[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Notices]
[Pages 50402-50404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16870]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-930-5870-EU; N-75370, N-75371]


Competitive Sale of Public Land and Partial Termination of 
Recreation and Public Purposes Act Classifications in Douglas County, 
NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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

SUMMARY: The Bureau of Land Management (BLM) is identifying for sale 
public land encompassing 206.25 acres more or less in North Douglas 
County, NV, in accordance with competitive bidding procedures. The BLM 
is also terminating Recreation and Public Purpose Act classifications 
on this same land.

DATES: Comments must be submitted by October 11, 2005. Sealed bids must 
be received by BLM not later than 3 p.m. (PDT) October 20, 2005. The 
oral auction will be held at 10 a.m. (PDT) on October 27, 2005, with 
registration beginning at 9:30 a.m. (PDT).

ADDRESSES: Comments regarding this competitive sale should be addressed 
to Donald T. Hicks, Manager, Carson City Field Office, Bureau of Land 
Management, 5665 Morgan Mill Road, Carson City, NV 89706. Sealed bids 
are to be sent following the instructions given later in this 
announcement to 5665 Morgan Mill Road, Carson City, NV 89706. The oral 
auction will be held at the Douglas County Administration Building, 
1616 8th Street, Minden, Nevada 89423.

FOR FURTHER INFORMATION CONTACT: An Auction and Sealed Bid Terms and 
Conditions package containing complete instructions, sealed bid form, 
documents, maps, and other information on the land can be obtained by: 
(1) Calling the Public Land Sales Hotline at (775) 885-6111; (2) 
visiting the public reception desk at the Carson City Field Office from 
7:30 a.m. to 4:30 p.m. Monday through Friday (except Federal Holidays), 
or (3) visiting the Web site at http://www.nv.blm.gov/carson/lands_realty/landsales.htm.

SUPPLEMENTARY INFORMATION: In accordance with Section 7 of the Taylor 
Grazing Act, 43 U.S.C. 315f, and Executive Order No. 6910, the public 
lands described below are classified for disposal by sale. These public 
lands have been examined and found suitable for disposal by competitive 
sale pursuant to 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 Code of Federal 
Regulations (CFR) parts 2710 and 2720 at not less than the appraised 
Fair Market Value (FMV) of each parcel, as determined by the authorized 
officer after appraisal. The land is identified for disposal in the 
Carson City Consolidated Resource Management Plan and the North Douglas 
Specific Area Plan Amendment. Proceeds from the sale will be deposited 
in the Federal Land Disposal Account for Nevada established in 
accordance with Section 206(a) of the Federal Land Transaction 
Facilitation Act of 2000, Pub. L. 106-248. 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 to consider an 
exchange proposal. This exchange segregation is hereby terminated and 
is replaced by the sale segregation in this Notice once published. 
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.

Land Identified for Sale

Mount Diablo Meridian

T. 14 N., R. 20 E.

Parcel N-75370

sec. 5, NW\1/4\SW\1/4\NE\1/4\SW\1/4\, S\1/2\SW\1/4\NE\1/4\SW\1/4\, 
SE\1/4\NW\1/4\SW\1/4\, SE\1/4\SW\1/4\NW\1/4\SW\1/4\, N\1/2\SW\1/
4\SW\1/4\, NE\1/4\SW\1/4\SW\1/4\SW\1/4\, N\1/2\NW\1/4\SW\1/4\SW\1/
4\SW\1/4\, E\1/2\SE\1/4\SW\1/4\SW\1/4\, NW\1/4\SE\1/4\SW\1/4\SW\1/
4\, E\1/2\SW\1/4\SE\1/4\SW\1/4\SW\1/4\, W\1/2\NW\1/4\SE\1/4\SW\1/4\ 
and W\1/2\SW\1/4\SE\1/4\SW\1/4\.
sec. 6, N\1/2\NE\1/4\SE\1/4\SE\1/4\SE\1/4\ and NW\1/4\SE\1/4\SE\1/
4\SE\1/4\.
sec. 8, NE\1/4\NW\1/4\.
    Comprising 106.25 acres, more or less.

