[Federal Register Volume 79, Number 4 (Tuesday, January 7, 2014)]
[Notices]
[Pages 840-842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31597]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVL03000.L58480000.EU0000 241A; N-86209; 14-08807; TAS: 14X5232]


Notice of Realty Action: Modified Competitive Sale (N-86209) of 
Public Land 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 one 
approximately 40-acre parcel of public land in Lincoln County, Nevada, 
by modified competitive sale. Bidding on the subject parcel will begin 
at not less than the appraised fair market value (FMV) of $19,000. The 
BLM identified the parcel for disposal in the 2008 Ely District 
Resource Management Plan and Environmental Impact Statement, and has 
examined the parcel and found it suitable for disposal by modified 
competitive sale. The sale will be subject to the applicable provisions 
of Section 203 of the Federal Land Policy and Management Act of 1976 
(FLPMA), and the regulations at 43 CFR 2710.

DATES: Comments regarding the proposed sale must be received by the BLM 
on or before February 21, 2013. A sale would not be held prior to 60 
days following publication of this Notice of Realty Action. If the BLM 
determines to proceed with the sale, a sale date would be scheduled and 
announced on the Ely District Web site and in The Ely Times at least 15 
days in advance.

ADDRESSES: Written comments concerning the proposed sale should be sent 
to the BLM Field Manager, Caliente Field Office, 1400 South Street, 
P.O. Box 237, Caliente, NV 89008, or email [email protected].

FOR FURTHER INFORMATION CONTACT: Cynthia Longinetti, Realty Specialist, 
at 775-289-1809, or [email protected], or the BLM Ely District Web site: 
http://www.blm.gov/nv/st/en/fo/ely_field_office.html. A map 
delineating the proposed sale is available for public review at the Web 
site and at the BLM Caliente Field Office and at the BLM Ely District 
Office at 702 N. Industrial Way, Ely, NV 89301. 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 parcel is located approximately 20 miles 
southeast of Rachel, Nevada, off State Route 375, on the southern side 
of Tickaboo Valley, and is legally described as:

Mount Diablo Meridian

T. 6 S., R. 57 E.,
    Sec. 25, NW\1/4\NW\1/4\.
    The area described contains 40 acres, in Lincoln County, Nevada.

    This tract of public land meets the disposal criteria consistent 
with Section 203 of FLPMA and is in conformance with the BLM Ely 
District Final Environmental Impact Statement and Record of Decision 
approved on November 30, 2007, and Resource Management Plan (RMP), 
approved on August 20, 2008. The parcel is identified as suitable for 
disposal and its disposal would be in compliance with Public Law 108-
424, the Lincoln County Conservation, Recreation, and Development Act 
(LCCRDA), enacted on November 30, 2004. The proposed action also 
conforms to the 2008 Ely RMP as referenced in the Lands and Realty 
objectives LR-22, page 68; and Appendix B, page B-1. All of these 
documents, a map, and the approved appraisal report for the parcel are 
available for review at the BLM's Ely District Office and Caliente 
Field Office. A Determination of National Environmental Policy Act 
Adequacy was approved on August 11, 2010.
    No significant resource values will be affected by the disposal of 
the parcel. The parcel is 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.
    Steve and Glenda Medlin reside on a long-standing 2.5-acre 
Residential Lease (N-47788) authorized under Section 302 of FLPMA. 
Grazing Permit 2705021 authorized the Medlin's to operate a 
cattle ranching business on the surrounding 37.5 acres within the Bald 
Mountain Grazing Allotment. Over 25 years, the Medlin's built several 
improvements and caused considerable disturbance to the surrounding 
37.5 acres.
    The BLM examined the parcel and found it to be consistent with and 
suitable for disposal using modified competitive sale procedures at 43 
CFR 2710.0-6 (c)(1) and 43 CFR 2711.3-2, which allow for the use of 
modified competitive sales in certain circumstances to assure equitable 
distribution of land among purchasers

[[Page 841]]

or to recognize equitable consideration or public policies. In making 
such a determination, the authorized officer can consider various 
factors including the needs of State and local government, adjoining 
landowners, and historical users. In accordance with 43 CFR 2711.3-
2(a)(2)(c), the authorized officer has determined the modified 
competitive sale is appropriate for this parcel based on historical 
uses. 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 
the designated bidder preference. In consideration of the historical 
uses of the parcel, to protect on-going uses, and to avoid dislocation 
of existing users, the BLM authorized officer has identified Steve 
Medlin as the designated bidder for the sale of this parcel. The 
Lincoln County Commission has expressed support for this designation.
    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. The bid 
deposit of 20 percent is due 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 the 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 the BLM shall be made a 
minimum of 2 weeks prior to final payment. Failure to meet conditions 
established for this sale will void the sale and any monies received 
will be forfeited.
    All minerals for the parcel will be reserved in accordance with the 
BLM's approved Mineral Report, dated July 19, 2010. Information 
pertaining to the reservation of minerals specific to the parcel is 
located in the case file and is available for public review at the BLM 
Office at the addressed listed above.
    The LCCRDA P.L. 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 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.
    Any conveyance document issued would be subject to the following 
terms, conditions, and reservations:
    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 conveyance will be subject to all valid existing rights, 
including right-of-way N-90722 for an access road granted to the 
Lincoln County Road Department commonly known as the Medlin Ranch Road, 
its successors or assigns pursuant to the Act of October 21, 1976 (43 
U.S.C. 1761) is reserved.
    4. By accepting this patent, the purchasers/patentees agree 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: (a) Violations of Federal, State, and local laws and 
regulations that are now or may in the future become, applicable to the 
real property; (b) Judgments, claims or demands of any kind assessed 
against the United States; (c) Costs, expenses, or damages of any kind 
incurred by the United States; (c) 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; (e) 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 (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.
    5. 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 1986, (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.

[[Page 842]]

    6. All Recognized Environmental Concerns located within or adjacent 
to the 40-acre parcel on public land have been removed or cleaned up by 
Steve and Glenda Medlin and inspected for compliance by the BLM. An 
Environmental Site Assessment was approved by the BLM Ely District 
Manager on July 12, 2010.
    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 parcel 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 
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.
    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.
    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 proposed 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 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 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 on the BLM Web site at: http://www.blm.gov/nv/st/en/snplma/Land_Auctions.html.
    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.
    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. 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. 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 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 2711.1-2(a) and (c).

Victoria Barr,
Manager, Caliente Field Office.
[FR Doc. 2013-31597 Filed 1-6-14; 8:45 am]
BILLING CODE 4310-HC-P[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][NOTICES]