[Federal Register Volume 71, Number 178 (Thursday, September 14, 2006)]
[Notices]
[Pages 54306-54308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15219]



[[Page 54306]]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-065-5870-EU; N-76533]


Notice of Realty Action: Competitive Sale of Public Land; Nye 
County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: A single 39.73 acre parcel of Federal public land located in 
northwest Beatty, Nye County, Nevada, has been examined and found 
suitable for sale utilizing competitive sale procedures. The authority 
for the sale is Sections 203 and 209 of the Federal Land Policy and 
Management Act of 1976 (FLPMA) (43 U.S.C. 1701, 1713 and 1719).

DATES: Comments regarding the proposed sale or the environmental 
assessment (EA) must be received by the Bureau of Land Management (BLM) 
on or before October 30, 2006. In order to purchase the offered land, 
BLM will accept sealed bids from bidders up to November 14, 2006, and 
accept oral bids at a public auction scheduled November 15, 2006.

ADDRESSES: Comments regarding the proposed sale or EA, as well as 
sealed bids, submitted to BLM, should be addressed to the Assistant 
Field Manager, BLM, Tonopah Field Station, 1553 South Main Street, P.O. 
Box 911, Tonopah, Nevada 89049. The address for oral bidding 
registration, and where the public auction will be held is: Beatty 
Community Center, 100 ``A'' Avenue So., Beatty, Nevada 89003.

FOR FURTHER INFORMATION CONTACT: Information regarding the competitive 
sale instructions, procedures, documents, maps, and materials to submit 
a bid can be obtained at the public reception desk at the BLM, Tonopah 
Field Station from 7:30 a.m. to 4:30 p.m., Monday through Friday 
(except Federal holidays), or by contacting Wendy Seley, Realty 
Specialist, at the above address, or at (775) 482-7800 or by e-mail at 
[email protected]. For general information on BLM's public land sale 
procedures, refer to the following Web address: http://www.blm.gov/nhp/what/lands/realty/sales.htm

SUPPLEMENTARY INFORMATION: The land is located one mile northwest of 
Beatty, Nevada, and has physical and legal access via a well maintained 
asphalt road to the south (N-45241), a dirt road to the west, and a 
county-maintained gravel road which traverses the east side.

Mount Diablo Meridian, Nevada

T. 12 S., R. 47 E., sec. 6, lot 7.

    The area described contains 39.73 acres, more or less, in Nye 
County.

    This parcel of public land, northwest of Beatty, Nevada, is being 
offered for sale, at no less than the appraised fair market value (FMV) 
of $220,000.00, as determined by the authorized officer after 
appraisal. An appraisal report has been prepared by a state certified 
appraiser for the purposes of establishing FMV.
    The land is not required for Federal purposes and was identified 
for disposal in the Tonopah Resource Management Plan, approved on 
October 2, 1997, and therefore, meets the disposal qualification of 
Section 205 of the Federal Land Transaction Facilitation Act of July 
25, 2000 (43 U.S.C. 2304) (hereinafter FLTFA).
    Increasingly, the BLM has had to address the needs of a growing and 
changing West, in particular to the community expansion and economic 
needs of Beatty, Nevada. These lands are proposed to be put up for 
purchase and sale by competitive auction in accordance with Section 205 
of FLTFA, the applicable provisions of FLPMA Section 203, and its 
implementing regulations found at 43 CFR 2710 and part 2720. The 
proceeds from the sale of the land will be deposited into the Federal 
Land Disposal Account for Nevada pursuant to FLTFA.
    These lands meet the criteria for sale under 43 CFR 2710.0-3(a)(2) 
in that the disposal (sale) of the parcel would serve important public 
objectives which cannot be achieved prudently or feasibly elsewhere by 
making lands available for community expansion and private economic 
development. The land contains no other known public values. The 
subject parcel has not been identified for transfer to the State or any 
other local government or nonprofit organization. The parcel will be 
offered through competitive sale procedures pursuant to 43 CFR 2711.3-
1.
    As stated, both sealed bids and oral bids will be accepted in 
conducting this sale. Sealed bids must be received by the BLM not later 
than 4:30 p.m. PDT, November 14, 2006. Sealed bid opening is to begin 
at 10 a.m., PDT November 15, 2006. The subject land proposed for sale 
will be put up for purchase and sale, at public auction, beginning at 
10 a.m., PDT, November 15, 2006. Registration for oral bidding will 
begin at 8 a.m. PDT, November 15, 2006. The public auction will begin 
at 10 a.m., PDT November 15, 2006.
    Pursuant to 43 CFR 2711.3-1(c), each sealed bid shall be 
accompanied by a certified check, postal money order, bank draft or 
cashier's check made payable to the Bureau of Land Management, for not 
less than 20 percent of the amount of the sealed bid. Sealed bid 
opening will begin at 10 a.m. PDT, November 15, 2006, at the Beatty 
Community Center, located at 100 ``A'' Avenue, So., Beatty, Nevada 
89003. The highest qualified sealed bid will become the starting bid at 
the oral auction, provided it is higher than the approved, appraised 
FMV. If no sealed bids are received, oral bidding will begin at the 
FMV, as determined by the authorized officer. The parcel will be put up 
for competitive sale by oral auction beginning at 10:00 a.m. PDT, 
November 15, 2006, at the Beatty Community Center, located at 100 ``A'' 
Avenue, So., Beatty, Nevada 89003.
    If, as a result of a sealed bid you presented to BLM prior to the 
auction, you were not declared the high-bidder, your check will be 
returned to you at the auction upon proof of identification. If you do 
not attend the auction, your check will be returned according to your 
instructions.
    The highest qualifying bid, whether sealed or oral, in excess of 
the appraised fair market value, will be declared the high bid. The 
apparent high bidder, if an oral bidder, must submit a deposit pursuant 
to 43 CFR 2711.3-1(d), which is not less than one-fifth (20%) of the 
apparent high bid, by 2 p.m. PDT, on the day of the sale in the form of 
cash, personal check, bank draft, cashier's check, money order or any 
combination thereof, made payable in U.S. dollars to the Bureau of Land 
Management. Payment must be made at the Beatty Community Center, 100 
``A'' Avenue So., Beatty, Nevada 89003.
    Other deadline dates for the receipt of payments, and arranging for 
certain payments to be made by electronic transfer, are specified 
below.
    The BLM provided a 30-day comment period for the preliminary EA as 
part of its public involvement. All comments received have been 
considered and incorporated into the EA and Decision Record. The 
environmental assessment, EA Number NV065-EA06-071, Decision Record, 
Environmental Site Assessment, map, and approved appraisal report 
covering the proposed sale, are available for review at the BLM, 
Tonopah Field Station, Tonopah, Nevada.
    If the parcel of land is sold, the locatable mineral interests of 
no known value therein will be sold simultaneously as part of the sale. 
The unreserved mineral interests have been determined to have no known 
mineral value pursuant to 43 CFR 2720.2(a). An offer to purchase the 
parcel at auction

