[Federal Register Volume 67, Number 198 (Friday, October 11, 2002)]
[Notices]
[Pages 63446-63448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26171]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-030-1430-EU; N-75369]


Notice of Realty Action: Competitive Sale of Public Land and 
Partial Termination of Recreation and Public Purposes Classifications 
in Douglas County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: In accordance with section 7 of the Taylor Grazing Act, 43 
U.S.C. 315f, and Executive Order No. 6910, the described lands are 
classified for disposal by sale. The following public land has been 
examined and found suitable for disposal by method of competitive sale 
pursuant to section 203 and section 209 of the Federal Land Policy and 
Management Act of 1976 (FLPMA) (90 Stat. 2750, 43 U.S.C. 1713 and 1719) 
at not less than the appraised fair market value (FMV).

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Mount Diablo Meridian

T. 14 N., R. 20 E.,
    Sec. 5, NE\1/4\NW\1/4\W\1/2\ of lot 1 of NW\1/4\, W\1/2\NW\1/
4\W\1/2\ of lot 1 of NW\1/4\, NE\1/4\SW\1/4\W\1/2\ of lot 1 of NW\1/
4\, W\1/2\SW\1/4\W\1/2\ of lot 1 of NW\1/4\, lots 5-8, 13 and 16, 
and NW\1/4\NW\1/4\SW\1/4\, N\1/2\SW\1/4\NW\1/4\SW\1/4\, and SW\1/
4\SW\1/4\NW\1/4\SW\1/4\;
    Sec. 6, N\1/2\NE\1/4\E\1/2\ of lot 1 of NE\1/4\, SE\1/4\NE\1/
4\E\1/2\ of lot 1 of NE\1/4\, NE\1/4\NW\1/4\E\1/2\ of lot 1 of NE\1/
4\, SE\1/4\SW\1/4\E\1/2\ of lot 1 of NE\1/4\, SE\1/4\E\1/2\ of lot 1 
of NE\1/4\, lots 3 and 4, 9-13, 16-18, and 20, and E\1/2\NE\1/
4\SE\1/4\, SE\1/4\NW\1/4\NE\1/4\SE\1/4\, S\1/2\SW\1/4\NE\1/4\SE\1/
4\, NE\1/4\SE\1/4\SE\1/4\, S\1/2\NW\1/4\SE\1/4\SE\1/4\, and N\1/
2\SW\1/4\SE\1/4\SE\1/4\.

    Comprising 146 acres, more or less.

    Upon publication of this notice the land described is hereby 
segregated from appropriation under the public land laws, including the 
mining laws, but not from disposal by sale under the above cited 
statutes for 270 days from publication of this notice in the Federal 
Register, or until title transfer is completed, whichever occurs first. 
On April 16, 2002, this land was segregated from appropriation under 
the public land laws for exchange. The exchange segregation is herein 
terminated, affecting the described land, and is replaced by the sale 
segregation in this notice as published. The public land will remain 
closed to appropriation under the public land laws. The subject land 
meets sale criteria under Section 203 of FLPMA and is identified for 
disposal from federal ownership in the Carson City Consolidated 
Resource Management Plan and the North Douglas Specific Area Plan 
Amendment. Previous classifications for Recreation and Public Purposes 
under case numbers N-3742, N-3743 and N-12656, as they affect the 
described land, are no longer appropriate and are hereby terminated. In 
addition, the subject land is relieved of the segregative effect of 
those classifications. Proceeds from the sale will be deposited and 
expended in accordance with the Federal Land Transaction Facilitation 
Act, Pub. L. 106-248.
    Conveyance of the available mineral interests will occur 
simultaneously with the sale of the land. The mineral interests being 
offered for sale have no known mineral value. Acceptance of a sale 
offer will constitute an application for conveyance of those mineral 
interests. In conjunction with the final payment, the applicant will be 
required to pay a $50.00 non-refundable filing fee for processing the 
conveyance of the mineral interests.
    Patent (title document), will be issued with a reservation for a 
right-of-way for ditches and canals constructed by the authority of the 
United States under the Act of August 30, 1890 (43 U.S.C. 945), and 
will be subject to valid existing rights, including rights to Douglas 
County for Topsy Lane and the following encumbrances of record:
    (1) Those rights for highway purposes which have been granted to 
Nevada Department of Transportation by Right-of-Way CC-018400, and its 
assigns, under the Act of November 9, 1921 (42 Stat. 216).
    (2) Those rights for gas pipeline purposes which have been granted 
to Paiute Pipeline Company, and its assigns, by Right-of-Way Nev-064632 
and N-17001 under the Act of February

[[Page 63447]]

