[Federal Register Volume 69, Number 127 (Friday, July 2, 2004)]
[Notices]
[Pages 40413-40415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15198]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-010-5870-EU]


Notice of Realty Action: Competitive Sale of Public Lands in Elko 
and Lander Counties, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Land Management (BLM) proposes to sell federally 
owned parcels of land in Elko and Lander Counties, Nevada, aggregating 
approximately 648.56 acres. All sales will be conducted on September 
15, 2004, in accordance with competitive bidding procedures.

DATES: Comments regarding the proposed sale must be received by BLM on 
or before August 16, 2004. Sealed bids must be received by BLM not 
later than 4:30 p.m., P.d.t., September 8, 2004. Five parcels of land 
proposed for sale are to be put up for purchase and sale, at public 
auction, beginning at 10 a.m., P.d.t., September 15, 2004. Registration 
for oral bidding will begin at 8 a.m., P.d.t., September 15, 2004. The 
public auction will begin at 10 a.m., P.d.t., September 15, 2004. Other 
deadline dates for the receipt of payments are specified in the 
proposed terms and conditions of sale, as stated herein.

ADDRESSES: Comments regarding the proposed sale, as well as sealed bids 
to be submitted to BLM, should be addressed to: Field Manager, Elko 
Field Office, Bureau of Land Management, 3900 East Idaho St., Elko, NV 
89801.
    More detailed information regarding the proposed sale and the lands 
involved may be reviewed during normal business hours (7:30 a.m. to 
4:30 p.m.) at the Elko Field Office.
    The address for oral bidding registration and for where the public 
auction will be held is: Bureau of Land Management, Elko Field Office, 
3900 East Idaho St., Elko, NV 89801.
    The auction will take place in the Elko Field Office Main 
Conference Room.

FOR FURTHER INFORMATION CONTACT: You may contact Jason Allen, Realty 
Specialist, at (775) 753-0235 or by e-mail at [email protected]. 
You may also call (775) 753-0200 and ask to have your call directed to 
a member of the Lands Team.

SUPPLEMENTARY INFORMATION: The following lands have been authorized and 
designated for disposal under the Elko Resource Management Plan Record

[[Page 40414]]

of Decision (March 1987), this land use plan being in effect on July 
25, 2000, for purposes of the Federal Land Transition Facilitation Act 
of 2000 (FLTFA) (43 U.S.C. 2301, 2304). These lands are proposed to be 
put up for purchase and sale by competitive auction on September 15, 
2004, at an oral auction to be held in accordance with the applicable 
provisions of section 203 and section 209 of the Federal Land Policy 
and Management Act of 1976 (FLPMA) (43 U.S.C. 1713 and 1719), 
respectively, and its implementing regulations, 43 CFR part 2710, at 
not less than the fair market value (FMV) of each parcel, as determined 
by an appraisal, and acceptance by the authorized officer.

Lands Proposed for Sale

Mount Diablo Meridian, Nevada

T. 37 N., R. 60 E.,
    Sec. 30, SE\1/4\NE\1/4\.
T. 35 N., R. 57 E.,
    Sec. 4, lots 2, 3 and 4, N\1/2\SW\1/4\NE\1/4\, SW\1/4\SW\1/
4\NE\1/4\, N\1/2\SE\1/4\SW\1/4\NE\1/4\, S\1/2\NW\1/4\.
T. 34 N., R. 55 E.,
    Sec. 24, W\1/2\NE\1/4\.
T. 34 N., R. 44 E.,
    Sec. 36, NE\1/4\.
T. 32 N., R. 44 E.,
    Sec. 2, lots 3 and 4, SE\1/4\NW\1/4\.

    Consisting of five parcels containing approximately 648.56 
acres.