[[Page 54307]]

will constitute an application for conveyance of the locatable 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 locatable mineral interests.
    Segregation: 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, upon publication in the Federal 
Register of a termination of the segregation or June 11, 2007, 
whichever occurs first.
    Terms and Conditions of Sale: Upon successful completion of the 
sale, the patent issued would contain the following numbered 
reservations, covenants, terms and conditions:
    1. Oil, gas, and geothermal resources are reserved on the land 
sold; permittees, licensees, and lessees retain the right to prospect 
for, mine, and remove the minerals owned by the United States under 
applicable law and any regulations that the Secretary of the Interior 
may prescribe, including all necessary access and exit rights.
    2. 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).
    3. A right-of-way authorized under the Act of October 21, 1976, 90 
Stat. 2776 (43 U.S.C. 1761) for an access road granted to Nye County, 
its successor or assignees, by right-of way NVN-45241.
    4. The parcel is subject to valid existing rights.
    5. The purchaser/patentee, by accepting the 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 or 
omissions of the patentee, its employees, agents, contractors, or 
lessees, or a 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 
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 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.
    6. Pursuant to the requirements established by section 120(h) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act (CERCLA), (42 U.S.C. 9620(h)), as amended by the Superfund 
Amendments and Reauthorization Act of 1988, (100 Stat.1670), notice is 
hereby given that the above-described lands have been examined and no 
evidence was found to indicate that any hazardous substances has been 
stored for one year or more, nor had any hazardous substances been 
disposed of or released on the subject property.
    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 
parcel of land proposed for sale, and the conveyance of any such parcel 
will not be on a contingency basis. It is the buyer's responsibility to 
be aware of all applicable federal, State, or local government laws, 
regulations, or policies that may affect the subject lands or its 
future uses. It is also the buyer's responsibility to be aware of 
existing or prospective uses of nearby properties. 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.
    Because Nye County does not have a habitat conservation plan (HCP) 
in effect for desert tortoise habitat, BLM wants to inform the bidder/
buyer that he/she may be required to complete an individual HCP, and 
acquire a Section 10 Incidental Take Permit under the Endangered 
Species Act from the U.S. Fish and Wildlife Service for surface 
disturbing activities following transfer of title.
    The successful bidder must submit the remainder of the full bid 
price, whether sealed or oral, 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 in U.S. dollars to the 
Bureau of Land Management. Personal checks will not be accepted. 
Arrangements for Electronic Fund Transfer (EFT) to BLM for the balance 
which is due on or before May 14, 2007, must be made a minimum of 2 
weeks prior to the date you wish to make payment. Failure to pay the 
full bid price within the 180 days will disqualify the apparent high 
bidder and cause the entire bid deposit to be forfeited to the BLM 
under 43 CFR 2711.3-1(d).
    If not sold, the parcel described above in this Notice may be 
identified for sale at a later date and/or at another location without 
further legal notice.
    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 acquire and own real property, or an entity including, 
but not limited to, associations or partnerships legally capable of 
holding property or interests therein under the laws of the State of 
Nevada. Certification of bidder qualification must accompany the bid 
deposit.
    Public Comments: The subject parcel of land will not be offered for 
sale prior to the 60-day publication of this notice of realty action. 
For a period until October 30, 2006, interested parties may submit 
written comments to the BLM Tonopah Field Station, P.O. Box 911, 
Tonopah, Nevada 89049. Facsimiles, telephone calls, and electronic 
mails are unacceptable means of notification. Comments including names 
and street addresses of respondents will be available for public review 
at the BLM Tonopah Field Station during regular business hours, except 
holidays. Individual respondents may request confidentiality. If you 
wish to withhold your name or address from public disclosure under the 
Freedom of Information Act, you must state this prominently at the 
beginning of your comments. Any determination by the BLM to release or 
withhold the names and/or addresses of those who comment will be made 
on a case-by-case basis. Such requests will be honored to the extent 
allowed by law.
    Any adverse comments will be reviewed by the Nevada 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.

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


[[Page 54308]]


    Dated: August 10, 2006.
William S. Fisher,
Assistant Field Manager, Tonopah.
[FR Doc. E6-15219 Filed 9-13-06; 8:45 am]
BILLING CODE 4310-HC-P