[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Notices]
[Pages 72609-72611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25406]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVL02000 L58480000.EU0000 241A; N-89322; N-89336; N-89778; MO # 
4500095617]


Notice of Realty Action: Proposed Competitive Sale of Public 
Lands in Lincoln County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) proposes to offer by 
competitive sale three parcels of public land totaling 165.92 acres in 
Lincoln County, Nevada, at no less than the appraised fair market 
values (FMV) of $154,000 for N-89778, containing 12.20 acres; $145,000 
for N-89322 containing 143.72 acres; and $140,000 for N-89336 
containing 10.00 acres. The sale will be subject to the applicable 
provision of the Federal Land Policy and Management Act of 1976 
(FLPMA), as amended, and applicable BLM land sale regulations.

DATES: Interested persons may submit written comments to the BLM at the 
address below. The BLM must receive the comments on or before December 
5, 2016. The sale by sealed bid and oral public auction will be held on 
January 10, 2017, at 1:00 p.m., Pacific Time at the Caliente Railroad 
Depot, 100 Depot Avenue, Caliente, NV 89008. The BLM will start 
accepting sealed bids beginning December 29, 2016. Sealed bids must be 
received at the BLM, Ely District Office no later than 4:30 p.m., 
Pacific Time on January 6, 2017. The BLM will open sealed bids on the 
day of the sale just prior to the oral bidding.

ADDRESSES: Send written comments concerning this notice and submit 
sealed bids to Ely District Office, Bureau of Land Management, 702 N. 
Industrial Way, Ely, NV 89301.

FOR FURTHER INFORMATION CONTACT: Susan Grande, Realty Specialist, Ely 
District Office, 702 N. Industrial Way, Ely, NV 89301 or by telephone 
at 775-289-1809 or by email at [email protected]; or Chris Carlton, Field 
Manager, Caliente Field Office, at 775-726-8100 or by email at 
[email protected] or http://www.blm.gov/nv/st/en/fo/ely_field_office.html. Persons who use a telecommunications device for 
the deaf (TDD) may call the Federal Relay Service at 1-800-877-8339 to 
contact the above individual during normal business hours. The Service 
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 BLM will conduct a competitive sale (N-
89322, N-89336, N-89778) for three parcels totaling 165.92 acres of 
public land in Lincoln County described as follows:

Mount Diablo Meridian

N-89322

Parcel 1

T. 3 S., R. 60 E.,
    Sec. 35, lots 1 and 3.
T. 4 S., R. 60 E.,
    Sec. 1, NW\1/4\SW\1/4\SW\1/4\.
T. 4 S., R. 60 E.,
    Sec. 2, lot 5.
T. 4 S., R. 60 E.,
    Sec. 2, lot 8.
T. 4 S., R. 60 E.,
    Sec. 11, N\1/2\SW\1/4\SE\1/4\.
T. 4 S., R. 60 E.,
    Sec. 11, S\1/2\NW\1/4\SE\1/4\NW\1/4\, S\1/2\NE\1/4\SE\1/4\NW\1/
4\, and S\1/2\SE\1/4\NW\1/4\.

    The area described aggregates 143.72 acres.

N-89336

T. 6 S., R. 61 E.,
    Sec. 29, lots 8 and 9, and S\1/2\SW\1/4\NE\1/4\SW\1/4\.

    The area described contains 10.00 acres.

N-89778

T. 6 S., R. 61 E.,
    Sec. 32, lots 4 and 6.

    The area described contains 12.20 acres.
    The total area aggregates 165.92 acres.

