[Federal Register Volume 74, Number 142 (Monday, July 27, 2009)]
[Notices]
[Pages 37058-37060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17786]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVB01000.L58740000.EU0000.XFL064F0000; N-79242; 9-08807; TAS: 
14X5232]


Notice of Realty Action; Modified Competitive Sealed-Bid Sale of 
Public Land in Lander County, 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 by 
modified competitive sealed-bid sale, one parcel of public land in 
Antelope Valley totaling 409.34 acres at not less than the fair market 
value (FMV) of $60,000. A description of the method of modified 
competitive bidding to be used and a statement indicating the purpose 
or objective of the bidding procedure selected is specified in this 
notice.

DATES: Written comments regarding the proposed sale will be accepted 
until September 10, 2009. The bidders have until September 25, 2009 to 
submit sealed bids to the Bureau of Land Management (BLM) Battle 
Mountain District Office to the address listed below. Sealed bids will 
be opened no sooner than September 30, 2009 at 3 p.m. Pacific Time.

ADDRESSES: Mail written comments to the BLM Field Manager, Mount Lewis 
Field Office, 50 Bastian Road, Battle Mountain, NV 89820.

FOR FURTHER INFORMATION CONTACT: Nancy Lockridge, e-mail: Nancy 
[email protected] or phone: (775) 635-4000.

SUPPLEMENTARY INFORMATION: The sale will be subject to the applicable 
provisions of Sections 203 and 209 of the Federal Land Policy and 
Management Act of 1976 (FLPMA), 43 U.S.C. 1713 and 1719, respectively, 
and BLM land sale and mineral conveyance regulations at 43 CFR 2710 and 
2720.
    The sale parcel is legally described as:

Mount Diablo Meridian

T. 25 N., R. 42 E.,
    Sec. 1, lots 7 and 8, and SW\1/4\;
    Sec. 12, NW\1/4\.

    The area described contains 409.34 acres, more or less, in 
Lander County.

    The sale is in conformance with the 1986 BLM Shoshone-Eureka 
Resource Management Plan (RMP), approved on February 26, 1986.
    The use of the modified competitive sale method is consistent with 
43 CFR 2711.3-2(a)(1)(ii). Public lands may be offered for sale by 
modified competitive bidding procedures when the authorized officer 
determines it is necessary in order to assure equitable distribution of 
land among purchasers or to recognize equitable considerations or 
public policies. Modified competitive bidding includes, but is not 
limited to, a limitation of persons permitted to bid on a specific 
parcel of land offered for sale. Factors to be considered in 
determining when modified competitive bidding procedures shall be used 
include, but are not limited to, the needs of State and/or local 
government, adjoining landowners, historical users, and other needs for 
the parcel.
    Lander County supports a request by Nevada Hay Company, which is 
owned by Dennis Johnson, for a modified competitive sale. Mr. Johnson 
owns the abutting properties on the east and west boundaries of the 
parcel. The north and south boundaries are public land. Ellison 
Ranching Company is the historical user of the land with a grazing 
permit authorized by the BLM. The sale parcel lacks official public 
access. In consideration of the adjoining landowner and historical uses 
of the parcel, the authorized officer has determined Mr. Johnson and 
Ellison Ranching Company as the bidders for this parcel.
    Bidding Procedures: Sealed bids must be accompanied by not less 
than 20 percent of the bid amount in the form of a certified check, 
postal money order, bank draft, or cashier's check made payable to the 
Bureau of Land Management. Personal checks will not be accepted. If the 
bidders submit a bid

[[Page 37059]]

