[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Notices]
[Pages 26935-26938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10404]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVL03000 L58480000.EU0000 241 XXX; MO#4500144123]


Notice of Realty Action: Modified Competitive Sale of Two 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 two 
parcels of public land totaling 80 acres in Lincoln County, Nevada, by 
modified competitive sale at not less than each parcel's appraised Fair 
Market Value (FMV) pursuant to the Lincoln County Conservation, 
Recreation, and Development Act of 2004 (LCCRDA). The sale will be 
subject to the applicable provisions of Section 203 of the Federal Land 
Policy and Management Act of 1976 (FLPMA). The BLM has completed an 
Environmental Assessment (EA) for the sale.

DATES: Submit written comments regarding the sale until July 2, 2021. 
The modified competitive sale is to occur by an online auction hosted 
by EnergyNet, the BLM's service provider.
    The online sale will take place on July 21, 2021, at 8:00 a.m., 
Pacific Time, at EnergyNet website at https://www.EnergyNet.com/govt_listing.pl. In advance of the sale and no later than 30 days prior 
to the sale, a sales matrix providing the FMV for each sale parcel will 
be published on the following website: https://www.EnergyNet.com/govt_listing.pl. Parcels may be viewed online at the EnergyNet website 
approximately 10 business days after the posting of this Notice of 
Realty Action in the Federal Register.

ADDRESSES: Mail written comments to the BLM Caliente Field Office 
(CFO), P.O. Box 237 (1400 South Front St.), Caliente, NV 89008-0237.

FOR FURTHER INFORMATION CONTACT: Nicole Cummings by email: 
[email protected], or by telephone: 775-289-1809. For general 
information on previous BLM public land sales go to: https://blm.gov/lccrda. Persons who use a telecommunications device for the deaf (TDD) 
may call the Federal Relay Service (FRS) at 1-800-877-8339 to contact 
the above individual during normal business hours. The FRS 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: In accordance with the LCCRDA, 85 percent of 
the funds generated by this sale will be used for archaeological 
resources, natural resource protection, recreation and wilderness 
planning, and other opportunities in Lincoln County. Additionally, five 
percent of the revenue would go to the State of Nevada General 
Education Fund and 10 percent of the revenue would go to Lincoln 
County.
    In order to determine the FMV through appraisal, the Department of 
the Interior may have made certain extraordinary assumptions and 
hypothetical conditions 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 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 is 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 
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 acquiring future 
access will be the responsibility of the buyer.
    Both parcels of public lands that BLM proposes to offer are in 
Lincoln County; one is located near the town of Panaca and the other 
one is located near the community of Rachel.
    The subject public lands are legally described as:

[[Page 26936]]

Mount Diablo Meridian, Nevada

N-94767, 40 Acres

T. 2 S., R. 67 E.,
    Sec. 23, NE\1/4\NE\1/4\.

N-94728, 40 Acres

T. 4 S., R. 55 E.,
    Sec. 2, SE\1/4\NE\1/4\.

    The areas described aggregate 80 acres, according to the 
official plats of the surveys of said lands on file with the BLM.