    Upon publication of this Notice in the Federal Register, the 
described land will be segregated from all forms of appropriation under 
the public land laws, except for the sale provisions of FLPMA. Upon 
publication and until completion of the sale, the BLM will no longer 
accept land use applications affecting the identified public lands, 
except applications for the amendment of previously filed right-of-way 
(ROW) applications or existing authorizations to increase the term of 
the grants in accordance with 43 CFR 2807.15 and 2886.15. The 
segregated effect will terminate upon issuance of a patent, publication 
in the Federal Register of a termination of the segregation, or on 
October 22, 2018, unless extended by the BLM State Director, Nevada in 
accordance with 43 CFR 2711.1-2(d) prior to the termination date.
    These tracts of public land meet the disposal criteria consistent 
with Section 203 of FLPMA and the BLM Ely District Record of Decision 
and Approved Resource Management Plan (ROD/RMP) dated August 20, 2008. 
The parcels are suitable for disposal and would be in compliance with 
Public Law 108-424, Lincoln County Conservation, Recreation, and 
Development Act (LCCRDA), enacted on November 30, 2004, and conform to 
the ROD/RMP as referenced in the Lands and Realty objectives LR-8, page 
66; and Appendix B, page B-1. An Environmental Assessment NV-L030-2015-
0027 was prepared and a decision record signed on January 8, 2016. All 
documents including a map and the appraisal for the sale are available 
for review at the BLM Caliente Field Office.
    FLPMA Section 209, 43 U.S.C. 1719(a), states that ``[a]ll 
conveyances of title issued by the Secretary . . . shall reserve to the 
United States all minerals in the lands.'' The BLM prepared a mineral 
potential report dated July 22, 2014, which concluded that no 
significant mineral resource value will be affected by the disposal of 
these parcels. These parcels are not required for any Federal purposes, 
and their disposal is in the public interest and meets the intent of 
the LCCRDA.
    In accordance with the policy direction in 43 CFR Section 2710.0-
6(c)(3)(i), a competitive sale of public land 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 and (B) 
wherever the lands are within a developing or urbanizing area and land 
values are increasing due to their location and interest on the 
competitive market.'' The BLM examined the parcels and found them to be 
consistent with and suitable for disposal using competitive sale 
procedures.
    Competitive Sale Procedures as prescribed by 43 CFR Section 2711.3-
1:
    Sales Procedures: Registration for oral bidding will begin at 12:00 
p.m., Pacific Time at the Depot Building, 100 Depot Avenue, Council 
Chambers Room, Caliente, NV 89008, on the day of the sale. There will 
be no prior registration before the sale date. The public sale auction 
will be through sealed and oral bids. To determine the high bids among 
the qualified bids received, the sealed bids must be received at the 
place of the sale prior to the hour fixed in the notice. They will be 
opened and recorded on the day of the sale. The highest bid above FMV 
of the sealed bids will set the starting point for oral bidding on a 
parcel. Parcels that receive no qualified sealed bids will begin at the 
established

[[Page 72610]]

