[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Pages 40328-40331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17383]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVL03000 L58480000.EU0000 241A; 14-08807; MO #4500116369; TAS: 
14X1109]


Notice of Realty Action: Competitive Sale of Nine Parcels of 
Public Land 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 9 parcels of public land totaling 296.09 acres in 
Lincoln County, Nevada, pursuant to the Lincoln County

[[Page 40329]]

Conservation, Recreation, and Development Act of 2004 (LCCRDA). BLM 
cannot sell land at less than Fair Market Value (FMV), as determined by 
a current appraisal, reviewed and approved by Department of Interior 
Appraisal Valuation and Services Office. For competitive bidding, the 
FMV will determine the beginning point for oral bidding on each parcel. 
The sale will be subject to the applicable provision of the Federal 
Land Policy and Management Act of 1976 (FLPMA), and BLM land sale 
regulations.

DATES: Interested persons may submit written comments to the BLM 
Caliente Field Office at the address listed in the ADDRESSES section. 
The BLM must receive the comments on or before September 28, 2018. The 
sale, by sealed bid and oral public auction, will be held on October 
23, 2018, at 1:00 p.m., Pacific Time, at The Caliente Railroad Depot at 
the address listed in the ADDRESSES section. The BLM will start 
accepting sealed bids beginning October 9, 2018. Sealed bids must be 
received at the BLM, Caliente Field Office no later than 4:30 p.m., 
Pacific Time on October 15, 2018. The BLM will open sealed bids on the 
day of the sale, just prior to the oral bidding.

ADDRESSES: 
     Mail written comments, submit sealed bids and obtain forms 
at: Caliente Field Office, 1400 South Front Street, Caliente, Nevada 
89008.
     Certificate of Eligibility forms are also available at the 
BLM website at: https://www.blm.gov/documents/nevada/frequently-requested/data/certificate-eligibility.
     Registration forms are also available at: https://www.blm.gov/services/electronic-forms.
     Sale Location: Caliente Railroad Depot, 100 Depot Avenue, 
Caliente, NV 89008.

FOR FURTHER INFORMATION CONTACT: Susan Grande, Realty Specialist, Ely 
District Office, 702 North Industrial Way, Ely, Nevada 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]. 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 individuals 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 for 
nine parcels of public land located in Lincoln County, Nevada, 
described as follows:

Mount Diablo Meridian, Nevada

Parcel in Alamo, NV

N-90795, 38.77 acres:
T. 6 S., R. 61 E.,
    Sec. 29, lot 10.

Parcels in Caliente, NV

N-92816, 80.00 acres:
T. 3 S., R. 67 E.,
    Sec. 29, N\1/2\SE\1/4\.
N-95799, 40.00 acres:
T. 3 S., R. 67 E.,
    Sec. 28, SW\1/4\SW\1/4\.

Parcels in Panaca, NV

N-90794, 20.00 acres:
T. 2 S., R. 68 E.,
    Sec. 10, S\1/2\SW\1/4\NW\1/4\.
N-95800, 10.00 acres:
T. 2 S., R. 68 E.,
    Sec. 9, SE\1/4\SE\1/4\NE\1/4\.
N-95801, 40.00 acres:
T. 2 S., R. 68 E.,
    Sec. 9, NE\1/4\SE\1/4\.

Parcels in Pioche, NV

N-90796, 7.32 acres:
T. 1 N., R. 67 E.,
    Sec. 22, lots 2 and 4.
N-95805, 40.00 acres:
T. 1 N., R. 67 E.,
    Sec. 11, SE\1/4\SW\1/4\.
N-95806, 20.00 acres:
T. 1 N., R. 67 E.,
    Sec. 11, E\1/2\SW\1/4\SW\1/4\.

    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 
August 14, 2020, unless extended by the BLM Nevada State Director 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 disposal would be in 
compliance with the 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-
2015-0026 was prepared and a Decision Record was signed on July 21, 
2017. All documents including a map and the summary of appraisals for 
the sale are available for review at the BLM Caliente Field Office.
    FLPMA Section 209, 43 U.S.C. 1719(a), states that ``all 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 14, 2015. Based on that report, BLM 
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.
    Both LCCRDA and FLPMA express a preference that disposal of public 
lands take place through a competitive bidding process. In accordance 
with 43 CFR 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 2711.3-1:
    Sale Procedures: Registration for oral bidding will begin at 9:00 
a.m. Pacific Time at The Caliente Railroad Depot, 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 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

[[Page 40330]]

sale, for example: ``N-XXXXX, 9-parcel LCCRDA Land Sale 2018.'' 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 United 
States postal money order made payable in United States 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.
    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 qualify.
    The highest qualifying sealed bid will be publicly declared in 
accordance with 43 CFR 2711.3-1(d). 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

    BLM's authorized officer will declare a high bidder. In accordance 
with 43 CFR 2711.3-1(d), if the declared highest bid was an oral bid, 
then the 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 United States 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 the BLM, Caliente Field Office, at the 
address listed in the ADDRESSES section. The person declared to have 
entered the highest qualifying bid shall submit payment by cash, 
personal check, bank draft, money order, or any combination for not 
less than one-fifth (20%) of the amount of the bid immediately 
following the close 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, as set forth 
in 43 CFR 2711.2, the conveyee must be: (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.
    Federal law requires that bidders must be: (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, 
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. The high bidder must submit proof of citizenship 
within 25 days from receipt of the high-bidder letter. Citizenship 
documents and Articles of Incorporation (as applicable) must be 
provided to the BLM-LVFO 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, 
together with 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 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

[[Page 40331]]

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 BLM 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 compliant 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 BLM 
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 BLM 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 website 
listed in the ADDRESSES section.
    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.
    In order for your comment to be considered properly filed, it must 
be in writing and submitted by postal service or overnight mail, to the 
Field Manager, BLM Caliente Field Office.
    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 will be reviewed by the BLM Nevada State 
Director or other authorized official of the Department of the 
Interior, who may sustain, vacate, or modify this realty action. In the 
absence of any comments, this realty action will become the final 
determination of the Department of the Interior.

    Authority:  43 CFR 2711.1-2.

Chris Carlton,
Caliente Field Manager.
[FR Doc. 2018-17383 Filed 8-13-18; 8:45 am]
 BILLING CODE 4310-HC-P