    The sale will be held online at https: https://www.EnergyNet.com/govt_listing.pl.
    The BLM will publish this Notice of Realty Action once a week for 
three consecutive weeks in the Lincoln County Record newspaper. Prior 
to the sale, a sales matrix will be published on the following website: 
https://www.EnergyNet.com/govt_listing.pl. The sales matrix provides 
information specific to each sale parcel such as legal description, 
physical location, encumbrances, acreage, and FMV. The FMV for each 
parcel will be available in the sales matrix no later than 30 days 
prior to the sale.
    Information concerning the sale parcels, including encumbrances of 
record, appraisals, reservations, procedures and conditions, 
Comprehensive Environmental Response, Compensation and Liability Act, 
42 U.S.C. 9620(h) (CERCLA), and other environmental documents that may 
appear in the BLM public files for the sale parcels. These BLM public 
files are available for review by appointment only, during business 
hours, from 8:00 a.m. to 4:30 p.m. Pacific Time, Monday through Friday, 
at the BLM CFO, except during Federal holidays.
    This sale is in conformance with the Ely District Record of 
Decision and Approved Resource Management Plan (ROD/RMP) dated August 
20, 2008 (Lands and Realty objectives LR-8, page 66; and Appendix B, 
page B-1, respectively). A parcel-specific Environmental Assessment 
DOI-BLM-NV-L030-2018-0016-EA (https://eplanning.blm.gov/eplanning-ui/project/120483/570), Finding of No Significant Impact, and Decision 
Record September 12, 2019 were completed in connection with this Notice 
of Realty Action.
    Submit comments to the address in the ADDRESSES section. Before 
including your address, phone number, email address, or other 
personally identifiable information in your comment, you should be 
aware that your entire comment--including any personally identifiable 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personally identifiable 
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 or other authorized official of the 
Department of the Interior, who may sustain, vacate, or modify this 
realty action in response to such comments. In the absence of any 
comments, this realty action will become the final determination of the 
Department of the Interior.
    The use of the modified competitive sale method is consistent with 
43 CFR 2711.3-2. Public lands may be offered for sale by modified 
competitive bidding procedures when the authorized officer determines 
it is necessary based on public policies. Following Centers for Disease 
Control recommendations to coordinate with state and local health 
officials on mitigating the risk of COVID-19 transmission, the BLM has 
determined that utilizing an online auction would maximize the 
opportunity for public input and involvement while prioritizing the 
health and safety of BLM employees and the interested public. This 
approach is consistent with the State of Nevada's current COVID-19 
Mitigation and Management Guidance for Safe Gatherings, which limits 
the size of public gatherings to 250 individuals, or 50 percent 
occupancy (whichever is fewer). While local guidance is subject to 
change over time, the BLM's requirements to provide advance public 
notification regarding the sale and procedures for participation, limit 
our ability to adapt or change with updated guidance. Therefore, the 
BLM will adhere to holding this sale online, as this method offers the 
most assurance that a sale can be conducted whether or not COVID-19 
restrictions are lessened or increased.
    Sale procedures and registration process:
    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.
    The successful bidder must submit proof of citizenship or articles 
of incorporation within 30 days from receipt of acceptance of bid 
letter. Evidence of United States citizenship is a birth certificate, 
passport, or naturalization papers. Citizenship documents or Articles 
of Incorporation (as applicable) must be provided to the BLM CFO for 
each sale.
    To participate, prospective buyers must create an EnergyNet 
account, complete the EnergyNet Bidding Terms Agreement, request a 
bidding allowance, register for the BLM Nevada LCCRDA Spring 2021 Land 
Sale, and obtain a bidder number. Registration for online bidding will 
be available prior to the sale date at EnergyNet's website (https://www.EnergyNet.com/govt_listing.pl). When the auction website becomes 
active, potential bidders may obtain information on it regarding how to 
submit competitive online bids via the internet for the sale by 
clicking on the orange ``Register for Sale'' button on the blue ``BLM 
Nevada LCCRDA Spring 2021 Land Sale'' banner. Additional information on 
how to register at EnergyNet may be found at https://www.energynet.com/page/Government_Listings_Participation.
    Assistance creating an EnergyNet account and registering for the 
sale is available by telephoning the EnergyNet Government Resources 
department at 877-351-4488 and by using the following link to create a 
Buyer's Account: https://www.EnergyNet.com/bidder_reg.pl?registration_choice=government. After the account is 
created, follow the link ``Submit Bank Information Online'' and fill in 
the form with the following information:

 Bank Name
 Banker's Name
 Telephone Number of Banker
 Address of Bank
 Requested Bid Allowance Amount

    EnergyNet will verify the Bank Name is a recognized financial 
institution and contact the banker to ask if the prospective buyer has 
the financial means to cover the requested Bid Allowance, which is the 
limit or ceiling for bids and is NOT recorded as a bid or offer per 
property at auction. Upon receiving an affirmative answer, the 
allowance will be granted.
    Important notes regarding your Bid Allowance: Requesting a bidding 
allowance may require approximately five (5) business days to determine 
bidder's financial qualifications. For security reasons, Bidders must 
contact their Banker and grant permission to speak to EnergyNet about 
their Bid Allowance request. EnergyNet will not request the account 
balance or ask any questions about assets or lines of credit. EnergyNet 
will not request the bank account number, nor will they have the 
ability to withdraw funds.

