Notice of Realty Action: Competitive Sale of Public Lands (N-87866) in White Pine County, NV, 1948-1950 [2015-00348]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 80, Number 9 (Wednesday, January 14, 2015)]
[Notices]
[Pages 1948-1950]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00348]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVL01000.L14300000.EU0000 LXSS122F0000 241A; N-87866; 12-08807; 
MO#4500066682;TAS: 14X5232]


Notice of Realty Action: Competitive Sale of Public Lands (N-
87866) in White Pine County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Land Management (BLM) proposes to offer by 
competitive sale, a 38.02-acre parcel of public land in White Pine 
County, NV, at no less than the appraised fair market value (FMV) of 
$135,000. The sale will be subject to the applicable provisions of the 
Federal Land Policy and Management Act of 1976 (FLPMA), as amended, and 
applicable BLM land sale regulations.

DATES: Interested parties may submit written comments to the BLM at the 
address below. The BLM must receive your comments on or before March 2, 
2015. The oral auction will be held on April 1, 2015, at 10:00 a.m., 
Pacific Standard Time at the Ely District Office, 702 North Industrial 
Way, Ely, NV 89301.

ADDRESSES: Send written comments concerning the proposed sale to the 
BLM Ely District Office, HC 33 Box

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33500, or 702 North Industrial Way, Ely, NV 89301.

FOR FURTHER INFORMATION CONTACT: Paul Podborny, Schell Field Manager, 
at Ely District Office, 702 N. Industrial Way, Ely, NV 89301, or by 
telephone at 775-289-1800, or by email at ppodborny@blm.gov; or Jill A. 
Moore, Egan Field Manager, by telephone at 775-289-1800, or by email at 
jmoore@blm.gov, or email at https://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 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 BLM will conduct a competitive sale for 
a 38.02-acre parcel of public land located approximately one-quarter 
mile northwest of Ely, NV, in White Pine County NV.

Mount Diablo Meridian, Nevada

T. 16 N., R. 63 E.,
    Sec. 16, lot 4.

    The area described contains 38.02 acres.
    This tract of public land has been identified for disposal by the 
BLM in the Ely District Record of Decision and Approved Resource 
Management Plan (ROD/RMP), dated August 20, 2008, as referenced in the 
Lands and Realty objectives LR-11, page 67, and Appendix B, page B-4. 
Disposal of the Parcel with be conducted consistent with Section 203 of 
FLPMA and Public Law 109-432, the Tax Relief and Health Care Act of 
2006, Title III--White Pine County Conservation, Recreation and 
Development Act (WPCCRDA), enacted on December 20, 2006. This parcel is 
among the 45,000 acres chosen for disposal in accordance with Public 
Law 109-432. The parcel is not required for any other Federal purposes, 
and its disposal would be in the public interest and meets the intent 
of the WPCCRDA.
    The use of the competitive, oral-bid sale method is consistent with 
43 CFR 2710.0-6. Under that provision, public land is being offered for 
sale utilizing competitive bidding procedures when the authorized 
officer determines there would be a number of interested parties 
bidding for the lands and lands are within a developing or urbanizing 
area and land values are increasing due to their location and interest 
on the competitive market. Competitive sale procedures: In accordance 
with 43 CFR 2711.3-1, oral bids may be made by a principal or a duly 
qualified agent. The highest qualifying oral bid received shall be 
publicly declared by the authorized officer. The person declared to 
have entered the highest qualifying bid shall submit payment by 
certified check, U.S. postal money order, bank draft or cashier's check 
made payable to the Department of the Interior--Bureau of Land 
Management for the amount not less than 20 percent of the amount of the 
bid immediately following the close of the sale. The successful bidder 
shall submit the full bid price prior to the expiration of 180 days 
from the date of the sale. Failure to submit the full bid price within 
the allotted time, shall result in cancellation of the sale of the 
specific parcel and the deposit shall be forfeited and disposed of as 
other receipts of sale. In the event the authorized officer rejects the 
highest qualified bid or releases the bidder from it, the authorized 
officer shall determine whether the public lands shall be withdrawn 
from the market or be reoffered.
    The acceptance or rejection of any offer to purchase shall be in 
writing no later than 30 days after receipt of such offer unless the 
officer waives his right to a decision within such 30-day period.
    Until the acceptance of the offer and payment of the purchase 
price, the bidder has no contractual or other rights against the United 
States, and no action taken shall create any contractual or other 
obligations of the United States.
    The WPCCRDA (P.L. 109-432), section 311(h)(1), provides that 
Federal land described in subsection (a) of that Act is withdrawn from 
all forms of entry and appropriation under the public land laws and 
mining laws; all minerals will be retained by the Federal Government. A 
Mineral Potential Report was completed on June 7, 2013.
    Upon publication of this Notice in the Federal Register, the 
described lands will be segregated from all forms of appropriation 
under the public land laws, including the mining laws, except for the 
sale provisions of FLPMA. Upon publication of this Notice 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 segregative effect will 
terminate upon issuance of a patent, publication in the Federal 
Register of a termination of the segregation, or January 16, 2017, 
unless extended by the BLM State Director, Nevada, in accordance with 
43 CFR 2711.1-2(d) prior to the termination date.
    Any conveyance document 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 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 parcel will be subject to all valid existing rights, 
including ROW N-55259 for an access road granted to Tom and Margaret 
Bath; and N-17924 for an overhead power line granted to Mt. Wheeler 
Power, their successors or assigns pursuant to the Act of October 21, 
1976 (43 U.S.C. 1761);
    4. By accepting this patent, the 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 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 substance(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

[[Page 1950]]

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, U.S.C. 9620(h), 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; and
    6. 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 use, or any other circumstances or condition. The conveyance of 
any such parcel will not be on a contingency basis.

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.
    Information concerning the sale, appraisals, reservations, sale 
procedures and conditions, maps, other environmental documents, and 
mineral report are available for review during business hours, 7:30 
a.m. to 4:30 p.m., Pacific Time (PT), 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 ROW within 
the parcel will have 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 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.
    The Ely District Office must receive request for escrow 
instructions 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 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 at the BLM Web site at: https://www.blm.gov/nv/st/en/fo/ely_field_office.
    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 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 
units of local Government may not endorse or approve these assumptions. 
The buyer must 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. 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 make themselves aware of any Federal or State law or 
regulation that may affect the future use of the property. Lands 
lacking access from a public road or highway will be conveyed as such, 
and future access acquisition will be the responsibility of the buyer.
    The BLM will only consider written comments as properly filed. No 
facsimiles, emails, or telephone calls will be considered as validly 
submitted comments. 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).

Jill A. Moore,
Manager, Egan Field Office.
[FR Doc. 2015-00348 Filed 1-13-15; 8:45 am]
BILLING CODE 4310-HC-P