[Federal Register: June 9, 2003 (Volume 68, Number 110)]
[Notices]
[Page 34415-34416]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn03-76]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NV-930-1430-EU; N-76239, N-76847, and N-76858]
Notice of Realty Action (NORA) of the Segregation and Competitive
Sale of Public Lands in White Pine County, NV
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Realty Action (NORA) of the segregation and
competitive sale of public lands in White Pine County, Nevada.
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SUMMARY: The public lands listed below in White Pine County, Nevada
have been examined and found suitable for disposal, at not less than
fair market value. In accordance with Section 7 of the Act of June 28,
1934, as amended, 43 U.S.C. 315f and EO 6910, the described lands are
hereby classified as suitable for disposal under the authority of
Sections 203 and 209 of the Federal Land Policy and Management Act of
October 21, 1976 (90 Stat. 2750; 43 U.S.C. 1713, and 1719). Upon
publication of this notice in the Federal Register, the public lands
listed below will be segregated from all other forms of appropriation
under the public land laws, including the general mining laws, and
leasing under the mineral leasing laws.
DATES: Interested parties may submit comments to the Assistant Field
Manager, Nonrenewable Resources, on or before July 24, 2003.
ADDRESSES: Written comments should be addressed to: Bureau of Land
Management, Jeffrey A. Weeks, Assistant Field Manager, Nonrenewable
Resources, HC 33, Box 33500, Ely, NV 89301-9408.
FOR FURTHER INFORMATION CONTACT:
Technical Information: Detailed information concerning the sale,
including the reservations, sale procedures and conditions, planning
and environmental documents, will be available at the Ely Field Office
of the Bureau of Land Management, 702 North Industrial Way, Ely, Nevada
89301-9408 or by contacting Brenda Linnell, Realty Specialist, at the
above address or by telephone (775) 289-1808.
Competitive Land Sale and Segregation: The following described
parcels of land, situated in White Pine County are being offered as a
competitive sale on August 19, 2003.
Mount Diablo Meridian, Nevada
Parcel 1, casefile N-76239 located at:
T. 14 N., R. 64 E.,
Section 32, NW\1/4\, W\1/2\W\1/2\NE\1/4\,
Containing 200.00 acres more or less.
Parcel 2, casefile N-76847 located at:
T. 17 N., R. 55 E.,
Section 6, W\1/2\SW\1/4\SE\1/4\NW\1/4\, a portion of lot 5
generally described as the E\1/2\SE\1/4\SW\1/4\NW\1/4\ (pending
redesignation by supplemental plat as lot 13, Section 6),
Containing 10.00 acres more or less.
Parcel 3, casefile N-76858 located at:
T. 10 N., R. 62 E.,
Section 5, SW\1/4\NE\1/4\, SE\1/4\NW\1/4\,
Containing 80.00 acres more or less.
These lands are not required for any federal purposes. The sale is
consistent with current Bureau planning for this area and would be in
the public interest. The subject lands will be sold for at least fair
market value (FMV) as determined by appraisal. In the event of a sale,
conveyance of the available mineral interests will occur simultaneously
with the sale of the land. The mineral interests being offered for
conveyance have no known mineral value. Acceptance of a sale offer will
constitute an application for conveyance of those mineral interests.
The applicant will be required to pay a $50.00 non-refundable filing
fee in conjunction with the final payment for processing of the
conveyance of the locatable mineral interests.
Each parcel will be offered by sealed bid and at oral auction. All
sealed bids must be received at the BLM Ely Field Office, HC 33 Box
33500, Ely, Nevada 89301-9408, or hand delivered at the BLM Ely Field
Office, 702 North Industrial Way, Ely, Nevada no later than 4:15 PM,
PDT, August 15, 2003. Sealed bid envelopes must be marked on the lower
front left corner with the parcel number and sale date. Bids must be
for not less than the appraised FMV and a separate bid must be
submitted for each parcel. Each sealed bid shall be accompanied by a
bid deposit of not less than 20 percent of the amount bid and full
payment of the $50.00 non-refundable filing mineral fee in the form of
cash, certified check, postal money order, bank draft, cashiers check,
or personal check made payable to ``USDI, Bureau of Land Management.
The highest qualified sealed bid for each parcel will become the
starting bid for the oral bidding. If no bids are received, oral
bidding will begin at the appraised FMV. All parcels will be offered by
oral auction at 10 AM, PDT, August 19, 2003, at the BLM Ely Field
Office, 702 North Industrial Way, Ely, Nevada. Lands will not be
offered for sale until at least 60 days after the date of publication
of this notice in the Federal Register.
The highest qualifying bid for each parcel, whether sealed or oral,
will be declared the high bid. The high bidder, if an oral bidder, must
submit the required bid deposit immediately following the close of the
sale in the form of cash, personal check, bank draft, cashiers check,
money order, or any combination thereof, made payable to the Bureau of
Land Management, for not less than 20 percent of the amount bid. If not
paid by close of the auction, funds must be delivered no later than
4:15 PM, PDT, the day of the sale to the BLM Ely Field Office. Should
the highest bidder default, the next highest bidder will be declared
the high bidder.
