[Federal Register Volume 72, Number 86 (Friday, May 4, 2007)]
[Notices]
[Pages 25330-25332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8502]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-020-5870-EU; N-66278, N-77446, N-66128]


Notice of Realty Action; Competitive Sale of Public Land; 
Humboldt and Pershing Counties, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: Three parcels of land, one 1,909.58 acres (Parcel N-66278) and 
one 1,160 acres (Parcel N-77446) located in northeast Humboldt County, 
Nevada, and one parcel of land, equaling 798.04 acres (Parcel N-66128) 
located in southeast Pershing County, Nevada, totaling 3,867.62 acres 
of Federal public land, have been examined and found suitable for 
disposal 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 must be received by the 
Bureau of Land Management (BLM) on or before June 18, 2007. In order to 
purchase the land, BLM will accept sealed bids from bidders up to July 
12, 2007, and accept oral bids at a public auction scheduled July 13, 
2007.

ADDRESSES: Comments regarding the proposed sale, as well as sealed 
bids, must be submitted to BLM, and addressed as follows: Field 
Manager, BLM, Winnemucca Field Office, 5100 East Winnemucca Blvd., 
Winnemucca, Nevada 89445. The address for oral bidding registration and 
the location of the public auction is: Winnemucca Field Office, 5100 
East Winnemucca Blvd., Winnemucca, Nevada 89445.

FOR FURTHER INFORMATION CONTACT: Information regarding the competitive 
sale instructions, procedures, documents, including environmental 
documents, maps, and materials to submit a bid can be obtained at the 
public reception desk at the BLM, Winnemucca Field Office from 7:30 
a.m. to 4:30 p.m., Monday through Friday (except Federal holidays), or 
by contacting Bob Edwards, Supervisory Realty Specialist, at the above 
address, or at (775) 623-1500 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: Parcel N-66278 is located approximately 
twenty-three miles west of Winnemucca, Nevada, and has physical and 
legal access via a county-maintained gravel road to the south (N-
53607), and dirt roads on the east and west sides.

Mount Diablo Meridian, Nevada

T. 36 N., R. 34 E.,
    Sec. 20, all;
    Sec. 28, all;
    Sec. 32, lots, 1, 2, 3, 4, NE\1/4\, S\1/2\.

    The area described contains 1,909.58 acres, more or less in 
Humboldt County.

    This parcel of public land, west of Winnemucca, Nevada, is proposed 
for sale at no less than the appraised fair market value (FMV) of 
$143,000.00, 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.
    Parcel N-77446 is located approximately 6 miles northeast of 
Winnemucca, Nevada, and has physical access via various dirt roads to 
the east of the parcel.

Mount Diablo Meridian, Nevada

T. 37 N., R. 39 E.,
    Sec. 26, W\1/2\NE\1/4\, SE\1/4\NE\1/4\, W\1/2\, SE\1/4\;
    Sec. 28, E\1/2\, E\1/2\NW\1/4\, SW\1/4\NW\1/4\, SW\1/4\.
    The area described contains 1,160.00 acres, more or less in 
Humboldt County.

    This parcel of public land, northeast of Winnemucca, Nevada, is 
proposed for sale at no less than the appraised fair market value (FMV) 
of $90,000.00, 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.
    Parcel N-66128 is located approximately 44 miles south of 
Winnemucca, Nevada, in Pershing County and has physical access via 
various dirt roads to the east of the parcel.

Mount Diablo Meridian, Nevada

T. 27 N., R. 38 E.,
    Sec. 2, Lots 3, 4, SW\1/4\NW\1/4\, SW\1/4\SE\1/4\;
    Sec. 3, E\1/2\SE\1/4\;
    Sec. 10, E\1/2\NE\1/4\, NE\1/4\SW\1/4\, W\1/2\SE\1/4\;
    Sec. 11, NE\1/4\SW\1/4\;
    Sec. 14, SW\1/4\NW\1/4\, NW\1/4\SW\1/4\;
    Sec. 15, S\1/2\SE\1/4\;
    Sec. 22, NE\1/4\.

