[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Notices]
[Pages 38545-38547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16140]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVL01000 L14300000.EU0000 241A; N-86667; 10-08807; MO 
4500012445; TAS: 14X5232]


Notice of Realty Action: Competitive Auction of Public Lands in 
White Pine 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 one 
parcel of public land of approximately 2.5 acres in White Pine County, 
Nevada for competitive sale at not less than the appraised fair market 
value (FMV). 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 the BLM land 
sale and mineral conveyance regulations at 43 CFR 2710 and 2720.

DATES: Interested persons may submit written comments regarding this 
proposed sale of public lands until August 16, 2010. If the BLM 
decision is to proceed with the sale, a sale date and time will be 
announced in local news papers and on the BLM Ely website at least 15 
days in advance of the sale. In no case will the lands be sold prior to 
60 days following publication of this Notice of Realty Action.

ADDRESSES: Written comments may be submitted by mail: BLM Manager, Egan 
Field Office, 702 North Industrial Way, HC 33 Box 33500, Ely, Nevada 
89301; Fax: 775-289-1910, Attn: Cynthia Longinetti; or e-mail: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Cynthia Longinetti at 775-289-1809 or 
e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The following described land is located 
southwest of Ely, Nevada, about 11 miles northwest of Lund, Nevada, at 
the junction of U.S. Highway 6 and State Route 318, and is legally 
described as:

Mount Diablo Meridian, Nevada

T. 13 N., R. 61 E.
    Sec. 9, SW\1/4\NE\1/4\SW\1/4\SW\1/4\.

    The area described contains 2.5 acres, more or less.

    This parcel of public land is proposed for competitive auction at 
not less than the appraised FMV of $6,900. Maps delineating the 
proposed sale parcel will be available for public review at the 
following Web site: http://www.blm.gov/nv/ (click on the Ely District), 
and at the BLM Ely District Office, until August 16, 2010.
    Consistent with Section 203 of FLPMA, the tract of public lands may 
be sold as a result of approved land use planning if the sale of the 
tract meets the disposal criteria. The sale is in conformance with the 
Ely District Record of Decision and Resource Management Plan (RMP), 
approved in August 2008. The BLM has determined that the proposed 
action conforms to the RMP (LR-11) under the authority of FLPMA. The 
lands are also identified as suitable for disposal and are in 
compliance with Public Law 109-432, the Tax Relief and Health Care Act 
of 2006. No significant resource values will be affected by this 
disposal. This parcel is not required for any Federal purposes.
    These public lands have been examined and found suitable for 
disposal using competitive sale procedures at 43 CFR 2711-3-1. The use 
of competitive sale procedures is consistent with 43 CFR 2710.0-
6(c)(3)(i), which states ``this title is the general procedure for 
sales of public lands and may be used where there would be a number of 
interested parties bidding for the lands and (A) wherever in the 
judgment of the authorized officer the lands are accessible and usable 
regardless of adjoining land ownership.''
    If the BLM decides to proceed with the sale, a public auction will 
be scheduled to be held at the BLM Ely District Office, 702 North 
Industrial Way, Ely, Nevada. This oral auction will be a day event. 
Bidding on the subject parcel will begin at the established FMV. At the 
conclusion of the auction, the person declared to have entered the 
highest qualifying oral bid shall submit a bid deposit of not less than 
20 percent of the successful high bid amount. Failure to submit the 
deposit will result in forfeiture of the sale offer. If the high bidder 
is unable to consummate the transaction, the second-highest bidder's 
bid may then be considered for award.

[[Page 38546]]