The remainder of the full bid price, whether sealed or oral, must
be paid within 180 calendar days of the date of sale. Failure to pay
the full price within the 180 days will disqualify the high bidder and
cause the bid deposit to be forfeited to the BLM. If the highest
qualified bid is rejected or the bidder released from it, the
authorized officer will determine if the parcel shall be reoffered to
the next highest bidder.
If the lands are not sold, they may remain available for sale on a
continuing basis until sold. Sealed bids will be accepted on every
Wednesday (by 4 pm PDT) of each month commencing the first week of
September 2003 till the parcel is sold or by January 23, 2004, at no
less than the fair market value. Sealed bid envelopes must be marked on
the lower front left corner with the parcel number and clearly marked
``SEALED BID: NV-430-1430-EU September 2003, for Parcel as
appropriate. Bid amounts must be stated in the bid and signed. All bids
shall be accompanied by a bid deposit of 20 percent of the amount bid
and full payment of the $50.00 non-refundable filing mineral fee in the
form of cash, certified check, postal money order, bank draft, cashiers
check, or personal check made payable to ``USDI, Bureau of Land
Management. The remainder of the full bid price must be paid within 180
calendar days of the date of sale. Failure to pay the full price within
the 180 days will disqualify the apparent
[[Page 34416]]
bidder and cause the bid deposit to be forfeited to the BLM.
Federal law requires that bidders must be U.S. 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 law of the State of Nevada. Certification of
qualification, including citizenship or corporation or partnership,
must accompany the bid deposit. In order to determine the fair market
value of the subject public lands through appraisal, certain
assumptions have been made on 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
Bureau of Land Management gives notice that these assumptions may not
be endorsed or approved by units of local government. Furthermore, no
warranty of any kind shall be given or implied by the United States as
to the potential uses of the lands offered for sale; conveyance of the
subject lands will not be on a contingency basis. It is the buyers'
responsibility to be aware of all applicable local government policies
and regulations that would affect the subject lands. It is also the
buyers' responsibility to be aware of existing and potential uses for
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 would 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.
The patent, when issued, will contain the following reservation to
the United States:
1. A right-of-way thereon for ditches and canals constructed by the
authority of the United States, Act of August 30, 1890 (43 U.S.C. 945).
2. All oil and gas mineral deposits, and geothermal steam and
associated geothermal resources in the land subject to this conveyance,
including, without limitation, the disposition of these substances
under the mineral leasing laws and Geothermal Steam Act, would be
reserved to the United States. Its permittees, licensees and lessees,
have the right to prospect for, mine and remove the mineral owned by
the United States under applicable law and such regulations as the
Secretary of the Interior may prescribe. This reservation includes
necessary access and exit rights and the right to conduct all necessary
and incidental activities including, without limitation, all drilling,
underground, storage and transportation facilities deemed reasonably
necessary.
3. All land parcels are subject to all valid and existing rights.
Encumbrances of records are available for review during business hours,
7:30 a.m. to 4:30 p.m., Monday through Friday, at the Bureau of Land
Management, Ely Field Office, 702 North Industrial Way, Ely, Nevada.
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.
5. All purchasers/patentees, by accepting a patent, agree to
indemnify, defend, and hold harmless the United States 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 leasees, or any third party, arising out of, or in
connection with, the patentee's use, occupancy, or operations of the
patented real property. The indemnification and hold harmless agreement
includes, but is not limited to, acts and omissions of the patentee and
their employees, agents, contractors, or leasees, 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) Violation 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) 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; (5) Other activities
by which solids or hazardous substances or wastes, 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
resources damages as defined by federal and state laws. 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.
Upon publication of this notice in the Federal Register, the above
described land will be segregated from all other forms of appropriation
under the public land laws, including the general mining laws, and
leasing under the mineral leasing laws. This segregation will terminate
upon issuance of a patent or 270 days from the date of this
publication, whichever occurs first. For a period of 45 days from the
date of publication of this notice in the Federal Register, interested
parties may submit comments regarding this action to the Assistant
Field Manager, Nonrenewable Resources at the address listed above. Any
adverse comments will be reviewed by the State Director who may
sustain, vacate, or modify this realty action. In absence of any
adverse comments, this realty action will become the final
determination of the Department of the Interior. The Bureau of Land
Management may accept or reject any or all offers, or withdraw any land
or interest in the land from sale, if, in the opinion of the authorized
officer, consummation of the sale would not be fully consistent with
FLPMA, or other applicable laws. Any comments received during the
process, as well as the commentor's name and address, will be available
to the public in the administrative record and/or pursuant to the
Freedom of Information Act request. You may indicate for the record
that you do not wish your name and/or address made available to the
public. Any determination by the Bureau of Land Management to release
or withhold the names and/or addresses of those who comment will be
made on a case-by-case basis. A commentor's request to have their name
and/or address withheld from the public release will be honored to the
extent permissible by law.
Dated: April 23, 2003.
Jeffrey A. Weeks,
Assistant Field Manager, Nonrenewable Resources.
[FR Doc. 03-14449 Filed 6-6-03; 8:45 am]