[Federal Register Volume 71, Number 54 (Tuesday, March 21, 2006)]
[Notices]
[Pages 14248-14250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4076]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-010-06-5870-EU]


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

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) proposes to offer for sale 
Federally owned parcels of land in Elko and Eureka Counties, Nevada, 
aggregating approximately 4061.68 acres, more or less. These parcels 
range in size from 40 acres to 663.34 acres. The sale will be conducted 
in Elko, Nevada, on July 12, 2006, in accordance with competitive 
bidding procedures.

DATES: Comments regarding the proposed offer of sale must be received 
by BLM on or before May 5, 2006. Sealed bids must be received by BLM no 
later than 4:30 p.m., PDT, July 5, 2006. Eleven parcels of land are to 
be offered for purchase at public auction beginning at 10 a.m., PDT, 
July 12, 2006. Registration for oral bidding will begin at 8 a.m., PDT, 
July 12, 2006. The public auction will begin at 10 a.m., PDT, July 12, 
2006. 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 offer for purchase, 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 
Street, Elko, NV 89801.
    More detailed information regarding the proposed offer for purchase 
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. Information is also 
available on the BLM web site at http://www.nv.blm.gov/elko.
    The address for oral bidding registration and for the location of 
the public auction: Bureau of Land Management, Elko Field Office, 3900 
East Idaho Street, Elko, Nevada 89801.
    The auction will take place in the Main Conference Room of the BLM 
Elko Field Office.

FOR FURTHER INFORMATION CONTACT: DJ (Darci) Beaupeurt, Realty 
Specialist, at (775)753-0251 or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: The following lands have been authorized and 
designated for disposal under the Elko Resource Management Plan Record 
of Decision (March 1987) and the Wells Resource Management Plan Record 
of Decision (July 1985); these land use plans 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 
offered for purchase by competitive auction on July 12, 2006, at an 
oral auction to be held in accordance with the applicable provisions of 
Section 203 of the Federal Land Policy and Management Act of 1976 
(FLPMA) (43 U.S.C. 1713 and 1719), respectively, and its implementing 
regulations 43 C.F.R. 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. 33 N., R. 69 E.
    Section 1, Lots 1-4, N\1/2\SW\1/4\, N\1/2\SE\1/4\
T. 37 N., R. 50 E.
    Section 9, NW\1/4\NE\1/4\
T. 37 N., R. 50 E.
    Section 20, SW\1/4\NE\1/4\, W\1/2\SE\1/4\
T. 47 N., R. 64 E.
    Section 13, SW\1/4\NW\1/4\, NW\1/4\SW\1/4\
T. 38 N., R. 68 E.
    Section 2, Lots 2-4, SW\1/4\NE\1/4\, S\1/2\SE\1/4\NE\1/4\, S\1/
2\NW\1/4\, SW\1/4\, SE\1/4\
T. 38 N., R. 69 E.
    Section 6, Lots 8-23
T. 39 N., R. 68 E.
    Section 36, Lots 7-18, W\1/2\
T. 39 N., R. 69 E.
    Section 18, Lots 1-4, NW\1/4\SE\1/4\, E\1/2\NW\1/4\, NE\1/
4\SW\1/4\
T. 39 N., R. 69 E.
    Section 30, Lots 5-16, SE\1/4\
T. 39 N., R. 69 E.
    Section 32
T. 33 N., R. 49 E.,
    Section 30, Lots 3 and 4
    Consisting of 11 (eleven) parcels containing approximately 
4061.68 acres, more or less.

Terms and Conditions of Sale

    The terms and conditions applicable to this auction are as follows:
    1. 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., PDT, Monday through Friday, at the BLM 
Elko Field Office.
    d. Any lands being offered for purchase with permitted livestock 
grazing shall allow for the permittees to be given two years prior 
notification that their grazing lease or grazing permit shall be 
cancelled in accordance with 43 CFR 4110.4-2(b). The sale may be made 
if it is conditioned upon continued grazing by the current permittee/
lessee until such time as the current grazing permit or lease would 
have expired or terminated. A permittee or lessee may unconditionally 
waive the two year prior notification.
    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, due 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 rising from the past, present, and

[[Page 14249]]

future acts or omissions of the patentees or their employees, agents, 
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.
    5. (a) Bids may be received by sealed bid for all parcels prior to 
the auction or orally for all parcels at the auction. All sealed bids 
must be received at the Elko Field Office no later than 4:30 p.m., PDT, 
July 5, 2006. Sealed bid envelopes must be marked on the front lower 
left-hand corner: SEALED BID--DO NOT OPEN and with the BLM serial 
number (N-) for the parcel 
and the sale date. Bids must not be less than the federally approved 
fair market value (FMV) 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 DOI Bureau of Land Management, for not less than 10 percent or 
more than 30 percent of the amount of the 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 sales by oral auction 
beginning at 10 a.m., PDT, July 12, 2006, 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., PDT, on the day of the sale and will end 
at 10 a.m., PDT. 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 a 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. This deposit will be due 
the day of the sale, before close of business.
    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., PDT, 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 DOI 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 auction, funds for the 
full amount of the deposit must be delivered no later than 4:30 p.m., 
PDT, on 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 on any parcel, whether 
sealed or oral, must be paid on or prior to the expiration of 180 
calendar days after the competitive sale date in the form of a 
certified check, money order, bank draft, or cashier's check made 
payable in U.S. Dollars to the order of the Bureau of Land Management. 
Personal checks will not be accepted. Failure to pay the full price on 
any parcel on or prior to expiration of the 180 days will disqualify 
the apparent high bidder and cause the entire bid deposit to be 
forfeited to the BLM. Any other parcels the bidder has high bid on may 
be canceled and those deposits may 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 the 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 and/or at another location without 
further 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 United States 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 United 
States 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

[[Page 14250]]

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.

Public Comments

    The general public and interested parties may submit comments 
regarding the proposed sale to the Field Manager, BLM Elko Field 
Office. Comments must be received by the BLM no later than May 5, 2006. 
Any 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 any 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 (FOIA), 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 M. Hankins,
Elko Field Manager.
 [FR Doc. E6-4076 Filed 3-20-06; 8:45 am]
BILLING CODE 4310-HC-P