[Federal Register Volume 68, Number 110 (Monday, June 9, 2003)]
[Notices]
[Pages 34415-34416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14449]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-930-1430-EU; N-76239, N-76847, and N-76858]


Notice of Realty Action (NORA) of the Segregation and Competitive 
Sale of Public Lands in White Pine County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action (NORA) of the segregation and 
competitive sale of public lands in White Pine County, Nevada.

-----------------------------------------------------------------------

SUMMARY: The public lands listed below 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). Upon 
publication of this notice in the Federal Register, the public lands 
listed below 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.

DATES: Interested parties may submit comments to the Assistant Field 
Manager, Nonrenewable Resources, on or before July 24, 2003.

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:
    Technical Information: 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 
89301-9408 or by contacting Brenda Linnell, Realty Specialist, at the 
above address or by telephone (775) 289-1808.
    Competitive Land Sale and Segregation: The following described 
parcels of land, situated in White Pine County are being offered as a 
competitive sale on August 19, 2003.

Mount Diablo Meridian, Nevada

    Parcel 1, casefile N-76239 located at:

T. 14 N., R. 64 E.,
    Section 32, NW\1/4\, W\1/2\W\1/2\NE\1/4\,

    Containing 200.00 acres more or less.
    Parcel 2, casefile N-76847 located at:
T. 17 N., R. 55 E.,
    Section 6, W\1/2\SW\1/4\SE\1/4\NW\1/4\, a portion of lot 5 
generally described as the E\1/2\SE\1/4\SW\1/4\NW\1/4\ (pending 
redesignation by supplemental plat as lot 13, Section 6),

    Containing 10.00 acres more or less.

    Parcel 3, casefile N-76858 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.

    These lands are 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 (FMV) 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.
    Each parcel will be offered by sealed bid and at oral auction. All 
sealed bids must be received at the BLM Ely Field Office, HC 33 Box 
33500, Ely, Nevada 89301-9408, or hand delivered at the BLM Ely Field 
Office, 702 North Industrial Way, Ely, Nevada no later than 4:15 PM, 
PDT, August 15, 2003. Sealed bid envelopes must be marked on the lower 
front left corner with the parcel number and sale date. Bids must be 
for not less than the appraised FMV and a separate bid must be 
submitted for each parcel. Each sealed bid shall be accompanied by a 
bid deposit of not less than 20 percent of the amount bid and full 
payment of the $50.00 non-refundable filing mineral fee in the form of 
cash, certified check, postal money order, bank draft, cashiers check, 
or personal check made payable to ``USDI, Bureau of Land Management.
    The highest qualified sealed bid for each parcel will become the 
starting bid for the oral bidding. If no bids are received, oral 
bidding will begin at the appraised FMV. All parcels will be offered by 
oral auction at 10 AM, PDT, August 19, 2003, at the BLM Ely Field 
Office, 702 North Industrial Way, Ely, Nevada. Lands will not be 
offered for sale until at least 60 days after the date of publication 
of this notice in the Federal Register.
    The highest qualifying bid for each parcel, whether sealed or oral, 
will be declared the high bid. The high bidder, if an oral 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. If not 
paid by close of the auction, funds must be delivered no later than 
4:15 PM, PDT, the day of the sale to the BLM Ely Field Office. Should 
the highest bidder default, the next highest bidder will be declared 
the high bidder.
    The remainder of the full bid price, whether sealed or oral, 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 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. Sealed bids will be accepted on every 
Wednesday (by 4 pm PDT) of each month commencing the first week of 
September 2003 till the parcel is sold or by January 23, 2004, at no 
less than the fair market value. Sealed bid envelopes must be marked on 
the lower front left corner with the parcel number and clearly marked 
``SEALED BID: NV-430-1430-EU September 2003, for Parcel  as 
appropriate. Bid amounts must be stated in the bid and signed. All bids 
shall be accompanied by a bid deposit of 20 percent of the amount bid 
and full payment of the $50.00 non-refundable filing mineral fee in the 
form of cash, certified check, postal money order, bank draft, cashiers 
check, or personal check made payable to ``USDI, Bureau of Land 
Management. 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

[[Page 34416]]

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 
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 oil and gas mineral deposits, and geothermal steam and 
associated geothermal resources in the land subject to this conveyance, 
including, without limitation, the disposition of these substances 
under the mineral leasing laws and Geothermal Steam Act, would be 
reserved to the United States. Its permittees, licensees and lessees, 
have 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 
necessary access and exit rights and the right to conduct all necessary 
and incidental activities including, without limitation, all drilling, 
underground, storage and transportation facilities deemed reasonably 
necessary.
    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 proposed, 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 
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 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) 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) 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 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.
    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: April 23, 2003.
Jeffrey A. Weeks,
Assistant Field Manager, Nonrenewable Resources.
[FR Doc. 03-14449 Filed 6-6-03; 8:45 am]
BILLING CODE 4310-HC-P