# Realty Action, Nevada > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-31534 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** December 23, 1994 ## Text 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. ----------------------------------------------------------------------- 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-31534. Public record. Not legal advice.