[Federal Register Volume 68, Number 208 (Tuesday, October 28, 2003)]
[Notices]
[Pages 61460-61461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27000]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-930-1430-EU; N-76578]


Notice of Realty Action: Segregation Terminated, Modified 
Competitive Sale of Public Lands, Nye County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The following described lands in Amargosa Valley, Nye County, 
Nevada, have been examined and found suitable for sale utilizing a 
modified competitive bid sale.

DATES: Comments must be submitted by December 12, 2003.

ADDRESSES: Bureau of Land Management, Tonopah Field Station, 1553 South 
Main Street, Post Office Box 911, Tonopah, Nevada 89049.

FOR FURTHER INFORMATION CONTACT: Wendy Seley, Realty Specialist, at the 
above address or at (775) 482-7806.

SUPPLEMENTARY INFORMATION: The following described lands are appraised 
at the fair market value (FMV) of $480,000.00;

Mount Diablo Meridian, Nevada,

T. 17 S., R. 49 E., sec. 10, S\1/2\


    Totaling 320 acres more or less.
    The subject lands were segregated for exchange purposes on October 
1, 1997 under serial number N-61968. The exchange segregation on the 
subject lands will be terminated and replaced with a new segregation 
for sale purposes on October 28, 2003.
    Authority for the sale is section 203 and section 209 of the 
Federal Land Policy and Management Act of October 21, 1976 (43 U.S.C. 
1701, 1713, 1719). The above-described lands are hereby classified for 
disposal in accordance with section 7 of the Taylor Grazing Act, 43 
U.S.C. 315f, Act of June 28, 1934, as amended, and Executive Order 
6910. The patent, when issued, will contain the following reservations 
to the United States:
    1. A right-of-way thereon for ditches and canals constructed by 
authority of the United States, Act of August 30, 1890 (43 U.S.C. 945).
    2. Oil, gas, geothermal, mineral materials under the 1947 Materials 
Act and Public Law 167, and the right to prospect and mine for such 
minerals.
    3. Subject to valid existing rights.
    In the event of a sale, any mineral interest not reserved to the 
United States, will be conveyed simultaneously with the sale of the 
land. The remaining unreserved mineral interests have no known mineral 
value. Acceptance of the sale offer will constitute an application for 
conveyance of those unreserved mineral interests. The purchaser will be 
required to pay a $50.00 non-refundable filing fee for conveyance of 
the available mineral interests. The public lands described in this 
notice are bounded on three sides by lands owned by the designated 
bidder, Rockview Farms--Ponderosa Dairy. The existing use of adjacent 
properties includes wastewater lagoons and agricultural uses including 
the application of bio-solids. The subject parcels are appropriate for 
modified competitive bid sale procedures to assure compatibility with 
existing uses pursuant to 43 CFR 2710.0-6(c)(3)(ii). The designated 
bidder will be given a preference and will be allowed to meet the 
highest bid pursuant to 43 CFR 2711.3-2. Sealed bidding is the only 
acceptable method of bidding. Sealed bids must be received in the 
Tonopah Field Station, 1553 South Main Street, P.O. Box 911, Tonopah, 
Nevada, by 4:30 p.m., December 29, 2003. All sealed bids must be 
accompanied by a payment of not less than 20 percent of the total bid 
or $96,000. Minimum bid amount of $480,000. All bidders must be U.S. 
citizens, 18 years or older, legally chartered U.S. corporations 
authorized to own real estate in the State of Nevada, or other legal 
entity capable of holding title to land. Payment must be in the form of 
a certified check, money order, or cashier's check made payable to: 
Department of the Interior--BLM. The apparent high bidder will be 
allowed 180 days from the date of sale to submit the remainder of the 
purchase price and the $50.00 fee to cover the administrative cost of 
purchasing the available mineral estate. Failure to remit payments 
within the time allowed will disqualify the apparent high bidder and 
the deposit will be forfeited. If the apparent high bidder is 
disqualified the next highest qualified bid will be honored or the land 
re-offered under competitive procedures.
    The purchaser/patentee, by accepting 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 arising from the past, present or future acts of omissions 
of the patentee, its employees, agents, contractors, or lessees, or any 
third-party arising out of or in connection with the patentee's use 
and/or occupancy of the patented real property resulting in: (1) 
Violations of Federal, State, and local laws and regulations that are 
now or 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) 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 States; (5) Other activities by which 
solid 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

[[Page 61461]]

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.
    No warranty of any kind be given or implied as to the potential use 
of the land offered for sale. It is the buyer's 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 or prospective uses of nearby properties. The 
sale parcel is currently without legal access. Any land lacking access 
from a public road or highway is conveyed as such. Future acquisition 
of access is the responsibility of the buyer.
    This parcel of land located in Amargosa Valley, Nevada, is being 
offered for sale through modified competitive bid sale procedures. The 
adjacent land uses and general location of the subject parcel make this 
tract of land difficult and uneconomic to manage as part of the public 
lands. As such, the sale parcel meets the disposal criteria found under 
Title 43 CFR 2710.0-3(a)(3). The proposed action is consistent with the 
objectives, goals, and decisions of the Las Vegas Resource Management 
Plan. An appraisal report has been prepared by a certified appraiser 
for the purposes of establishing fair market value. The appraisal 
report is available for review at the address shown above.
    Publication of this Notice in the Federal Register segregates the 
subject lands from all appropriations under the public land laws, 
including the general mining laws, except sale under the Federal Land 
Policy and Management Act of 1976. The segregation will terminate upon 
issuance of the patent or July 26, 2004, which ever occurs first. The 
segregation for exchange purposes is being terminated and replaced by 
the new segregation in order to allow for sale. For a period until 
December 12, 2003, interested parties may submit comments to the 
Tonopah Field Station Manager at the above address. Any adverse 
comments will be reviewed by the State Director, who may sustain, 
vacate, or modify this realty action and issue a final determination. 
In the absence of timely filed objections this realty action will 
become the final determination of the Department of the Interior. The 
land will not be offered for sale until December 29, 2003.

    Dated: September 18, 2003.
William S. Fisher,
Assistant Field Manager, Tonopah.
[FR Doc. 03-27000 Filed 10-27-03; 8:45 am]
BILLING CODE 4310-HC-M