Notice of Realty Action: Competitive Sale of Public Lands in Lincoln County, NV, 46504-46507 [E7-16341]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management
• Land Management Bureau

[Federal Register Volume 72, Number 160 (Monday, August 20, 2007)]
[Notices]
[Pages 46504-46507]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16341]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-040-5870-EU; N-80738, 7-08807]


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

AGENCY: Bureau of Land Management, Department of the Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) proposes to offer for sale 
competitively one parcel of federally owned land in Lincoln County 
located southeast of Alamo, Nevada, which totals approximately 159 
acres, more or less. The sale is authorized under sections 203 and 209 
of the Federal Land Policy and Management Act of 1976 (FLPMA) 43 U.S.C. 
1713 and 1719, respectively.

DATES: Comments regarding the proposed sale must be received by BLM on 
or before October 4, 2007. N-80738 (Parcel B) will be offered for sale 
at a public auction on October 16, 2007. Registration for oral bidding 
will begin at 9 a.m., PDT, and the public auction will begin at 11 
a.m., PDT.

ADDRESSES: Written comments regarding the proposed sale and 
Environmental Assessment (EA) must be submitted by postal service or 
overnight mail to: Field Manager, Bureau of Land Management, Las Vegas 
Field Office, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130.
    More detailed information regarding the proposed sale and the lands 
involved may be reviewed during normal business hours (7:30 a.m. to 
4:30 p.m.) at the BLM Las Vegas Field Office (LVFO). Information is 
also available on the BLM Web site at https://www.nv.blm.gov.
    Pre-registration for oral bidding before the day of the sale may be 
done at the LVFO. The location for sale day registration and the public 
auction will be at the Rapport Executive Retreat, 1 JFDI Way, Alamo, 
Nevada.

FOR FURTHER INFORMATION CONTACT: You may contact the LVFO at (702) 515-
5000 from 7:30 a.m. to 4:30 p.m., Monday through Friday (except Federal 
holidays), and ask for Manuela Johnson, realty specialist. For general 
information on BLM's public land sale procedures,

[[Page 46505]]

refer to the following Web address: https://www.blm.gov/nhp/what/lands/
realty/tenure/sale.htm.

SUPPLEMENTARY INFORMATION: Parcel N-80738 (Parcel B) is located 
southeast of Alamo, Nevada.

Mount Diablo Meridian, Nevada

T. 7 S., R. 61 E.
    Section 9, NE\1/4\.

    The area described contains 159 acres, more or less, in Lincoln 
County.

    This parcel of public land is proposed for competitive sale at no 
less than the appraised fair market value (FMV) as determined by the 
authorized officer after appraisal. Current appraisal for the parcel 
will be available for public review at the LVFO.
    As stated, Parcel B is proposed for sale subject to the applicable 
provisions of sections 203 and 209 of the FLPMA, as well as the BLM 
land sale and mineral conveyance regulations at 43 Code of Federal 
Regulations (CFR) Parts 2710 and 2720. Consistent with the FLPMA 
Section 203, the tract of public lands may be sold as a result of 
approved land use planning; the sale of the tract meets the disposal 
criteria.
    The sale is in accordance with provisions at 43 CFR 2710.0-3(2), 
which state ``Disposal of such tract shall serve important public 
objectives, including but not limited to, expansion of communities and 
economic development, which cannot be achieved prudently or feasibly on 
lands other than public lands and which outweigh other public 
objectives and values, including, but not limited to, recreation and 
scenic values, which would be served by maintaining such tract in 
Federal ownership,'' and 43 CFR 2710.0-3(3), where ``such a tract, 
because of its location or other characteristics is difficult and 
uneconomic to manage as part of the public lands, and is not suitable 
for management by another Federal department or agency.''
    The disposal would be carried out in accordance with section 205 of 
the Federal Land Transaction Facilitation Act of July 25, 2000 (FLTFA) 
(43 U.S.C. 2304), in which the proceeds from the sale of the lands 
would be deposited into the Federal Land Disposal Account.
    These lands are identified as suitable for disposal in the BLM 
Caliente Management Framework Plan approved July 14, 1980 and the 
Caliente Management Framework Plan Amendment (MFP Amendment) and Record 
of Decision (ROD) for the Management of Desert Tortoise Habitat, 
approved September 19, 2000. The proposed disposal action is consistent 
with the objectives, goals, and decisions of the MFP Amendment. The 
identified lands are not needed for any Federal purpose.
    The MFP Amendment and ROD provide that a maximum of 16,926 acres of 
desert tortoise habitat outside areas of critical environmental concern 
(ACEC) may be disposed through the appropriate land laws as identified 
by the U.S. Fish and Wildlife Service (USFWS) under the biological 
opinion (BO) for the Amendment. The identified lands are not needed for 
any Federal purpose, and their disposal would be in the public 
interest.'' This disposal is in accordance with the MFP L-4 and BO 
decision. According to the MFP Amendment, lands identified within 
desert tortoise habitat, but outside of designated Areas of Critcal 
Environmental Concern/Desert Wildlife Management Areas (ACEC/DWMAs), 
may be conveyed for community expansion and public projects. The above 
described lands fall outside the ACEC/DWMAs. The lands are among the 
maximum 16,926 acres available for sale. Lands may be conveyed prior to 
having a USFWS-approved habitat conservation plan in place.
    The BLM provided a 30-day comment period for the EA as part of its 
public involvement. All comments received have been considered and 
incorporated into the EA and decision record. The EA, number NV-040-07-
35, Decision Record, Environmental Site Assessment, map and approved 
appraisal report covering the proposed sale, are available for review 
at the BLM LVFO in Las Vegas, Nevada.

