[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Notices]
[Pages 25465-25468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10268]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVL01000. L158480000.EU0000 241A; N-86674; 12-08807; 
MO4500046714; TAS: 14X5232]


Notice of Realty Action: Modified Competitive Auction of Public 
Lands in Lincoln 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 three 
parcels of land in one sale totaling approximately 26.39 acres in 
Lincoln County, Nevada, by modified competitive sale. Bidding on the 
subject parcels will begin at not less than the appraised fair market 
value (FMV) of $15,800. The BLM has examined these parcels and found 
them suitable for disposal by modified competitive sale. The sale will 
be subject to the applicable provisions of Sections 203 of the Federal 
Land Policy and Management Act of 1976 (FLPMA), 43

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U.S.C. 1713, and the regulations at 43 CFR 2710.

DATES: Comments regarding the proposed sale must be received by the BLM 
on or before July 1, 2013. A sale would not be held prior to 60 days 
following publication of this Notice of Realty Action.

ADDRESSES: Written comments concerning the proposed sale should be sent 
to the BLM Field Manager, Schell Field Office, HC 33 Box 33500, 702 
North Industrial Way, Ely, NV 89301, or email to [email protected].

FOR FURTHER INFORMATION CONTACT: Cynthia Longinetti at 775-289-1809 or 
[email protected]. Persons who use a telecommunications device for the 
deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-
800-877-8339 to contact the above individual during normal business 
hours. The FIRS is available 24 hours a day, 7 days a week, to leave a 
message or question with the above individual. You will receive a reply 
during normal business hours.

SUPPLEMENTARY INFORMATION: The three parcels of land proposed as one 
sale total approximately 26.39 acres. The parcels are located 
approximately 35 miles northeast of Pioche, Nevada in Camp Valley. From 
U.S. Highway 93, take State Highway 322 (Mt. Wilson Back Country Byway) 
approximately 20 miles to Ursine, Nevada and Spring Valley State Park, 
and then travel an additional 15 miles (approximate) on a gravel road 
to the sale parcels. The parcels are legally described as:

Mount Diablo Meridian

T. 4 N., R. 69 E.,
    Sec. 3, lots 7, 8, 9, and 12;
    Sec. 10, lots 2 and 4.

    The area described contains 26.39 acres, more or less, in 
Lincoln County, Nevada.