FMV. Bidders who are participating and attending the oral auction on 
the day of the sale are not required to submit a sealed bid but may 
choose to do so.
    Sealed-bid envelopes must be clearly marked on the lower front left 
corner with the parcel number and name of the sale, for example: ``N-
XXXXX, 3-parcel LCCRDA Land Sale 2016.'' Sealed bids must include an 
amount not less than 20 percent of the total bid amount by certified 
check, bank draft, cashier's check, or U.S. postal money order made 
payable in U.S. dollars to the ``Department of the Interior--Bureau of 
Land Management.'' The BLM will not accept personal or company checks. 
The sealed-bid envelope must contain the deposit and a completed and 
signed ``Certificate of Eligibility'' form stating the name, mailing 
address, and telephone number of the entity or person submitting the 
bid. Certificate of Eligibility and registration forms are available at 
the BLM Caliente Field Office at the address listed in the ADDRESSES 
section and on the BLM Web site at: http://www.blm.gov/nv/st/en/snplma/Land_Auctions.html. Pursuant to 43 CFR 2711.3-1(c), if two or more 
sealed-bid envelopes contain valid bids of the same amount, the bidders 
will be notified via phone or in person to submit another bid within 
ten minutes or to withdraw their original bid. Oral bidding will start 
at the highest sealed-bid amount. If there are no oral bids on the 
parcel, the authorized officer will determine the winning bidder. Bids 
for less than the federally approved FMV will not be qualified.
    The high bidder will be declared the successful bidder in 
accordance with 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(s) to 
purchase will be in accordance with the procedures set forth in 43 CFR 
2711.3-1 (f) and (g).
    Bid Deposits and Payment: A high bidder will be declared by BLM's 
authorized officer. In accordance with 2711.3-1(d), the person declared 
the highest bidder shall submit their bid deposit 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 high 
bidder shall submit a deposit of no less than 20 percent of the 
successful bid by 4:00 p.m., Pacific Time on the day of the sale to the 
BLM, Collections Officers at BLM, Caliente Field Office, 1400 South 
Front Street, Caliente, NV 89008. Failure to submit the bid deposit 
following the close of the sale will result in the forfeiture of the 
bid deposit and the cancellation of the sale. 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. All funds 
submitted with unsuccessful bids will be returned to the bidders or 
their authorized representative upon presentation of acceptable photo 
identification at the BLM Caliente Field Office or by certified mail.
    In accordance with 43 CFR 2711.3-1(d), ``The successful bidder . . 
. shall submit the remainder of the full bid price prior to the 
expiration of 180 days from the date of the sale.'' Failure to pay the 
full purchase price within 180 days of the sale will result in 
forfeiture of the bid deposit. No exceptions will be made. The BLM 
cannot accept the remainder of the bid price at any time following the 
180th day after the sale.
    Arrangements for electronic fund transfer to the BLM shall be made 
a minimum of two weeks prior to final payment. Failure to meet 
conditions established for this sale will void the sale and any funds 
received will be forfeited.
    In order to qualify for a Federal conveyance of title, you must 
meet one of these conditions: (1) A citizen of the United States 18 
years of age or older; (2) A corporation subject to the laws of any 
State or of the United States; (3) A State, State instrumentality, or 
political subdivision authorized to hold property; or (4) An entity 
legally capable of conveying and holding lands or interests therein 
under the laws of the State of Nevada.
    Evidence of United States citizenship is 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 will result in cancellation of the sale and forfeiture of 
the bid deposit. Citizenship documents and Articles of Incorporation 
(as applicable) must be provided to the BLM Caliente Field Office for 
each sale. The successful bidder is allowed 180 days from the date of 
the sale to submit the remainder of the full purchase price.
    The public land will not be offered for sale prior to 60 days from 
the date this Notice is published in the Federal Register. The patents, 
if issued, would be subject to the following terms, conditions, and 
reservations:
    1. A reservation for any right-of-way thereon for ditches or canals 
constructed by the authority of the United States, Act of August 30, 
1890 (43 U.S.C. 945);
    2. A reservation for all mineral deposits in the land so patented, 
and to it or person authorized by it, the right to prospect for, mine, 
or 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 valid existing rights; and
    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 resulting 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; (d) 
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) Other 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.
    No representation, warranty, or covenant of any kind, express or 
implied, is given or made by the United States, its officers or 
employees, as to title, access to or from the above described parcels 
of land, the title of the land, whether or to what extent the land may 
be developed, its physical

[[Page 72611]]

condition, or past, present or future uses, and the conveyance of any 
such parcel will not be on a contingency basis. The buyer is 
responsible to be aware of all applicable federal, state, and local 
government policies and regulations that would affect the subject 
lands. It is also the buyer's responsibility to be aware of existing or 
prospective uses of nearby properties. Lands without access from a 
public road or highway will be conveyed as such, and future access 
acquisition will be the responsibility of the buyer.
    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 
parcel. Encumbrances of record, appearing in the case file are 
available for review during business hours, 7:30 a.m. to 4:30 p.m., 
Pacific Time, Monday through Friday at the Caliente Field 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 ROW within 
the parcels will be given the opportunity to amend the ROW for 
conversion to a new term, including perpetuity, if applicable, or to an 
easement.
    The BLM will notify valid existing ROW holders of their ability to 
convert their complaint ROW to perpetual ROW 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 
Caliente Field Office 30 days before the scheduled closing date. There 
are no exceptions.
    All name changes and supporting documentation must be received at 
the Caliente Field Office 30 days from the date of the high bidder 
letter by 4:00 p.m. Pacific Standard Time. Name changes will not be 
accepted after that date. To submit a name change, the high bidder must 
submit the name change on the Certificate of Eligibility form to the 
BLM, Caliente Field Office in writing. Certificate of Eligibility forms 
are available at the Caliente Field Office and at the BLM Web site at: 
http://www.blm.gov/nv/st/en/fo/ely_field_office.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.
    In order to determine the FMV through appraisal, certain 
extraordinary assumptions and hypothetical conditions are made 
concerning 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.
    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.
    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 personnel identifying 
information from public review, we cannot guarantee that we will be 
able to do so.
    Any comments regarding the proposed date 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 
Interior.

(Authority: 43 CFR 2711.1-2(a) and (c)).


Chris Carlton,
Caliente Field Manager.
[FR Doc. 2016-25406 Filed 10-19-16; 8:45 am]
 BILLING CODE 4310-HC-P