25, 1920 (41 Stat. 0437; 30 U.S.C. 185, sec. 28).
    (3) Those rights for communication line purposes which have been 
granted to Verizon California, Inc., and its assigns, by Right-of-Way 
N-353 under the Act of March 4, 1911 (36 Stat. 1253; 43 U.S.C. 961) and 
Rights-of-Way N-16649, N-32152 and N-40377 under the Act of October 21, 
1976 (90 Stat. 2776; 43 U.S.C. 1761).
    (4) Those rights for electric line purposes which have been granted 
to Sierra Pacific Power Company, and its assigns, by Rights-of-Way N-
7836 and N-11602 under the Act of March 4, 1911 (36 Stat. 1253; 43 
U.S.C. 961).
    (5) Those rights for access road purposes which have been granted 
to Hilltop Community Church, and its assigns, by Right-of-Way N-39139 
under the Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761).
    (6) Those rights for access road, utility line and gas line 
purposes which have been granted to Richard and Hazel Wheaton, and 
their assigns, by Right-of-Way N-56235 under the Act of October 21, 
1976 (90 Stat. 2776; 43 U.S.C. 1761) and Right-of-Way N-75420 under the 
Act of February 25, 1920 (41 Stat. 0437; 30 U.S.C. 185, sec. 28).
    (7) Those rights for access road and utility line purposes which 
have been granted to Douglas County, and its assigns, by Right-of-Way 
N-56768 under the Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 
1761).
    (8) Those rights for access road purposes which have been granted 
to Norman and Betty Metcalf and Anne Sullivan, and their assigns, by 
Right-of-Way N-56867 under the Act of October 21, 1976 (90 Stat. 2776; 
43 U.S.C. 1761).
    (9) Those rights for gas line purposes which have been granted to 
Southwest Gas Corporation, and its assigns, by Right-of-Way N-59816 
under the Act of February 25, 1920 (41 Stat. 0437; 30 U.S.C. 185, sec. 
28).
    The purchaser/patentee, by accepting a patent, agrees to indemnify, 
defend, and hold the United States harmless from any costs, damages, 
claims, causes of action, penalties, fines, liabilities, and judgments 
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 on the patented real 
property. This 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) Violations of federal, state, and local laws and regulations that 
are now or may in the future become, applicable to the real property; 
(2) Judgments, 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) Other releases or threatened releases of solid 
or hazardous waste(s) and/or hazardous substances(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 
resource 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 land will be offered by method of competitive sale through 
sealed bid and at oral auction. All sealed bids must be received at the 
BLM Carson City Field Office, 5665 Morgan Mill Road, Carson City, NV 
89701, no later than 4:15 p.m., PST, December 6, 2002. Sealed bid 
envelopes must be marked on the lower front left corner, ``Bid for Land 
Sale N-75369, December 10, 2002''. Bids must be for not less than the 
appraised FMV of $6,500,000.00. Each sealed bid shall be accompanied by 
a certified check, money order, bank draft, or cashier's check made 
payable to the Bureau of Land Management, for not less than 10 percent 
of the amount bid. The highest qualified sealed bid will become the 
starting bid for oral bidding. If no sealed bids are received, oral 
bidding will begin at the appraised FMV. The land will be offered for 
competitive sale by oral auction beginning at 10:00 a.m., PST, December 
10, 2002, at the Douglas County Administration Building, 1616 8th 
Street, Minden, Nevada 89423. Registration for oral bidding will begin 
at 8:30 a.m. the day of sale and will continue throughout the auction. 
All oral bidders are required to register. The highest qualifying bid, 
whether sealed or oral, 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, 
certified check, cashier's 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, 
whether sealed or oral, must be paid within 180 calendar days of the 
sale date. Failure to submit sufficient funds for the bid deposit or 
failure to pay the full price within the 180 days will disqualify the 
apparent high bidder and cause the entire bid deposit to be forfeited 
to the BLM. The land will then be offered to the next highest bidder 
that meets sale qualifications. If that offer is declined, the land may 
be offered for sale on the Internet at a later date. Contact the Carson 
City BLM Field Office for Internet auction procedures.
    Federal law requires bidders to 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. The BLM may not issue a patent or deed 
to a person other than the declared successful bidder and qualified 
conveyee or patentee in a disposal action.
    In order to determine the fair market value of the subject public 
land through appraisal, certain assumptions have been made of the 
attributes and limitations of the land 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 land 
offered for sale, and conveyance of the subject land 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 land. It is also the buyers' responsibility to be aware of 
existing or projected use of nearby properties. When conveyed out of 
federal ownership, the land 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. Portions of the land are adjacent to U.S.

[[Page 63448]]

Highway 395 and the land is accessible from Topsy Lane and North 
Sunridge Drive.
    Detailed information concerning the sale, including reservations, 
sale procedures and conditions, and planning and environmental 
documents, is available for review at the Bureau of Land Management, 
Carson City Office, 5665 Morgan Mill Road, Carson City, NV 89701, or by 
calling (775) 885-6115. 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 Manager, Carson City 
Field Office, 5665 Morgan Mill Road, Carson City, Nevada 89701. Any 
adverse comments will be reviewed by the State Director, who may 
sustain, vacate, or modify this realty action in whole or in part. In 
the absence of any adverse comments, this realty action will become the 
final determination of the Department of 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 or is determined to not be in the public 
interest. Any comments received during this process, as well as the 
commentator's name and address, will be available to the public in the 
administrative record and/or pursuant to a Freedom of Information Act 
request. You may indicate for the record that you do not wish your name 
and/or address be 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 
commentator's request to have their name and/or address withheld from 
public release will be honored to the extent permissible by law.
    The land will not be offered for sale until at least 60 days after 
the date of publication of this notice in the Federal Register.

    Dated: September 18, 2002.
John O. Singlaub,
Manager, Carson City Field Office.
[FR Doc. 02-26171 Filed 10-9-02; 1:36 pm]
BILLING CODE 4310-HC-P