[Federal Register Volume 67, Number 242 (Tuesday, December 17, 2002)]
[Notices]
[Pages 77288-77289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31664]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-930, 1430-EU; N-65600]


Notice of Realty Action: Competitive Sale of Public Land

AGENCY: Bureau of Land Management, Interior.

ACTION: Competitive sale of public land in Humboldt County, Nevada.

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SUMMARY: The below listed public land in Orovada, Humboldt County, 
Nevada, has been examined and found suitable for disposal pursuant to 
sections 203 and 209 of the Federal Land Policy and Management Act 
(FLPMA) 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 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, Colin P. Christensen, Assistant Field Manager, Nonrenewable 
Resources, 5100 E. Winnemucca Blvd., Winnemucca, NV 89445.

SUPPLEMENTARY INFORMATION: The following described parcel of land, 
situated in Humboldt County, Nevada, is being offered for sale as a 
competitive sale:

Mount Diablo Meridian, Nevada

T. 45 N., R. 37 E., Section 35, S\1/2\SE\1/4\

Containing 80 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 land shall be sold for not less than 
fair market value as determined by appraisal. The locatable, salable, 
and leasable mineral rights will be conveyed simultaneously with the 
surface estate. The Fort McDermitt Tribe did not respond to 
Consultation. The disposal would not generate any adverse energy 
impacts or limit energy production and distribution (EO 13212).
    The above described land is hereby classified for disposal in 
accordance with Executive Order 6910 and the Act of June 28, 1934, as 
amended. 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. Upon publication of this notice 
and until completion of the sale, the BLM is no longer taking or 
accepting land use applications affecting the parcel being offered for 
sale.
    This sale will be by competitive procedures. Bids must not be less 
than the appraised fair market value. The appraised fair market value 
is $26,000.00 (twenty-six thousand dollars and no cents). All bids 
shall be sealed. Each sealed bid shall be accompanied by a certified 
check, postal money order, bank draft, or cashier's check made payable 
to the Department of the Interior, Bureau of Land Management for not 
less than 10 percent or more than 30 percent of the bid amount. Sealed 
bid envelopes must be marked on the lower left corner with the sale 
date and the number ``N-65600''. At least 60 days prior to the sale, 
the sale date and appraised fair market value shall be advertised for 
three consecutive weeks in the Humboldt Sun and Battle

[[Page 77289]]

Mountain Bugle newspapers. If two or more envelopes containing valid 
bids of the same amount are received, the determination of which is to 
be considered the highest bid shall be by supplemental bid. The 
designated high bidders shall be allowed to submit sealed bids as 
designated by the Authorized Officer.
    Federal law requires all 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, legally capable of conveying and holding 
property or interests therein under the laws of the State of Nevada. 
Certification or qualification, including citizenship or corporation or 
partnership, must accompany the bid deposit.
    In order to determine the fair market value of the subject land 
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 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; 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 
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.
    The purchaser/patentee, by accepting a patent, agrees to indemnify, 
defend, hold harmless from any costs, damages, claims, causes of 
action, penalties, fines, liabilities, and judgments of any kind or 
nature arising out of or in connection with the use/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 incurred by 
the United States: (4) other releases 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 Stated; (5) other activities 
by which solids or hazardous substances or wastes, as defined by 
federal laws are generated, released or 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 
wastes 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 patent, when issued, will contain the following reservation to 
the United States: A right-of-way thereon for ditches and canals 
constructed by the authority of the United States, under the Act of 
August 30, 1890 (26 Stat. 391; 43 U.S.C. 945).
    And will be subject to:
    1. Those rights for power transmission line purposes which have 
been granted to Harney Electric Cooperative, Inc., by Right-of-way NEV-
058382 under the Act of October 21, 1976 (43 U.S.C. 1761).
    2. County Road 316 under the jurisdiction of Humboldt 
County which runs the entire length of the parcel along the south edge 
of the parcel, being the south section line of section 35, T. 45 N., R. 
37 E., and having a total width of 22 feet.
    3. Those rights for a buried cable which have been granted to 
Oregon Idaho Utilities, Inc., dba Humboldt Telephone Company by Right-
of-way N-60463 under the Act of October 21, 1976 (43 U.S.C. 1761).
    The purchaser, by accepting the land patent, agrees to take the 
property subject to current grazing lease, authorized under the Taylor 
Grazing Act, 43 U.S.C. 315f, Act of June 28, 1934. The two year 
notification commenced on August 27, 2001. The lease shall expire on 
August 26, 2003.
    It has been determined that the subject parcel contains no mineral 
value. The parcel will be sold with no reservation of mineral rights to 
the United States. Acceptance of a sale offer will constitute an 
application for conveyance of those mineral interests. The purchaser 
will be required to pay a $50.00 non-refundable filing fee for 
conveyance of said mineral interests when remitting final payment for 
the parcel.
    The purchase price does not include the costs for publication in 
the Federal Register. The purchaser will be required to reimburse the 
BLM for publishing costs.
    Protests: For a period of 45 days from the date of publication of 
this notice in the Federal Register, interested parties may submit 
comments regarding whether the BLM followed proper administrative 
procedures in reaching the decision or any other factor directly 
related to the suitability of the land for a competitive sale. The 
Environmental Assessment NV-020-02-11 (EA) and Decision Record are 
available for review at the Winnemucca Field Office. Comments should be 
sent to Colin P. Christensen, Assistant Field Manager, Nonrenewable 
Resources, at the address listed below. 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 BLM 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 
the FLPMA or other applicable laws. The lands will not be offered for 
sale until at least 60 days after the date of publication of this 
notice in the Federal Register.
    This notice in the Federal Register allows the parcel to be re-
offered for sale until the parcel has been sold at the discretion of 
the Authorized Officer. In the event the parcel is not sold, the parcel 
shall be automatically opened for entry without further notice on 
December 30, 2003.

FOR FURTHER INFORMATION CONTACT: M. Lynn Trost, Realty Specialist, 
Bureau of Land Management, at 5100 E. Winnemucca Blvd., Winnemucca, NV 
89445, or telephone (775) 623-1500.

    Dated: September 26, 2002.
Terry A. Reed,
Winnemucca Field Manager.
[FR Doc. 02-31664 Filed 12-16-02; 8:45 am]
BILLING CODE 4310-HC-P