[[Page 26937]]

    The auction website is open to the public. The internet-based land 
sale can be observed in real-time. However, you must register as a 
bidder on the website, in advance, in order to submit bids for a 
parcel. The auction website will be active and available for use 
approximately 10 days after the date of this Notice and will remain 
available for viewing until the completion of the auction. The 
available parcels listed in this Notice will be detailed on the 
EnergyNet. Interested parties may visit the website at any time. 
Potential bidders may register for the online auction as soon as the 
auction website is active.
    Potential bidders are encouraged to visit the website prior to the 
start of the open bidding period to become familiar with the site and 
review the bidding instructions available at https://www.energynet.com/page/Government_Listings_Participation. Supporting documentation is 
available on the website to familiarize new users to the process and 
answer frequently asked questions.
    Payments to the BLM will not be made through the auction website. 
At the conclusion of the final parcel's bidding period, the successful 
bidder for each parcel will be provided instructions by the online 
auction system via email on how to make the required payment to the 
BLM. In addition, you will be required to pay a commission fee to 
EnergyNet of 1.5 percent (a percentage) of the highest qualifying bid 
for each parcel purchased by successful bidders. EnergyNet will be 
submitting a separate invoice via email to each successful bidder for 
the total amount due to the BLM and a separate invoice for the amount 
due to EnergyNet.
    Parcels will begin online bidding at the established FMV. Each 
parcel will have its own unique open bidding period, with start and 
stop times clearly identified on the auction website. The open bidding 
period for each parcel will run for three hours from start to finish, 
and only bids placed during this three-hour period will be accepted. 
Each parcel will close bidding sequentially so that each bidder will 
know if they are the highest winning bid before subsequent parcels 
close. The website will display each current high bid, and the high bid 
bidder's number.
    The online system allows participants to submit maximum bids, which 
is the highest amount a bidder is willing to pay for each parcel to 
enable a bidder to participate in the online auction without having to 
be logged into the website at the time the auction period closes. The 
auction website provides a full explanation of placing maximum bids, as 
well as an explanation of how they work to place bids on your behalf to 
maintain your high bidder status up to the chosen maximum bid amount. 
The BLM strongly encourages potential bidders to review the bidding 
tutorial, in the Frequently Asked Questions area on the auction website 
in advance of the sale. EnergyNet will declare the highest qualifying 
bid as the high bid. The successful bidder must submit a deposit of not 
less than 20 percent of the successful bid amount by 4:00 p.m., Pacific 
Time, immediately following the close of the sale in the form of a 
certified check, postal money order, electronic fund transfer, bank 
draft, or cashier's check made payable in U.S. dollars to the 
``Department of the Interior, Bureau of Land Management.''
    The BLM will send the successful bidder(s) an acceptance of bid 
letter with detailed information for full payment. In accordance with 
43 CFR 2711.3-1(d), the successful bidder will forfeit the bid deposit 
if they fail to pay the full purchase price within 180 days of the 
sale. The BLM will make no exceptions. The BLM cannot accept the 
remainder of the bid price at any time following the 180th day after 
the sale.
    If a bidder is the apparent successful bidder with respect to 
multiple parcels and that bidder fails to submit the minimum 20 percent 
bid deposit resulting in default on any single parcel following the 
sale, the BLM may cancel the sale of all parcels to that bidder. If a 
successful bidder cannot consummate the transaction for any reason, the 
BLM may consider the second highest bidder to purchase the parcel. If 
there are no acceptable bids, a parcel may remain available for sale on 
a future date without further legal notice.
    The BLM CFO must receive the request for escrow instructions prior 
to 30 days before the prospective patentee's scheduled closing date. 
There are no exceptions.
    All name changes and supporting documentation must be received at 
the BLM CFO by 4:30 p.m. Pacific Time, 30 days from the date on the 
high-bidder letter. There are no exceptions. To submit a name change, 
the apparent successful bidder must submit the name change in writing 
on the Certificate of Eligibility form to the BLM CFO.
    The BLM must receive the remainder of the full bid price for the 
parcel no later than 4:30 p.m. Pacific Time, within 180 days following 
the day of the sale. The successful bidder must submit payment in the 
form of a certified check, postal money order, bank draft, cashier's 
check, or make available by electronic fund transfer payable in U.S. 
dollars to the ``Department of the Interior--Bureau of Land 
Management'' to the BLM CFO. The BLM will not accept personal or 
company checks.
    Arrangements for electronic fund transfer to the BLM for payment of 
the balance due must be made a minimum of two weeks prior to the 
payment date. The BLM will not sign any documents related to 1031 
Exchange transactions. The bidder is responsible for timing for 
completion of such an exchange. The BLM cannot be a party to any 1031 
Exchange.
    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 within 30 days, if the BLM authorized 
officer determines consummation of the sale would be inconsistent with 
any law, or for other reasons as may be provided by applicable law or 
regulations. 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.
    According to the LCCRDA, Public Law 108-424 section 102(g), lands 
identified within the Ely Resource Management Plan are withdrawn from 
location and entry under the mining laws and from operation under the 
mineral leasing and geothermal leasing laws until such time as the 
Secretary of the Interior (Secretary) terminates the withdrawal or the 
lands are patented.
    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 the FLPMA. Upon 
publication of this Notice and until completion of this sale, the BLM 
will no longer accept land use applications affecting the parcels 
identified for sale. 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. The segregated effect of this Notice 
terminates upon issuance of a patent or other document of conveyance to 
such lands, publication in the Federal Register of a termination of the 
segregation. The total segregation period may not exceed two years 
unless it is extended by the BLM State Director, Nevada prior to the 
termination date in accordance with 43 CFR 2711.1-2(d).
    Terms and Conditions: 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.'' Accordingly, 
all minerals for the sale