Terms and Conditions of Sale

    The terms and conditions applicable to this sale are as follows:
    All parcels are sold and will be conveyed subject to the following:
    a. All minerals are reserved to the United States, its' permittees, 
licensees and lessees, together with the right to prospect for, mine 
and remove the minerals under applicable law and such regulations as 
the Secretary of the Interior may prescribe, along with all necessary 
access and exit rights.
    b. A right-of-way is reserved for ditches and canals constructed by 
authority of the United States under the Act of August 30, 1890 (43 
U.S.C. 945).
    c. Valid existing rights including, but not limited to, rights-of-
way for roads, public utilities and flood control improvements. 
Encumbrances of record, appearing in the BLM public files for the 
parcels proposed for sale, are available for review during business 
hours, 7:30 a.m. to 4:30 p.m., P.d.t., Monday through Friday, at the 
Elko Field Office.
    2. No warranty of any kind, express or implied, is given by the 
United States as to the title, physical condition or potential uses of 
the parcels of land proposed for sale; and the conveyance of any such 
parcel will not be on a contingency basis. However, to the extent 
required by law, all such parcels are subject to the requirements of 
section 120(h) of the Comprehensive Environmental Response Compensation 
and Liability Act, as amended (CERCLA) (42 U.S.C. 9620 (h)).
    3. All purchasers/patentees, by accepting a patent, agree 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 patentees 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 
patentees 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 
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 or 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 parcels of land patented or otherwise conveyed by the United 
States, and may be enforced by the United States in a court of 
competent jurisdiction.
    4. Maps delineating the individual proposed sale parcels are 
available for public review at the BLM Elko Field Office. Current 
appraisals for each parcel will be available for public review at the 
Elko Field Office on or about July 16, 2004.
    5. (a) Bids may be received by sealed bid for all parcels , or 
orally for all parcels at auction. All sealed bids must be received at 
the Elko Field Office, no later than 4:30 p.m., P.d.t., September 8, 
2004. Sealed bid envelopes must be marked on the lower front left 
corner with the BLM serial number for the parcel and the sale date. 
Bids must not be less than the federally approved fair market value and 
a separate bid must be submitted for each parcel. (b) Each sealed bid 
shall be accompanied by a certified check, money order, bank draft, or 
cashier's check made payable to the order of the Bureau of Land 
Management, for not less than 10 percent or more than 30 percent of the 
amount bid. The highest qualified sealed bid for each parcel will 
become the starting bid at the oral auction. If no sealed bids are 
received, oral bidding will begin at the fair market value, as 
determined by the authorized officer.
    6. All parcels will be put up for competitive sale by oral auction 
beginning at 10 a.m., P.d.t., September 15, 2004, in the BLM Elko Field 
Office Main Conference Room, 3900 East Idaho Street, Elko, Nevada. 
Interested parties who will not be bidding are not required to 
register. If you are at the auction to conduct business with the high 
bidders or are there to observe the process, should seating become 
limited, you may be asked to relinquish your seat in order to provide 
seating for all bidders before the auction begins.
    7. All oral bidders are required to register. Registration for oral 
bidding will begin at 8 a.m., P.d.t., on the day of the sale and will 
end at 10 a.m. P.d.t. You may pre-register by mail or fax by completing 
the form located in the sale folder and also available at the BLM Elko 
Field Office.
    8. On the day of the sale, pre-registered bidders may present a 
photo identification card and receive a bidder number. All other 
bidders will be asked for additional information along with your photo 
identification card. Upon completion of registration you will be given 
a bidder number. If you are a successful bidder, you will be asked for 
a 20 percent deposit of the bid to be paid, before the close of 
business of the sale date.
    9. The highest qualifying bid for any parcel, whether sealed or 
oral, will be declared the high bid. The apparent high bidder, if an 
oral bidder, must submit the full deposit amount to a BLM Collection 
Officer by 4:30 p.m., P.d.t., on the day of the sale either in the form 
of cash or a personal check, bank draft, cashier's check, money order 
or any combination thereof, made payable to the order of the Bureau of 
Land Management, for not less than 20 percent of the amount of the 
successful bid. If not paid by the close of the

[[Page 40415]]

auction, funds for the full amount of the deposit must be delivered no 
later than 4:30 p.m., P.d.t., the day of the sale, to one of the BLM 
Collection Officers at the Elko Field Office.
    10. The remainder of the full bid price, whether sealed or oral, 
must be paid within 180 calendar days of the competitive sale date in 
the form of a certified check, money order, bank draft, or cashier's 
check made payable to the order of the Bureau of Land Management. 
Personal checks will not be accepted for the remaining balance. 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.
    11. Oral bids will be considered only if received at the place of 
sale and made at least for the fair market value as determined by the 
Authorized Officer.
    12. The BLM may accept or reject any or all offers, or withdraw any 
parcel of land or interest therein 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 are determined not to 
be in the public interest.
    13. If not sold, any parcel described above in this Notice may be 
identified for sale at a later date without further legal notice. 
Unsold parcels may be put up for sale at future auctions without 
additional legal notice. Upon publication of this notice and until 
completion of the sale, the BLM is no longer accepting land use 
applications affecting any parcel identified for sale. However, land 
use applications may be considered after completion of the sale for 
parcels that are not sold through the sealed or oral bidding 
procedures, provided the authorization will not adversely affect the 
marketability or value of the parcel.
    14. 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 laws of the State of Nevada. See 43 CFR 
2711.2. Certification of qualification, including U.S. citizenship 
status must accompany the bid deposit.
    15. In order to determine the value, through appraisal, of the 
parcels of land proposed to be sold, certain extraordinary assumptions 
may have been made of the attributes and limitations of the lands and 
potential effects of local regulations and policies on potential future 
land uses. Through publication of this NORA, the BLM gives notice that 
these assumptions may not be endorsed or approved by units of local 
government. It is the buyer's responsibility to be aware of all 
applicable local government policies, laws and regulations that would 
affect the subject lands, including any required dedication of lands 
for public uses. It is also the buyer's responsibility to be aware of 
existing or projected use of 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 will 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.
    Detailed information concerning the sale, including the 
reservations, sale procedures and conditions, CERCLA and other 
environmental documents is available for review at the BLM Elko Field 
Office, or by calling (775) 753-0200. This information will also be 
available on the Internet at http://www.nv.blm.gov/elko/nepa.htm and 
click on Land Sales.

Public Comments

    The general public and interested parties may submit comments 
regarding the proposed sale and purchase to the Field Manager, BLM Elko 
Field Office. Comments must be received by the BLM on or before August 
16, 2004. Any adverse comments will be reviewed by the Nevada BLM 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 the Interior.
    BLM will not consider anonymous comments. However, individual 
respondents may request anonymity. If you wish to withhold your name 
and address from public review or from disclosure under the Freedom of 
Information Act, you must state this prominently at the beginning of 
your comments. A request for anonymity will be honored to the extent 
allowed by law. All submissions from organizations or businesses will 
be made available for public inspection in their entirety.

    Authority: 43 CFR 2711.1-2(a) and (c).

Helen Hankins,
Elko Field Office Manager.
[FR Doc. 04-15198 Filed 7-1-04; 8:45 am]
BILLING CODE 4310-HC-P