    A map delineating the proposed sale is available for public review 
at the BLM Ely District Web site: http://www.blm.gov/nv/st/en/fo/ely_field_office.html, and at the BLM Ely District Office at 702 N. 
Industrial Way, Ely, Nevada 89301.
    Consistent with Section 203 of FLPMA, these tracts of public land 
meet the disposal criteria in the approved land use plan and are in 
conformance with the BLM Ely District Final Environmental Impact 
Statement (EIS) and Record of Decision (ROD) approved on November 30, 
2007, and Resource Management Plan (RMP), approved on August 20, 2008. 
The proposed actions conform to the RMP as referenced in the Lands and 
Realty objectives LR-8 and LR-16. The lands are also identified as 
suitable for disposal and are in compliance with Public Law 108-424, 
the Lincoln County Conservation, Recreation, and Development Act 
(LCCRDA), enacted on November 30, 2004. All of these documents, a map, 
and the approved appraisal report for the proposed sale are available 
for review at the BLM Ely District Office. An Environmental Preliminary 
Analysis Real Property was signed by the BLM Ely District Manager on 
July 20, 2010. A Determination of National Environmental Policy Act 
(NEPA) Adequacy was approved on November 8, 2010.
    No significant resource values will be affected by the disposal of 
these parcels. These parcels are not required for any federal purposes.
    The sale, as proposed, would be a public, oral auction and would be 
held at the BLM Caliente Field Office, 1400 South Front Street, 
Caliente, Nevada. Bidding on the sale parcel will begin at the 
established FMV.
    The Lincoln County Commission supports a request by Lee Pearson for 
a modified-competitive sale of the 26.39 acre parcels. Mr. Pearson 
presently resides and conducts a cattle ranching operation on the 
private land that abuts the boundaries of the sale parcel. In 
consideration of the historical uses of the parcels, to protect on-
going uses, assure compatibility of possible uses with adjacent lands, 
and to avoid dislocation of existing users, the BLM authorized officer 
has determined Lee Pearson as the designated bidder for the parcels.
    The modified-competitive sale parcel has been examined and found to 
be consistent with and suitable for disposal using modified-competitive 
sale procedures at 43 CFR 2710.0- 6(c)(1)(3)(ii), which allows an 
existing user to meet the high bid at the public sale. The procedure 
will allow for limited competitive sales to protect on-going uses, to 
assure compatibility of the possible uses with adjacent lands, and 
avoid dislocation of existing users. In accordance with 43 CFR 2711.3-
2(a)(1)(i)(iii)(2)(c) the authorized officer has determined this method 
of sale for historical users. Modified-competitive bidding includes, 
but is not limited to, offering a designated bidder the right to meet 
the highest bid or the right of first refusal to purchase the lands at 
FMV. The highest bid among the qualified bids received for this sale 
will be declared. Refusal or failure to meet the highest bid shall 
constitute a waiver of such bidding provisions.
    Modified-competitive sale procedures: The designated bidder or his 
authorized representative must be present at the oral bid sale. Should 
the designated bidder 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. The designated bidder or his authorized 
representative will have the opportunity to meet and accept the high 
bid as the purchase price of the parcel or to refuse that offer. Should 
the designated bidder or his authorized representative fail to exercise 
the preference consideration offered by the authorized officer to meet 
the high bid as the purchase price at the sale, the high bid will be 
declared the successful bid in accordance with regulations at 43 CFR 
2711.3-2(c), using the procedures specified in 43 CFR 2711.3-1(d), 
competitive bidding procedures, where the highest qualifying bid 
received shall be publicly declared by the authorized officer. 
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.
    The bid deposit payment and the final 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.
    Full payment must be made within 180 days from the date the sale 
offer is received. Failure to pay the full purchase price within 180 
days of the sale will disqualify the sale offer. Failure to pay the 
full purchase price within the allotted time will result in forfeiture 
of the bid deposit in accordance with 43 CFR 2711.3-1(d). No exceptions 
will be made. The BLM cannot accept the full price at any time 
following the expiration of the 180th day after the sale offer(s). 
Arrangements for electronic fund transfer to BLM shall be made a 
minimum of two weeks prior to final payment.
    The Camp Valley (Lincoln County) Mineral Report dated July 11, 
2011, describes the mineral interests pertaining to these lands.
    The LCCRDA Public Law 108-424, Section 102(g)(1), states that 
Federal land described in subsection (a) is withdrawn from all forms of 
entry and appropriation under the public land laws and mining laws and 
that the land segregation will terminate when the land is sold. 
Additionally, in accordance with 43 CFR 2807.15 and

[[Page 25467]]

2886.15, upon publication of this Notice of Realty Action and until 
completion of the sale, the BLM is no longer accepting land use 
applications affecting the identified public land, except applications 
for the amendment of previously filed right-of-way applications or 
existing authorizations to increase the term of the grants.
    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. All minerals, together with the right to prospect for, mine, and 
remove such deposits from the same under applicable law and such 
regulations as the Secretary of the Interior may prescribe shall be 
reserved to the United States.
    3. The parcels are subject to all valid existing rights.
    4. All existing and valid land uses, including livestock grazing 
leases are reserved, unless waived.
    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 described lands have been examined and no evidence was found 
to indicate that any hazardous substances have 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, its officers or employees, as to title, access to or from the 
above described parcels of land, whether or to what extent the land may 
be developed, its physical condition, or past, present or future uses, 
or any other circumstances or condition. The conveyance of any such 
parcels will not be on a contingency basis. However, to the extent 
required by law, the parcels are subject to the requirements of Section 
120(h) of the CERCLA.
    Bidders must demonstrate to the satisfaction of the authorized 
officer that they meet the requirements of 43 CFR 2711.2 to hold real 
property in the United States. Failure to submit documentation 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 
parcels. Encumbrances of record, appearing in the case files for the 
parcels 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 parcels are subject to limitations prescribed by law and 
regulation, and prior to patent issuance, a holder of any right-of-way 
within the parcels 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 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 on the high bidder letter 
by 4:30 p.m. Pacific Time. Name changes will not be accepted after that 
date. To submit a name change, the apparent high bidder(s) 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 the BLM authorized 
officer, consummation of the sale would be inconsistent with any law, 
or for other reasons.
    If there are no acceptable bids, the parcel(s) may remain available 
for sale on a continuing basis in accordance with the competitive sale 
procedures described in 43 CFR 2711.3-1 without further legal notice.
    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

[[Page 25468]]

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, email 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.
    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)

Michael E. Abel,
Acting Schell Field Manager.
[FR Doc. 2013-10268 Filed 4-30-13; 8:45 am]
BILLING CODE 4310-HC-P