[[Page 26938]]

parcels will be reserved to the United States. The patents, when 
issued, will contain a mineral reservation to the United States for all 
minerals.
    In response to requests to clarify this mineral reservation as it 
relates to mineral materials, such as sand and gravel, we refer 
interested parties to the regulations at 43 CFR 3601.71(b), which 
provides that the owner of the surface estate of lands with reserved 
Federal minerals may ``use a minimal amount of mineral materials for . 
. . personal use'' within the boundaries of the surface estate without 
a sales contract or permit. The regulation provides that all other use, 
absent statutory or other express authority, requires a sales contract 
or permit. The BLM refers interested parties to the explanation of this 
regulatory language in the preamble to the final rule published in the 
Federal Register in 2001, available at https://www.federalregister.gov/d/01-29001, which stated that minimal use ``would not include large-
scale use of mineral materials, even within the boundaries of the 
surface estate'' (66 FR 58894). Further explanation is contained in BLM 
Instruction Memorandum No. 2014-085 (April 23, 2014), available on 
BLM's website at https://www.blm.gov/policy/im-2014-085.
    The parcels are subject to limitations prescribed by law and 
regulation, and certain encumbrances in favor of third parties. Prior 
to patent issuance, a holder of any Right-of-way (ROW) within the sale 
parcels will have the opportunity to amend its ROW for conversion to a 
new term, including in perpetuity if applicable, or to an easement. The 
BLM will notify valid existing ROW holders of record of their ability 
to convert their compliant ROWs to perpetual ROWs or easements. In 
accordance with Federal regulations at 43 CFR 2807.15, once notified, 
each valid holder may apply for the conversion of their current 
authorization.
    The following numbered terms and conditions will appear on the 
conveyance documents for the sale parcels:
    1. All mineral deposits in the lands so patented, and to it, or 
persons authorized by it, the right to prospect for, mine, and remove 
such deposits from the same under applicable law and regulations to be 
established by the Secretary are reserved to the United States, 
together with all necessary access and exit rights;
    2. 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);
    3. The parcels are subject to valid existing rights;
    4. The parcels are subject to reservations for roads, public 
utilities, and flood control purposes, both existing and proposed, in 
accordance with the local governing entities' transportation plans; and
    5. An appropriate indemnification clause protecting the United 
States from claims arising out of the lessee's/patentee's use, 
occupancy, or occupations on the leased/patented lands.
    To the extent required by law, the parcel is subject to the 
requirements of Section 120(h) of the CERCLA, as amended. Accordingly, 
notice is hereby given that the lands have been examined and no 
evidence was found to indicate that any hazardous substances have been 
stored for one year or more, nor that any hazardous substances have 
been disposed of or released on the subject properties.
    No warranty of any kind, express or implied, is given by the United 
States as to the 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 a parcel will not be on a 
contingency basis.

    Authority: 43 CFR 2711.1-2.

Shirley Johnson,
Field Manager, Caliente Field Office.
[FR Doc. 2021-10404 Filed 5-17-21; 8:45 am]
BILLING CODE 4310-HC-P