[[Page 50403]]

Parcel N-75371

sec. 5, E\1/2\E\1/2\ of Lot 1 of NW\1/4\, NW\1/4\NW\1/4\E\1/2\ of 
lot 1 of NW\1/4\, S\1/2\NW\1/4\E\1/2\ of lot 1 of NW\1/4\, SW\1/
4\E\1/2\ of Lot 1 of NW\1/4\, E\1/2\W\1/2\ of lot 1 of NW\1/4\, E\1/
2\NE\1/4\SW\1/4\, NW\1/4\NE\1/4\SW\1/4\, NE\1/4\SW\1/4\NE\1/4\SW\1/
4\, and NE\1/4\NW\1/4\SW\1/4\.

    Comprising 100 acres more or less.

Terms and Conditions

    Conveyance of the available mineral interests will occur 
simultaneously with the sale of the land. The mineral interests being 
identified for sale have no known mineral value. 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. Competitive sale of the land will be conducted 
by sealed bid and oral auction. The parcels will not be sold for less 
than their FMV. The FMV is $6,400,000 for N-75370 and $10,000,000 for 
N-75371. Each sealed bid shall be accompanied by money order, certified 
check, bank draft, or cashier's check made payable to the Bureau of 
Land Management for not less than 20 percent of the bid amount. The 
official sealed bid form to be used is included in the Auction and 
Sealed Bid Terms and Conditions package. The highest qualified sealed 
bid received by BLM for each parcel will become the starting bid at the 
oral auction. If no sealed bids are received, oral bidding will begin 
at the FMV, as determined by the authorized officer. Bidders are to 
enclose their bid form and deposit in a regular size 10 white business 
envelope. Envelopes are to be addressed to the Bureau of Land 
Management, 5665 Morgan Mill Road, Carson City, NV 89706. All bidders 
are to print their name and return address in the upper left-hand 
corner of the envelope, and write the BLM Serial Number (either N-75370 
and/or N-75371) for the parcel(s) for which they are bidding in the 
lower front left-hand corner of the envelope. If you are bidding on 
both parcels, you must submit a separate check for each property. 
Sealed bids may be mailed, hand delivered, or placed with an overnight 
delivery carrier. The oral auction begins at 10 a.m., PDT, October 27, 
2005, at the Douglas County Administration Building, 1616 8th Street, 
Minden, Nevada 89423. Registration for oral bidding will begin at 9:30 
a.m., PDT, the day of sale.
    Prior to receiving a bidder number on the day of the sale, 
individuals must present a valid State Driver's License or valid Photo 
Identification Card, and a money order, certified check, bank draft, or 
cashier's check made payable to the Bureau of Land Management in the 
amount of $10,000.
    The highest qualifying bid, whether by sealed or oral bid, will be 
declared the high bid. If the apparent high bidder is by oral auction 
the bidder must submit a $10,000 check at the auction site. The 
remainder of the 20 percent of the amount bid must be submitted to BLM 
at the Carson City Field Office not later than 3 p.m. (PDT) on the date 
of the sale in the form of a money order, certified check, bank draft, 
or cashier's check made payable to the Bureau of Land Management. The 
remainder of the full bid price, whether sealed or oral, must be paid 
within 180 calendar days of the sale date in the form of a money order, 
certified check, bank draft, cashier's check or by Electronic Funds 
Transfer. 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.
    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. An appraisal report has been 
prepared by a certified appraiser to establish the FMV of the parcels. 
In order to determine the FMV 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 
identified for sale, and conveyance of the subject land will not be on 
a contingency basis. It is the buyer's responsibility to be aware of 
all applicable local government policies and regulations that would 
affect the subject land. 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 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 will be the 
responsibility of the buyer.
    Detailed information concerning the property, including 
encumbrances, reservations, 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 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. Any comments are to be in letter format 
citing specific reasons for your objection and are to be addressed and 
mailed to Donald T. Hicks, Manager, Carson City Field Office, Bureau of 
Land Management, 5665 Morgan Mill Road, Carson City, NV 89701. 
Facsimiles, telephone calls, and e-mails are unacceptable means of 
notification. 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 Bureau of Land 
Management. 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 his or her name and/or address withheld from public 
release will be honored to the extent permissible by law.
    Sealed bids may not be submitted for the above-described lands 
until at least October 25, 2005. 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

[[Page 50404]]