    The area described contains 798.04 acres, more or less in Pershing 
County.
    This parcel of public land is proposed for sale at no less than the 
appraised fair market value (FMV) of $52,000.00, 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.
    None of the parcels are required for any Federal purpose and all 
parcels have been identified for disposal in the Sonoma-Gerlach 
Management Framework Plan, approved January 15, 1999. The parcels, 
therefore, meet the disposal qualification of section 205 of the 
Federal Land Transaction Facilitation Act of July 25, 2000 (43 U.S.C. 
2304) (hereinafter FLTFA). 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)(3), 
in that disposal (sale) of the parcel is appropriate because their 
location or other characteristics make it difficult and uneconomic to 
manage them as part of the public lands. All of these lands are located 
in relatively isolated areas of rural Nevada. These lands are either 
isolated parcels surrounded by private lands or are intermingled with 
private lands thereby making them difficult to manage for any Federal 
purpose. Parcel N-66278 consists of three sections intermingled with 
private lands. Parcels N-77446 and N-66128 consist of fragmented 
parcels that are surrounded by private lands and have no legal access 
across those private lands. The land contains no other known public

[[Page 25331]]

values. The subject parcels have not been identified for transfer to 
the State or any other local government or nonprofit organization. The 
parcels 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, July 12, 2007. Sealed bid opening is to begin at 10 
a.m. PDT, July 13, 2007. The subject lands proposed for sale will be 
put up for purchase and sale, at public auction, beginning at 10 a.m. 
PDT, July 13, 2007. Registration for oral bidding will begin at 8 a.m. 
PDT, July 13, 2007.
    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. 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.
    If any sealed bid presented to BLM prior to the auction is not 
declared the high-bidder, the money will be returned at the auction 
upon proof of identification. If the bidder does not attend the 
auction, the money will be returned according to instructions of the 
bidder.
    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 Winnemucca Field Office, 5100 
E. Winnemucca Blvd., Winnemucca, Nevada 89445. This deposit will be 
forfeited to the BLM if the successful high bidder fails to submit the 
full bid price to the BLM prior to the expiration of 180 days from the 
date of sale, as required by 43 CFR 2711.3-1(d).
    Other deadlines dates for the receipt of payments, and arranging 
for certain payments to be made by electronic transfer, are specified 
below.
    The Environmental Assessment (EA), conducted pursuant to the 
National Environmental Policy Act, was made available for public review 
prior to publication of this notice of realty action. The comment 
period for the EA closed on June 5, 2006. Comments received during the 
comment period for the EA have been considered and incorporated into 
the EA and Decision Record. The EA, Number NV-020-06-EA-10, Decision 
Record, Environmental Site Assessment, map, and approved appraisal 
report covering the proposed sale, are available at the BLM, Winnemucca 
Field Office, Winnemucca, Nevada.
    If the parcels of land are 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 
parcels at auction 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, or upon publication in the Federal Register of 
a termination of the segregation or May 4, 2009 which ever 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 Humboldt 
County, its successor or assignees, by right-of-way N-53607 for Parcel 
N-66278.
    4. The parcels are subject to valid existing rights.
    5. 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 or 
omissions of the patentee, its employees, agents, contractors, or 
lessees, or a third part 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 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 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 waster; 
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, expressed 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. 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 their future uses. It is also the buyer's

[[Page 25332]]

responsibility to be aware of existing or prospective uses of nearby 
properties. Any land lacking access from a public road and highway will 
be conveyed as such, and future access acquisition will be the 
responsibility of the buyer.
    The sale will be subject to FLPMA, and BLM land sale and mineral 
conveyance regulations at 43 CFR Parts 2710 and 2720. Maps, the 
approved appraisal reports, the environmental assessment (EA) and other 
supporting documentation are available at the Winnemucca Field Office, 
Winnemucca, Nevada. Information is also available on line at http://www.nv.blm.gov.
    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 January 9, 2008, 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 parcels 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 
deposit.
    Public Comments:
    The subject parcels of land will not be offered for sale prior to 
60 days after publication of this Notice of Realty Action. For a period 
until June 18, 2007, interested parties may submit written comments to 
the BLM Winnemucca Field Office, 5100 East Winnemucca Blvd., 
Winnemucca, Nevada 89445. 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 Winnemucca Field Office during regular business hours, 
except holidays. Before including your address, phone number, e-mail 
address, or other personal identifying information in your comment, be 
advised that your entire comment including your personal identifying 
information may be made publicly available at any time. While you can 
ask us in your comment to withhold from public review your personal 
identifying information, we cannot guarantee that we will be able to do 
so.
    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 notice 
of realty action will become the final determination of the Department 
of the interior.

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

    Editorial Note: This document was received at the Office of the 
Federal Register on April 30, 2007.

    Dated: December 11, 2006.
Rodger Bryan,
Acting Field Manager, Winnemucca.
[FR Doc. E7-8502 Filed 5-3-07; 8:45 am]
BILLING CODE 4310-HC-P