of the same amount, the determination of which is to be considered the 
highest bid shall be by supplemental bidding. Sealed bid envelopes must 
be clearly marked on the front lower left corner with ``SEALED BID BLM 
LAND SALE, [DATE]'', and the identification number of the parcel ``BLM 
SERIAL NUMBER N-79242''. The bid envelope must also contain the 
completed BLM form, Certificate of Eligibility, stating the name, 
mailing address, and phone number of the entity/person making the bid.
    Sealed bids will be opened and recorded to determine the high 
bidder on September 30, 2009 at 3 p.m. Pacific Time at the BLM Battle 
Mountain District Office. The highest qualifying bidder among the 
qualified bids received for the sale will be declared.
    The bidders or their authorized representative must be present at 
the bid opening. Should the bidders appoint a representative for this 
sale, they must submit in writing a notarized document identifying the 
level of capacity given to their designated representative. This 
document must be signed by both parties. Acceptance or rejection of any 
offer to purchase will be in accordance with the procedures set forth 
in 43 CFR 2711.3-1(f) and (g) of this subpart.
    All funds submitted with sealed bids will be returned to the 
unsuccessful bidder on presentation of photo identification at the 
designated area.
    The successful bidder will be allowed 180 days from the date of the 
sale to submit the remainder of the full bid price declared in the form 
of a certified check, postal money order, bank draft, or cashier's 
check made payable to the Bureau of Land Management. Personal checks 
will not be accepted. Arrangements for electronic fund transfer to BLM 
for the payment balance due shall be made a minimum of 2 weeks prior to 
the payment date. Failure to submit the full bid price prior to the 
expiration of the 180th day following the sale date will result in the 
forfeiture of the 20 percent bid deposit to the BLM in accordance with 
43 CFR 2711.3-1(d). No exceptions will be made.
    Terms and Conditions: No minerals will be reserved to the United 
States in accordance with BLM approved Mineral Potential Report, dated 
October 15, 2007. Information pertaining to the reservation of minerals 
specific to the parcel is located in the case files. Acceptance of the 
offer to purchase this parcel will constitute an application for 
conveyance of unreserved mineral interests. These unreserved mineral 
interests have been determined to have no known mineral value pursuant 
to 43 CFR 2720.0-6 and 2720.2(a). In conjunction with the final 
payment, the applicant for these ``no known value'' mineral interests 
will be required to pay a $50 non-refundable filing fee for processing 
the conveyance of these mineral interests which will be sold 
simultaneously with the surface interests.
    The conveyances issued would contain the following numbered 
reservations, covenants, terms, and conditions:
    1. 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);
    2. A right-of-way for a power line granted to Nevada Energy, its 
successors and assigns, by right-of-way No. N-12841, pursuant to the 
Act of October 21, 1976 (43 U.S.C. 1761);
    3. The parcel is subject to valid existing rights;
    4. By accepting this patent, the patentee 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 patentees, its employees, agents, contractors, or 
lessees, or any third-party, arising out of, or in connection with, the 
patentees 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, its employees, agents, 
contractors, or lessees, or third party arising out of or in connection 
with the use and/or occupancy of the patented real property resulting 
in: (1) Violations of Federal, State, and local laws and regulations 
applicable to the real property; (2) Judgments, claims or demands of 
any kind assessed against the United States; (3) Costs, expenses, 
damages of any kind incurred by the United States; (4) Other releases 
or threatened releases on, into or under land, property and other 
interests of the United States by solid or hazardous waste(s) and/or 
hazardous substances(s), as defined by Federal or state environmental 
laws; (5) Other activities by which solid or hazardous substances or 
wastes, as defined by Federal and State environmental laws were 
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; (6) Or 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; and
    5. Pursuant to the requirements established by section 120(h) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act, 42 U.S.C. 9620(h) (CERCLA), 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 have been stored for 
one year or more, nor had any hazardous substances been disposed of or 
released on the subject property.
    The parcel is subject to reservations for roads, public utilities 
and flood control purposes in accordance with the local governing 
entities' transportation plans.
    No warranty of any kind, express or implied, is given by the United 
States as to title, whether or to what extent the land may be 
developed, its physical condition, future uses, or any other 
circumstance or condition. The conveyance of this parcel will not be on 
a contingency basis.
    The parcel may be subject to land use applications received prior 
to publication of this notice if processing the application would have 
no adverse effect on the marketability of title, or the FMV of the 
parcel. Encumbrances of record, appearing in the case file for the 
parcel offered for sale, are available for review during business 
hours, 7:30 a.m. to 4:30 p.m. Pacific Time, Monday through Friday, at 
the BLM Battle Mountain District Office, except during federally 
recognized holidays.
    Upon publication of this notice and until completion of the sale, 
the BLM is no longer accepting land use applications affecting the 
identified land, except applications for the amendment of previously 
filed right-of-way applications or existing authorizations to increase 
the term of the grant in accordance with 43 CFR 2807.15 and 2886.15. 
Land use applications may be considered after completion of the sale 
for this parcel if the parcel is not sold.
    BLM will notify valid existing rights-of-way holders of their 
ability to convert their compliant rights-of-way to perpetual rights-
of-way or easements. Each valid holder will be notified in writing of 
their rights and then must apply for the conversion of their current 
authorization.
    Federal law requires that bidders must be: (a) A citizen of the 
United States 18 years of age or over; (b) a corporation subject to the 
laws of any State or of the United States; (c) a State,

