[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Notices]
[Pages 59055-59058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23339]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNV930000.L14300000.EU0000 241A; N-85116; 13-08807; MO 
4500053892; TAS: 14X5260]


Notice of Realty Action: Modified Competitive Sealed-Bid Sale of 
Public Land at Schoolhouse Butte (N-85116), Humboldt 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 approximately 440 acres in the 
Desert Valley area of Humboldt County, Nevada, at no less than the fair 
market value (FMV) of $44,000. The sale will be conducted pursuant to 
the applicable provisions of Sections 203 and 209 of the Federal Land 
Policy and Management Act of 1976 (FLPMA), as amended, and BLM land 
sale and mineral conveyance regulations.

DATES: The BLM must receive written comments regarding the proposed 
sale on or before November 12, 2013. The BLM will accept sealed bids 
for the offered parcel until November 25, 2013 at 4:30 p.m., Pacific 
Time (PT), at the Winnemucca District Office. If the BLM determines to 
conduct the sale, the sealed bids would be opened on November 25, 2013 
at the Winnemucca District Office at 9:00 a.m., PT.

ADDRESSES: Mail written comments regarding the proposed sale, as well 
as sealed bids, to the BLM Field Manager, Black Rock Field Office, 5100 
East Winnemucca Boulevard, Winnemucca, NV 89445.

FOR FURTHER INFORMATION CONTACT: Julie McKinnon, Realty Specialist at 
email: [email protected], phone: 775-623-1734 or at the address 
in the ADDRESSES section. 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 public lands proposed for sale include 
11 parcels which will be sold as one unit. The lands are approximately 
40 miles northwest of Winnemucca, Nevada, and are legally described as:

Mount Diablo Meridian, Nevada

T. 38 N., R. 32 E.,
    Sec. 16, N\1/2\SW\1/4\, SE\1/4\SW\1/4\, SW\1/4\SE\1/4\;
    Sec. 17, NE\1/4\SE\1/4\;
    Sec. 21, E\1/2\NE\1/4\, NW\1/4\NE\1/4\, NE\1/4\NW\1/4\, S\1/
2\SE\1/4\.

    The above described lands contain 440 acres, more or less, in 
Humboldt County, Nevada.

    The identified lands are not required for any Federal purpose and 
are identified as suitable for disposal and are in compliance with the 
Paradise-Denio Management Framework Plan approved July 9, 1982, 
Paradise-Denio, Sonoma-Gerlach Lands Amendment approved January 15, 
1999, and the 2012-01 Paradise-Denio, Sonoma Gerlach Lands Amendment 
Plan Maintenance documentation, which clarifies the parcel 
identification language in the previously approved 1999 Paradise-Denio, 
Sonoma-Gerlach Lands Plan Amendment.
    A Decision Record and a Finding of No Significant Impact was signed 
July 20, 2010, for Environmental Assessment (EA) DOI-BLM-W010-2010-
0006-EA which analyzed the direct, indirect and cumulative impacts of 
the proposed sale. Three responses were received on the EA with 
suggested clarifications which were incorporated in the document.
    An improved county gravel road bisects those parcels in sections 16 
and 17, otherwise the subject property and portions of the parcels do 
not have legal access or an authorized access right-of-way. Humboldt 
County has a site right-of-way for a man camp and water well to be used 
for domestic purposes, for times when they are performing road work in 
the area.
    Due to the remoteness of these parcels, their proximity to DeLong 
Ranches private property, and a lack of access via a county road or 
authorized right-of-way to all of the parcels, it was determined a 
modified competitive sale

[[Page 59056]]