August 30, 1890 (43 U.S.C. 945) and will be subject to valid existing 
rights and the following encumbrances of record:

Parcel N-75370

    (1) Those rights for buried communication purposes which have been 
granted to Verizon California, Inc. by Right-of-Way N-353 under the Act 
of March 4, 1911 (36 Stat. 1253; 43 U.S.C. 961).
    (2) Those rights for buried communication purposes which have been 
granted to Verizon California, Inc. by Right-of-Way N-31119 under the 
Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761).
    (3) Those rights for buried communication purposes which have been 
granted to Verizon California, Inc. by Right-of-Way N-32152 under the 
Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761).
    (4) Those rights for access purposes which have been granted to 
Ranchos Community Church by Right-of-Way N-39139 under the Act of 
October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761).
    (5) Those rights for access road, water, and sewer purposes and as 
amended to include road improvements, and additional buried utility 
lines and related structures along North Sunridge Drive, which have 
been granted to Douglas County by Right-of-Way N-56768 by the Act of 
October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761),
    (6) Those rights for natural gas pipeline purposes which have been 
granted to Southwest Gas Corporation by Right-of-Way N-58973 pursuant 
to Section 28 of the Mineral Leasing Act of 1920 as amended (30 U.S.C. 
185).
    (7) Those rights for emergency access road purposes which have been 
granted to Douglas County by Right-of-Way N-59346 by the Act of October 
21, 1976 (90 Stat. 2776; 43 U.S.C. 1761).
    (8) Those rights for natural gas pipeline purposes which have been 
granted to Southwest Gas Corporation by Right-of-Way N-59816 pursuant 
to Section 28 of the Mineral Leasing Act of 1920 as amended (30 U.S.C. 
185).
    (9) Those rights for water and sewer purposes which have been 
granted to Douglas County by Right-of-Way N-74267 by the Act of October 
21, 1976 (90 Stat. 2776; 43 U.S.C. 1761).
    (10) Those rights for buried 612 volt electrical vault and buried 
25kV distribution line which have been granted to Sierra Pacific Power 
Company by Right-of-Way N-76532 under the Act of October 21, 1976 (90 
Stat. 2776; 43 U.S.C. 1761).
    (11) Those rights to Douglas County for realignment of Topsy Lane, 
improvement of Center Drive, access to the sewer line, a domestic water 
well and water main, detention basin, sanitary sewer line and lift 
station, water lines and other buried utility lines (excluding gas) by 
Right-of-Way N-78552 under the Act of October 21, 1976 (90 Stat. 2776; 
43 U.S.C. 1761).

Parcel N-75371

    (1) Those rights for buried communication purposes which have been 
granted to Verizon California, Inc. by Right-of-Way N-353 under the Act 
of March 4, 1911 (36 Stat. 1253; 43 U.S.C. 961).
    (2) Those rights for electric line purposes which have been granted 
to Sierra Pacific Power Company by Right-of-Way N-7836 under the Act of 
March 4, 1911 (36 Stat. 1253; 43 U.S.C. 961).
    (3) Those rights for a buried natural gas pipeline which have been 
granted to Piaute Pipeline Company by Right-of-Way N-17001 under 
Section 28 of the Mineral Leasing Act of 1920 (30 U.S.C. 185).
    (4) Those rights for buried communication purposes which have been 
granted to Verizon California, Inc. by Right-of-Way N-31119 under the 
Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761).
    (5) Those rights for buried communication purposes which have been 
granted to Verizon California, Inc. by Right-of-Way N-32152 under the 
Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761).
    (6) Those rights to Douglas County for realignment of Topsy Lane, 
improvement of Center Drive, access to the sewer line, a domestic water 
well and water main, detention basin, sanitary sewer line and lift 
station, water lines and other buried utility lines (excluding gas) by 
Right-of-Way N-78552 under the Act of October 21, 1976 (90 Stat. 2776; 
43 U.S.C. 1761).
    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 its 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 or omissions of the patentee or its 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 which have already resulted or 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) 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 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 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.

    Dated: July 12, 2005.
Donald T. Hicks,
Manager, Carson City Field Office.
[FR Doc. 05-16870 Filed 8-25-05; 8:45 am]
BILLING CODE 4310-HC-P