Realty Action, Nevada

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-930-01-1430-01 N-56905]

Realty Action, Nevada

AGENCY: Bureau of Land Management

ACTION: Notice of Realty Action--Modified Competitive Sale of Public

Lands, Elko County, Nevada.

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SUMMARY: Notice is hereby given that pursuant to Section 203 of the

Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701, 1713),

the BLM will offer for sale under modified sale procedures, at no less

than fair market value, the following described contiguous parcel of

public land which has been found suitable for disposal. The land will

not be offered for sale until at least sixty days after the date of

publication of this notice in the Federal Register.

Mount Diablo Meridian, Nevada

T. 33 N., R. 57 E., MDM

Sec. 2, lot 4, SW\1/4\NW\1/4\, W\1/2\SW\1/4\.

Comprising 160.87 acres, more or less. The appraised fair market

value for the above described parcel is $42,600 or $265.00 per acre.

DATES: The sale offering will be on March 1, 1995, at 10:00 a.m. at the

Bureau of Land Management, Elko District Office, 3900 E. Idaho St.,

Elko, NV 89801.

SUPPLEMENTARY INFORMATION: The lands are being offered for public sale

by the BLM in order to facilitate and enhance land use capability with

an adjoining private landowner. The lands have been specifically

identified as suitable for disposal by the Elko Resource Management

Plan. The land is not needed for any resource program and is not

suitable for management by the Bureau or any other Federal department

or agency. Legal access to the parcel is available via Lower Lamoille

Road (Elko County Road N-46527).

As a condition of sale, in accordance with 43 CFR 4120.3-6(c), the

current grazing permittee will be entitled to receive reasonable

compensation from the successful bidder for the adjusted value of any

authorized range improvements located on the subject parcel. Specific

range improvements involved are described in Environmental Assessment

BLM/EK/PL-94/039 prepared on behalf of the sale.

The locatable and salable mineral estates have been determined to

have no known value. The land is prospectively valuable for oil and

gas. Therefore, the mineral estate, excluding oil and gas, will be

conveyed simultaneously with the surface estate in accordance with

Section 209(b)(1) of FLPMA. Acceptance of a sale offer will constitute

an application for conveyance of the mineral interests. The high bidder

will be required to submit a $50.00 nonrefundable filing fee with the

remainder of the purchase price for conveyance of the mineral interests

specified above. Failure to submit the nonrefundable fee for the

mineral estate within the time frame specified by the authorized

officer will result in cancellation of the sale.

Sale Procedures: The land will be sold by modified competitive sale

procedures with a preference right given to Joseph Key. The sale

procedures will require the bidder to submit a written bid for no less

than the fair market value. Each bid submitted will be accompanied by a

certified check, postal money order, bank draft, or cashiers check for

no less than 20% or 1/5 of the total amount bid for the parcels. Under

modified competitive sale procedures, an apparent high bid will be

declared by the BLM. The apparent high bidder and Joseph Key

(designated bidder) will be notified. The designated bidder will have

15 days from the date of notification to exercise the preference

consideration to meet the high bid. Should the designated bidder fail

to submit a bid that matches the apparent high bid within the specified

time period, the apparent high bidder shall be declared high bidder and

awarded the sale. The apparent high bidder must submit the remainder of

the full bid price prior to expiration of 180 days from the date of the

sale. The amount will be paid by certified check, postal money order,

bank draft, or cashiers check payable to the Department of the

Interior-BLM. Failure to meet the conditions established for this sale

will void the sale and any money received for the sale will be

forfeited as proceeds of the sale to the BLM.

Sealed bids for no less than the appraised fair market value as

determined by government appraisal will be received until February 28,

1995, 4:30 p.m. The bid envelope must be marked on the lower left hand

corner with BLM LAND SALE--DO NOT OPEN and SALE DATE. It is recommended

that all mailed bids be sent via certified mail to District Manager,

Bureau of Land Management, P.O. Box 831, Elko, NV 89803. The bid must

not be for less than the appraised fair market value as specified in

this notice. Bids will only be accepted for the entire parcel. DO NOT

submit a bid for only a portion of the parcel. Each bid submitted will

contain at least 20% or 1/5 of the total amount bid for the parcel. Any

bids not conforming to the sale conditions or received after the above

date and time will be returned to the bidders. In the event that two or

more written high bids have been submitted in the same amount, the

determination of which is to be considered the highest bid shall be by

submission of new sealed bids by those bidders. In the event that no

bids are received on the parcels, the public lands in this sale

proposal would remain for sale, over the counter, for a period of 30

days from date of sale. Interested parties may inquire about the parcel

at the Bureau of Land Management, 3900 E. Idaho St., Elko, Nevada

89801, during the office hours of 7:30 a.m. to 4:30 p.m., Monday

through Friday. The parcel would be available for sale through sealed

bid procedures with all conditions of the sale applying. The BLM may

accept or reject any or all offers or withdraw any land or interest in

land for sale, if, in the opinion of the authorized officer,

consummation of the sale would not be fully consistent with the Act of

October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761).

The patent, when issued, will contain the following reservations 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, 26 Stat.

391; 43 U.S.C. 945.

2. Oil and gas.

And will be subject to:

Those rights for road purposes which have been granted to the Elko

County Board of Commissioners, its successors or assignees, by right-

of-way grant N-46527 under the authority of the Act of October 21, 1976

(90 Stat. 2776; 43 U.S.C. 1761).

Publication of this notice in the Federal Register will segregate

the subject lands from all appropriations under the public land laws,

including the mining laws, mineral leasing laws, and the Geothermal

Steam Act. The segregation will terminate upon issuance of the patent

or other document of conveyance, or upon publication in the Federal

Register of a termination of segregation, or 270 days from date of

publication, which ever occurs first. Federal law requires that all

bidders must be U.S. citizens, 18 years of age or older, or in the case

of corporations, be subject to the laws of any state of the United

States. Proof of these requirements must accompany the bid.

For a period of 45 days from the date of publication of this Notice

in the Federal Register, interested parties may submit comments to the

District Manager, Bureau of Land Management, P.O. Box 831, Elko, Nevada

89803. Any adverse comments will be reviewed by the Nevada State

Director, who may sustain, vacate, or modify this realty action and

issue a final determination. In the absence of timely filed objections

this realty action will become the final determination of the

Department of the Interior.

Dated: December 15, 1994.

Nancy Phelps,

Associate District Manager.

[FR Doc. 94-31534 Filed 12-22-94; 8:45 am]

BILLING CODE 4310-HC-P