or less.

    Parcel 5, casefile N-75925 located at:
    T. 17 N., R. 55 E.,
    Section 6, Lots 5 and 6, SW\1/4\SE\1/4\NW\1/4\, N\1/2\NW\1/
4\NE\1/4\SW\1/4\,
containing 10.00 acres more or less.

    Parcel 6, casefile N-75920 located at:
    T. 17 N., R. 64 E.,
    Section 18, SE\1/4\NE\1/4\,
containing 40.00 acres more or less.

    Parcel 7, casefile N-75924 located at:
    T. 21 N., R. 64 E.,
    Section 19, Lots 3 and 4, SE\1/4\SW\1/4\, S\1/2\SW\1/4\,
    Section 20, S\1/2\SW\1/4\,
containing 279.20 acres more or less.

    This land is not required for any federal purposes. The sale is 
consistent with current Bureau planning for this area and would be in 
the public interest. The subject lands will be sold for at least fair 
market value as determined by appraisal. In the event of a sale, 
conveyance of the available mineral interests will occur simultaneously 
with the sale of the land. The mineral interests being offered for 
conveyance 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 parcels will be 
offered for competitive sale by oral auction. The date of the oral 
auction is unknown at this time; once the known date is determined a 
notice will be published in the Federal Register. Lands will not be 
offered for sale until at least 60 days after the date of publication 
of this future notice in the Federal 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. If the highest qualified bid is 
rejected or the bidder released from it, the authorized officer will 
determine if the parcel shall be reoffered to the next highest bidder. 
If the lands are not sold, they may remain available for sale on a 
continuing basis until sold. 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

[[Page 54455]]

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 buyers' 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.
    The patent, when issued, will contain the following reservation to 
the United States:
    1. A right-of-way thereon for ditches and canals constructed by the 
authority of the United States, Act of August 30, 1890 (43 U.S.C. 945).
    2. All the oil and gas mineral deposits in the land subject to this 
conveyance, including without limitation, the disposition of these 
substances under the mineral leasing laws. Its permittees, licensees 
and lessees, the right to prospect for, mine and remove the mineral 
owned by the United States under applicable law and such regulations as 
the Secretary of the Interior may prescribe. This reservation includes 
all necessary and incidental activities conducted in accordance with 
the provisions of the mineral leasing laws in effect at the time such 
activities are undertaken, including, without limitation, necessary 
access and exit rights, all drilling, underground, or surface mining 
operation, storage and transportation facilities deemed necessary and 
authorized under law and implementing regulations.
    3. All land parcels are subject to all valid and existing rights. 
Encumbrances of records are available for review during business hours, 
7:30 a.m. 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 proposes, in 
accordance with the local governing entities' Transportation Plans.
    5. 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 leasees, 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 agreement 
includes, but is not limited to, acts and omissions of the patentee and 
their employees, agents, contractors, or leasees , 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 laws. This convent 
shall be construed as running with the patented real property and may 
be enforced by the United States in a court of competent jurisdiction.
    Upon publication of this notice in the Federal Register, the above 
described land will be segregated from all other forms of appropriation 
under the public land laws, including the general mining laws, and 
leasing under the mineral leasing laws. This segregation will terminate 
upon issuance of a patent or 270 days from the date of this 
publication, whichever occurs first.
    For a period of 45 days from the date of publication of this notice 
in the Federal Register, interested parties may submit comments 
regarding this action to the Assistant Field Manager, Nonrenewable 
Resources at the address listed above. Any adverse comments will be 
reviewed by the State Director who may sustain, vacate, or modify this 
realty action. In absence of any adverse comments, this 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, consummation of the sale would not 
be fully consistent with FLPMA, or other applicable laws. Any comments 
received during the 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 the public release will 
be honored to the extent permissible by law.

    Dated: July 23, 2002.
Mark S. Henderson,
Acting Assistant Field Manager, Nonrenewable Resources.
[FR Doc. 02-21396 Filed 8-21-02; 8:45 am]
BILLING CODE 4310-HC-P