Sale Segregation

    Publication of this Notice in the Federal Register segregates the 
subject lands from all appropriations under the public land laws, 
including the general mining laws, except sale under the Federal Land 
Policy and Management Act of 1976. The segregation will terminate upon 
issuance of the patent, upon publication in the Federal Register of a 
termination of the segregation or August 20, 2009, whichever occurs 
first.

Terms And Conditions

    The patent issued would contain the following numbered 
reservations, covenants, terms and conditions:
    1. All leasable minerals are reserved to the United States, its 
permittees, licensees and lessees, together with the right to prospect 
for, mine, and remove the minerals under applicable law and such 
regulations as the Secretary of the Interior may prescribe, along 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 parcel is subject to valid existing rights.
    4. The parcels are subject to the requirements of Section 120(h) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act, as amended (CERCLA) (43 U.S.C. 9620(h)).
    5. The purchaser/patentee, by accepting a patent, covenant and 
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 or their 
employees, agents, contractors, or lessees, or any third party, arising 
out of or in connection with the patentees' 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 and their 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: (1) Violations of Federal, state, and local 
laws and regulations that are now or may in the future become, 
applicable to the real property; (2) Judgments, claims or demands of 
any kind assessed against the United States; (3) Costs, expenses, or 
damages of any kind incurred by the United States; (4) 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; (5) 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 (6) Natural resource damages as defined by 
Federal and State law. This covenant shall be construed as running with 
the parcels of land patented or otherwise conveyed by the United 
States, 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, will be

[[Page 46506]]