[[Page 37060]]

State instrumentality or political subdivision authorized to hold real 
property; or (d) an entity legally capable of conveying and holding 
lands or interests therein, under the laws of the State within with the 
lands to be conveyed are located. Where applicable, the entity shall 
also meet the requirements of paragraphs (a) and (b) of this section. 
U.S. citizenship is evidenced by presenting a birth certificate, 
passport, or naturalization papers. Failure to submit the above 
requested documents concurrently with the bid shall result in the 
ineligibility of the bidder.
    Unless other satisfactory arrangements are approved in advance by a 
BLM authorized officer, conveyance of title shall be through the use of 
escrow. Designation of the escrow agent shall be through mutual 
agreement between the BLM and the prospective patentee, and costs of 
escrow shall be borne by the prospective patentee.
    Requests for all escrow instructions must be received by the BLM 
Battle Mountain District Office prior to 30 days before the bidder's 
scheduled closing date. There are no exceptions.
    Within 30 days of the sale, BLM will in writing, either accept or 
reject all bids received. Pursuant to 43 CFR 2711.3-1, a bid is the 
bidder's offer to BLM to purchase the parcel. No contractual or other 
rights against the United States may accrue until BLM officially 
accepts the offer to purchase, and the full bid price is submitted by 
the 180th day following the sale. All name changes and supporting 
documentation must be received at the BLM Battle Mountain District 
Office concurrently with the bid. To change the name on the bidder 
statement, high bidders must notify the BLM Battle Mountain District 
Office in writing, and submit a new bidder statement, which is 
available at the BLM Battle Mountain District Office or in the sale 
brochure, and is to be completed by the intended patentee.
    BLM will not sign any documents related to 1031 Exchange 
transactions. The timing for completion of the exchange is the bidder's 
responsibility in accordance with Internal Revenue Services 
regulations. BLM is not a party to any 1031 Exchange.
    In order to determine the FMV, certain assumptions may 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 BLM advises 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 Federal, State, and local government laws, regulations and 
policies that may affect the subject lands, including any required 
dedication of lands for public uses. It is 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 laws, regulations, and policies of the applicable local 
government for proposed future uses. It will be the responsibility of 
the purchaser to be aware through due diligence of those laws, 
regulations, and policies, and to seek any required local approvals for 
future uses. Buyers should also make themselves aware of any Federal or 
State law or regulation that may impact the future use of the property. 
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.
    Information concerning the sale, appraisals, reservations, sale 
procedures and conditions, CERCLA, maps delineating the sale parcel, 
the FMV of the parcel, mineral potential report, Environmental 
Assessment, and other environmental documents will be available for 
review at the BLM Battle Mountain District Office.
    Public Comments: Only written comments submitted by postal service 
or overnight mail will be considered as properly filed. Electronic 
mail, facsimile or telephone comments will not be considered as 
properly filed. Before including your address, phone number, e-mail 
address, or other personal identifying information in your comment, you 
should be aware that your entire comment--including your personal 
identifying information--may be made publicly available at any time. 
While you may ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.
    Any adverse comments regarding the proposed sale will be reviewed 
by the BLM Nevada State Director, who may sustain, vacate, or modify 
this realty action. In the absence of any adverse comments, this realty 
action will become the final determination of the Department of the 
Interior.

(Authority: 43 CFR 2711)

Douglas W. Furtado,
Field Manager, Mount Lewis Field Office.
[FR Doc. E9-17786 Filed 7-24-09; 8:45 am]
BILLING CODE 4310-HC-P