would be the appropriate method of sale.
    Delong Ranches, Inc., owns the abutting properties on the north, 
south, and west boundaries of the parcels. The parcels are within the 
Jackson Mountain grazing allotment in which the designated bidder has 
an active livestock grazing permit. In consideration of the adjoining 
landowner and historical uses of the parcel, the authorized officer has 
identified Delong Ranches, Inc., as the designated bidder for this 
proposed sale.
    The use of the modified competitive sale method is consistent with 
43 CFR 2711.3-2(a)(1)(i). Public lands may be offered for sale using 
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, offering designated bidders the right to meet the highest 
valid bid. Refusal or failure to meet the highest bid shall constitute 
a waiver of such bidding provisions. Factors to be considered in 
determining when modified competitive 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. 
This notice specifies the procedures for and method of modified 
competitive bidding, and a statement indicating the purpose or 
objective of the bidding procedures.
    Sealed bids for the sale must include an amount not less than 20 
percent of the total bid in the form of a certified check, postal money 
order, bank draft, cashier's check, or any combination thereof, and 
made payable to the Bureau of Land Management. Personal checks will not 
be accepted. Sealed bid envelopes must be clearly marked on the lower 
left corner with ``SEALED BID BLM LAND SALE'' and the identification 
number ``BLM SERIAL NUMBER N-85116.'' 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. The highest qualifying bidder among the qualified bids received 
for the sale will be declared. The modified competitive sale process 
allows the designated bidder the opportunity to meet the high bid.
    The designated bidder or their authorized representatives must be 
present at the bid opening. 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 their 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 immediately following the bid 
opening. Should the designated bidder or their authorized 
representative refuse that offer, the high bid received through sealed 
bid will be declared the successful bid in accordance with regulations 
at 43 CFR 2711.3-2(c). Should the designated bidder meet the highest 
valid bid, a 20 percent deposit immediately following the close of the 
sale must be submitted in the form of a certified check, postal money 
order, bank draft, cashier's check, or any combination thereof, and 
made payable to the Bureau of Land Management. 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 bidders upon 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 in the form of a 
certified check, postal money order, bank draft, cashier's check, or 
any combination thereof, and made payable to the Bureau of Land 
Management. Personal checks will not be accepted. Arrangements for 
electronic fund transfer to the 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. If there are no acceptable bids, the parcel 
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.
    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, 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 which 
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.
    Within 30 days of the sale, the BLM will provide written acceptance 
or rejection of all bids received. Pursuant to 43 CFR 2711.3-1, a bid 
is the bidder's offer to the BLM to purchase the parcel. No contractual 
or other rights against the United States may accrue until the 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 Winnemucca District 
Office within 30 days after the sale. Otherwise, the patent will be 
issued to the name(s) on the bidder statement that is completed and 
submitted. To change the name on the bidder statement, successful 
bidder must notify the Winnemucca District Office in writing, and 
submit a new bidder statement, which is available at the Winnemucca 
District Office or in the sale brochure, and is to be completed by the 
intended patentee.
    Terms and Conditions: No minerals will be reserved to the United 
States in accordance with BLM approved Supplemental Mineral Potential 
Report, dated May 2008.
    In January 2013, a memorandum to the file was completed, analyzing 
the initial and recent Mineral Potential Reports and concluded that the 
overall mineral potential of the studied area is low and that recent 
factors have not increased confidence in potential mineral economic 
viability.
    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.
    Segregation: Pursuant to the requirements of 43 CFR 2711.1-2(d), 
the lands identified above will upon publication in the Federal 
Register of this notice be segregated from all appropriations under the 
public land

[[Page 59057]]

laws, including the mining laws, except for the sale provisions of 
FLPMA. The segregation will terminate upon issuance of the patent, or 
upon publication in the Federal Register of a termination of the 
segregation or 2 years from the date of segregation whichever occurs 
first.
    Upon successful completion of the sale, the patent issued would 
contain the following numbered reservations, covenants, terms and 
conditions:
    1. 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).
    2. The sale lands are subject to all valid existing rights.
    3. A right-of-way for a power line granted to Harney Electric 
Company, its successor or assignees, by right-of-way N-2346, pursuant 
to the Act of March 4, 1911, 36 Stat. 1253 (43 U.S.C. 961).
    4. A right-of-way for an access road granted to Humboldt County, 
its successor or assignees, by right-of-way N-81443, pursuant to the 
Act of October 21, 1976, (43 U.S.C. 1716).
    5. A right-of-way for a buried fiber optic cable granted to Oregon-
Idaho Utilities Inc., its successor or assignees, by right-of-way N-
88990, pursuant to the Act of October 21, 1976, (43 U.S.C. 1716).
    6. A right-of-way for a road maintenance project (man camp and 
water well) granted to Humboldt County, its successor or assignees, by 
right-of-way N-61117, pursuant to the Act of October 21, 1976, (43 
U.S.C. 1716).
    7. 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 
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 third party arising out of or in connection 
with the use and/or occupancy of the patented real property resulting 
in: (a) Violations of Federal, State, and local laws and regulations 
applicable to the real property; (b) Judgments, claims or demands of 
any kind assessed against the United States; (c) Costs, expenses, 
damages of any kind incurred by the United States; (d) 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; (e) 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; or (f) 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.
    8. 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 Sta. 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 1 
year or more, nor have 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 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 these parcels will not be 
on a contingency basis.
    The 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 
parcel offered for sale, are available for review during business 
hours, 7:30 a.m. to 4:30 p.m. PT, Monday through Friday, at the 
Winnemucca 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 these parcels if the parcels are not sold.
    The BLM has notified 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 has been notified in writing of 
their rights and has applied for the conversion of their current 
authorization.
    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 Services 
regulations. The 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 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 individual sale 
parcels, mineral potential report, Environmental Assessment, and other 
environmental documents is available for review at the Winnemucca 
District Office, by calling 775-623-1500 and asking to speak to Julie 
McKinnon, and online at: http://www.blm.gov/nv/st/en/fo/wfo.html.
    Public Comments: Only written comments will be considered as 
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

[[Page 59058]]

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 the public review, we cannot guarantee 
that we will be able to do so.
    Any 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 2710

Gene Seidlitz,
District Manager, Winnemucca.
[FR Doc. 2013-23339 Filed 9-24-13; 8:45 am]
BILLING CODE 4310-HC-P