given or made by the United States, its officers or employees, as to 
access to or from the above described parcel of land, the title to the 
land, whether or to what extent the land may be developed, its physical 
condition or its past, present or potential uses, and the conveyance of 
any such parcel will not be on a contingency basis.
    Maps delineating the individual proposed sale parcels are available 
for public review at the BLM LVFO. Current appraisal for the parcel 
will be available for public review at the LVFO.
    If the parcels of land are sold, the locatable mineral interest of 
no known value therein will be sold simultaneously as part of the sale. 
The unreserved mineral interest has been determined, prior to the sale, 
to have no known mineral value pursuant to 43 CFR 2710.2(a). An offer 
to purchase the parcels at auction will constitute an application for 
conveyance of the locatable mineral interest. In conjunction with the 
final payment, the applicant will be required to pay a $50.00 non-
refundable filing fee for processing the conveyance of the locatable 
mineral interests.
    Bids may be received by sealed bid for the proposed parcel prior to 
the auction or orally at the public auction. All sealed bids must be 
received at the LVFO no later than 4:30 p.m., PDT, October 12, 2007. 
Sealed bid envelopes must be marked on the front lower left-hand 
corner: SEALED BID--DO NOT OPEN and with the BLM serial number N-
80738--Parcel B and the sale date October 16, 2007. Bids must not be 
less than the federally approved FMV. The sealed bid shall be 
accompanied by a certified check, money order, bank draft, or cashier's 
check made payable in U.S. dollars to the order of the DOI-Bureau of 
Land Management, for not less than 10 percent or more than 30 percent 
of the amount of the bid. The highest qualified sealed bid for the sale 
parcel will become the starting bid at the oral auction. If no sealed 
bids are received, oral bidding will begin at the FMV, as determined by 
the authorized officer.
    The parcel will be offered for competitive sale by oral auction 
beginning at 11 a.m., PDT, October 16, 2007, at the Rapport Executive 
Retreat, 1 JFDI Way, Alamo, Nevada. Interested parties who will not be 
bidding are not required to register. Interested parties are welcome to 
observe the process, however, bidders will have preference for seating 
if it becomes limited.
    All oral bidders are required to register. Registration for oral 
bidding will begin at 9 a.m., PDT, on the day of the sale and will end 
at 11 a.m., PDT. Oral bidders may pre-register by mail or fax by 
completing the form in the sale folder. Sale folders are available at 
the BLM LVFO.
    On the day of the sale, pre-registered bidders must present a photo 
identification card to receive a bidder number. All other bidders will 
be asked for additional information along with a photo identification 
card. A bidder number will be assigned at the completion of 
registration. Oral bids will be considered only if received at the 
place of sale and made at least for the FMV as determined by the 
authorized officer.
    The highest qualifying bid for the parcel, whether sealed or oral, 
will be declared the high bid. The apparent high bidder, if an oral 
bidder, must submit the full deposit amount to a BLM collection officer 
at the Rapport Executive Retreat Building by 3 p.m., PDT, on the day of 
the sale, either in the form of cash, personal check, bank draft, 
cashier's check, money order, or any combination thereof, made payable 
in U.S. dollars to the order of DOI-Bureau of Land Management, for not 
less than 20 percent of the amount of the successful bid.
    The remainder of the full bid price on any parcel, whether sealed 
or oral, must be paid on or prior to the expiration of 180 calendar 
days after the competitive sale date in the form of a certified check, 
money order, bank draft, or cashier's check made payable in U.S. 
Dollars to the order of the Bureau of Land Management. Personal checks 
will not be accepted for the remainder payment. Failure to pay the full 
price on the parcel or prior to expiration of the 180 days will 
disqualify the apparent high bidder and cause the entire bid deposit to 
be forfeited to the BLM.
    The BLM may accept or reject any or all offers or withdraw the 
parcel of land or interest therein from sale, if, in the opinion of the 
authorized officer, consummation of the sale would not be fully 
consistent with the FLPMA or other applicable laws or are determined 
not to be in the public interest.
    If not sold, the parcel described above in this notice may be 
identified for sale at a later date and/or at another location without 
further legal notice. Upon publication of this notice and until 
completion of the sale, the BLM is no longer accepting land use 
applications affecting the parcel identified for sale. However, land 
use applications may be considered after completion of the sale if the 
parcel is not sold through the sealed or oral bidding procedures, 
provided the authorization will not adversely affect the marketability 
or value of the parcel.
    Federal law requires bidders to be United States citizens 18 years 
of age or older, a corporation subject to the laws of any state or of 
the United States, a state, state instrumentality, or political 
subdivision authorized to hold property, or an entity including, but 
not limited to, associations or partnerships capable of holding 
property or interests therein under the laws of the State of Nevada 
(see 43 CFR 2711.2). Certification of qualification, including United 
States citizenship status, must accompany the bid deposit.
    In order to determine the value, through appraisal of the parcel of 
land proposed to be sold, 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 NORA, the BLM gives notice 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 local government 
policies, laws and regulations that would 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 projected use of 
nearby properties. When conveyed out of federal ownership, the lands 
will be subject to any applicable reviews and approvals by the 
respective unit of local government for proposed future uses, and any 
such reviews and approvals will be the responsibility of the buyer. 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.
    Detailed information concerning the sale, including the 
reservations, sale procedures and conditions, CERCLA and other 
environmental documents, is available for review at the BLM LVFO or by 
calling (702) 515-5224.
    Public Comments: The general public and interested parties may 
submit comments regarding the proposed sale and EA to the Field 
Manager, BLM LVFO. Comments must be received by the BLM no later than 
October 4, 2007. Only written comments submitted by postal service or 
overnight mail will be considered as properly filed. E-mail, facsimile 
or telephone comments will not be considered as properly filed.
    Before including your address, phone number, e-mail 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

[[Page 46507]]

to withhold your personal identifying information from public review, 
we cannot guarantee that we will be able to do so.
    BLM will not consider any anonymous comments. Comments will be 
reviewed by the BLM Nevada State Director, who may sustain, vacate, or 
modify this realty action in whole or in part.

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

John F. Ruhs,
Ely Field Manager.
[FR Doc. E7-16341 Filed 8-17-07; 8:45 am]
BILLING CODE 4310-HC-P