    Payment must be in the form of a bank draft, cashier's check, 
certified check or U.S. postal money order, or any combination thereof, 
and made payable in U.S. dollars to the Department of the Interior--
Bureau of Land Management, immediately following the close of the sale. 
Personal or company checks will not be accepted. 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 paid.
    The remainder of the purchase price must be paid prior to the 
expiration of the 180th day following the date of the sale offer. 
Failure to pay the full price prior to the expiration of the 180th day 
will disqualify the apparent high bidder and cause the 20 percent bid 
deposit to be forfeited to the BLM. Forfeiture of the 20 percent bid 
deposit is in accordance with 43 CFR 2711.3-1(d). No exceptions will be 
made. Arrangements for electronic fund transfer to BLM for the balance 
due shall be made a minimum of 2 weeks prior to the payment date.
    Terms and Conditions: Certain minerals of the parcel will be 
reserved in accordance with the BLM's Mineral Potential report, dated 
June 2, 2009. An offer to purchase these parcels will constitute an 
application for mineral conveyance of the ``no known value'' mineral 
interests. In conjunction with the final payment, the applicant will be 
required to pay a $50 non-refundable filing fee for processing the 
conveyance of the ``no known value'' mineral interests which will be 
sold simultaneously with the surface interests. The following numbered 
terms, conditions, and reservations will appear on the conveyance 
document for the parcel.
    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. Oil, gas, and geothermal resources 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.
    3. The parcel is subject to valid existing rights.
    4. Under 43 CFR 2711.1-3, the grazing permittee has unconditionally 
waived the 2-year prior notification by signing the proper form.
    5. 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 patentee, 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 and omissions of the patentee, its 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) 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) activities by which solid waste or hazardous 
substances or waste, 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, 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 has been stored for 1 
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, whether or to what extent the land may be 
developed, its physical condition, future uses, or any other 
circumstance or condition. The conveyance of the parcel will not be on 
a contingency basis. However, to the extent required by law, the parcel 
is subject to the requirements of Section 120(h) of the CERCLA.
    Federal law requires that bidders must be (1) United States 
citizens 18 years of age or older; (2) a corporation subject to the 
laws of any state or of the United States; (3) an entity including, but 
not limited to associations or partnerships capable of acquiring and 
owning real property, or interests therein, under the laws of the State 
of Nevada; or (4) a state, state instrumentality, or political 
subdivision authorized to hold real property. U.S. citizenship is 
evidenced by presenting a birth certificate, passport, or 
naturalization papers. Failure to submit the above requested documents 
to the BLM within 30 days from receipt of the high bidder letter shall 
result in the cancellation of the bid.
    Parcels 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 that may appear in the BLM public files for the 
parcel proposed for sale are available for review during business 
hours, 7:30 a.m. to 4:30 p.m., Pacific Time (PT), Monday through 
Friday, at the Ely District Office, except during federally recognized 
holidays.
    The parcel is subject to limitations prescribed by law and 
regulation and prior to patent issuance, a holder of any right-of-way 
within the parcel may be given the opportunity to amend the right-of-
way for conversion to a new term, including perpetuity, if applicable, 
or to an easement.
    The BLM will notify valid existing right-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.
    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 Ely 
District Office prior to 30 days before the bidder's scheduled closing 
date. There are no exceptions.
    All name changes and supporting documentation must be received at 
the Ely District Office 30 days from the date

[[Page 38547]]

on the high bidder letter by 4:30 p.m. PT. Name changes will not be 
accepted after that date. To submit a name change, the apparent high 
bidder must submit the name change on the Certificate of Eligibility 
form to the Ely District Office in writing. Certificate of Eligibility 
forms are available at the Ely District Office and at the BLM Web site 
at: http://www.blm.gov/nv/ (click on the Ely District).
    The 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 Service regulations. 
The BLM is not a party to any 1031 Exchange.
    All sales are made in accordance with and subject to the governing 
provisions of law and applicable regulations.
    In accordance with 43 CFR 2711.3-1(f), the BLM may accept or reject 
any or all offers to purchase, or withdraw any parcel of land or 
interest therein from sale, if, in the opinion of a BLM authorized 
officer, consummation of the sale would be inconsistent with any law, 
or for other reasons.
    If the parcel is not sold by competitive sale auction, it may be 
identified for sale at a later date without further legal notice.
    On publication of this notice and until completion of the sale, the 
BLM is no longer accepting land use applications affecting the parcel 
identified for sale. However, land use applications may be considered 
after completion of the sale if the parcel is not sold.
    In order to determine the FMV, certain assumptions may have been 
made concerning the attributes and limitations of the lands 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 also the buyer's 
responsibility to be aware of existing or prospective uses 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.
    Only written comments will be considered 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 can 
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.

    (Authority: 43 CFR 2711)

Jeffrey A. Weeks,
Field Manager, Egan Field Office.
[FR Doc. 2010-16140 Filed 7-1-10; 8:45 am]
BILLING CODE 4310-HC-P