Notice of Realty Action: Proposed Competitive Sale (N-89521) of Public Land in White Pine County, NV, 1950-1952 [2015-00350]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 80, Number 9 (Wednesday, January 14, 2015)]
[Notices]
[Pages 1950-1952]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00350]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVL02000 L14300000.EU0000 241A; N-89521; 12-08807; MO #4500069451; 
TAS: 14X1109]


Notice of Realty Action: Proposed Competitive Sale (N-89521) of 
Public Land 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 sell a 40-acre 
parcel of public land in White Pine County, NV by competitive sale. 
Bidding on the subject parcel will begin at not less than the appraised 
fair market value (FMV) of $81,580. The BLM is proposing to use the 
competitive sale procedures consistent with the Federal Land Policy and 
Management Act of 1976 (FLPMA), as amended, and the 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 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.

[[Page 1951]]


ADDRESSES: Bureau of Land Management, Schell Field Office, HC 33 Box 
33500, 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 (N-
89521) for a 40-acre parcel of public land located north of Ely, NV, 
1.3 miles east of U.S. Highway 93, described as follows:

Mount Diablo Meridian, Nevada

T. 16 N., R. 64 E.,
    Sec. 6, E\1/2\NW\1/4\SW\1/4\, E\1/2\SW\1/4\SW\1/4\.

    The area described contains 40.00 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, including the mining law, except for the sale 
provisions of FLPMA. Upon publication of this Notice of Realty Action 
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 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.
    This tract of public land meets the disposal criteria consistent 
with Section 203 of FLPMA, as amended, and the BLM Ely District Record 
of Decision and Approved Resource Management Plan (ROD/RMP) dated, 
August 20, 2008. The parcel is identified as suitable for disposal and 
complies with 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. The proposed 
action conforms to the ROD/RMP as referenced in the Lands and Realty 
objectives LR-11, page 67; and listed in Appendix B, page B-4. All 
supporting documents to include a map and an appraisal report for the 
proposed sale are available for review at the BLM, Ely District Office. 
A Determination of National Environmental Policy Act Adequacy document 
number NV-L020-2011-0007 was completed on April 12, 2011.
    No significant resource value will be affected by the disposal of 
this parcel. This parcel is not required for any Federal purposes, and 
its disposal is in the public interest and meets the intent of the 
WPCCRDA.
    In accordance with 43 CFR 2711.3-1 and 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 parcel (vacant land) and found it to be 
consistent with and suitable for disposal using competitive sale 
procedures.

Competitive Sale Procedures

    Sale procedures: Registration for oral bidding will begin at 1:00 
p.m. Pacific Time at the Ely District Office, 702 North Industrial Way, 
Ely, NV 89301, on the day of the sale. There will be no prior 
registration before the sale date. The public sale auction will be 
through oral bids. 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. In accordance with 2711.3-1(d), the 
person declared the highest bidder should submit their bid payment 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 must submit a deposit of no less that 20 
percent of the successful bid by 4:30 p.m. Pacific Time on the day of 
the sale in the form of a bank draft, cashier's check, certified check, 
or U.S. postal money made payable in U.S. dollars to the ``Department 
of the Interior- Bureau of Land Management.'' Funds must be delivered 
no later than 4:30 p.m. Pacific Time on the day of the sale to the BLM, 
Collection Officers at BLM, Ely District Office, 702 North Industrial 
Way, Ely, NV 89301. Failure to submit the deposit following the close 
of the sale under 43 CFR 2711.3-1(d) will result in forfeiture of the 
bid deposit and the cancellation of the sale. No contractual or other 
rights against the United States may accrue until BLM officially 
accepts the offer to purchase and the full bid price is paid.
    Full payment must be made within 180 days from the date the sale 
offer is received. Failure to pay the full purchase price within the 
allotted time will result in forfeiture of the bid deposit in 
accordance with 43 CFR 2711.3-1(d). No exceptions will be made. The BLM 
cannot accept the full price at any time following the expiration of 
the 180th day after the sale offer. Arrangements for electronic fund 
transfer to 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.
    All mineral interests for the parcel will be reserved to the United 
States. A Mineral Potential Report was completed on May 24, 2011.
    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 patent, 
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, Reservation in 
Patent Right Of Way for Ditches or Canals Act of August 30, 1890 (43 
U.S.C. 945);
    2. A reservation for all minerals deposits in the land 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 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; 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

[[Page 1952]]

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 parcel 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 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 bidders must demonstrate to 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. The parcel 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 for this sale, is available for review during business 
hours, 7:30 a.m. to 4:30 p.m., Pacific Time, Monday through Friday, at 
the BLM, 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 may 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 rights-of-way to perpetual rights-of-way 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, 
Ely District Office prior to 30 days before the scheduled closing date. 
There are no exceptions.
    All name changes and supporting documentation must be received at 
the BLM, 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 high bidder must submit 
the name change on the Certificate of Eligibility form to the BLM, Ely 
District Office in writing. Certificate of Eligibility forms are 
available at the BLM, Ely District Office and at the BLM Web site at: 
https://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 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 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.
    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).

Paul E. Podborny,
Field Manager, Schell Field Office.
[FR Doc. 2015-00350 Filed 1-13-15; 8:45 am]
BILLING CODE 4310-HC-P