[Federal Register Volume 69, Number 85 (Monday, May 3, 2004)]
[Notices]
[Pages 24183-24184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9891]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-930-1430-EU; N-58575]


Esmeralda County, Nevada; Notice of Realty Action: Direct Sale of 
Public Lands, Esmeralda County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: The following described lands near Dyer, Esmeralda County, 
Nevada, have been examined and found suitable for sale utilizing direct 
sale procedures.

DATES: Comments must be submitted by June 17, 2004.

ADDRESSES: Bureau of Land Management, Tonopah Field Station, 1553 South 
Main Street, Post Office Box 911, Tonopah, Nevada 89049.

FOR FURTHER INFORMATION CONTACT: Wendy Seley, Realty Specialist, at the 
above address or at (775) 482-7800.

SUPPLEMENTARY INFORMATION: The following described lands have been 
appraised at a fair market value (FMV) of $5,500.00.

Mount Diablo Meridian, Nevada

T. 1 S., R. 35 E., Sec. 16, lot 13;

    Totaling 1.35 acres, more or less.

    These lands are being offered for direct sale, pursuant to 43 CFR 
2711.3-3 (a)(5), to The Botner 1992 Family Trust of Dyer, Nevada to 
resolve inadvertent unauthorized use and development. Authority for the 
sale is Section 203 and Section 209 of the Federal Land Policy and 
Management Act of October 21,1976 (43 U.S.C. 1701,1713, 1719). 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 
authority of the United States, Act of August 30, 1890 (43 U.S.C. 945).
    2. Oil, gas, sodium and potassium, and geothermal resources are 
reserved on the land sold; permittees, licensees, and lessees retain 
the right to prospect for, mine, and remove the minerals owned by the 
United States under applicable law and any regulations that the 
Secretary of the Interior may prescribe, including all necessary access 
and exit rights.
    And will be subject to the following:
    1. A right-of-way authorized under the Act of March 4, 1911 (36 
Stat. 1253; 43 U.S.C. 961) for powerline purposes granted to Valley 
Electric Association, its successor or assignees, by right-of-way No. 
NEV-051579.
    2. All existing and valid land uses, including livestock grazing 
leases, unless waived.
    3. Valid existing rights.
    The purchaser/patentee, by accepting patent, agrees 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 arising from the past, present or 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 
and/or occupancy of the patented real property resulting in: (1) 
Violations of Federal, State, and local laws and regulations that are 
now or 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) 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; (5) Other 
activities by which solids or hazardous substances or wastes, as 
defined by

[[Page 24184]]

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 
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 warranty of any kind shall be given or implied as to the 
potential use of the land offered for sale. It is the buyer's 
responsibility to be aware of all applicable 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. In the event of a sale, the unreserved mineral 
interests will be conveyed simultaneously with the sale of the land. 
The remaining unreserved mineral interests have been determined to have 
no known mineral value pursuant to 43 CFR 2720.2(a). Acceptance of the 
sale offer will constitute an application for conveyance of those 
unreserved mineral interests. The purchaser will be required to pay a 
$50.00 non-refundable filing fee for conveyance of the available 
mineral interests. The purchaser will have 30 days from the date of 
receiving the sale offer to accept the offer and to submit a deposit of 
30 percent of the purchase price, the $50.00 filing fee for conveyance 
of mineral interests, and for payment of publication costs. The 
purchaser must remit the remainder of the purchase price within 180 
days from the date the sale offer is received. Payments must be by 
certified check, postal money order, bank draft or cashiers check, 
payable to the U.S. Department of the Interior--BLM. Failure to meet 
conditions established for this sale will void the sale and any monies 
received will be forfeited. This parcel of land located near Dyer, 
Nevada, is being offered for sale through direct sale procedures. The 
land is not required for Federal purposes. The disposal (sale) of the 
parcel would serve an important public objective by resolving the 
management costs of an inadvertent unauthorized use of the public 
lands. As such, these lands meet the criteria found under 43 CFR 
2710.0-3(a)(2). The proposed action is consistent with the objectives, 
goals, and decisions of the Tonopah Resource Management Plan. An 
appraisal report has been prepared by a state certified appraiser for 
the purposes of establishing fair market value (FMV). The appraisal 
report is available for review at the address shown above.
    Publication of this Notice in the Federal Register segregates the 
subject lands from all appropriations under the public land laws, 
including the general mining laws, except sale under the Federal Land 
Policy and Management Act of 1976. The segregation will terminate upon 
issuance of the patent or January 28, 2005, whichever occurs first.
    For a period until June 17, 2004, interested parties may submit 
comments to the Tonopah Field Station Manager at the above address. Any 
adverse comments will be reviewed by the 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. The land will not be offered for sale until July 2, 2004.

    Dated: March 16, 2004.
Raymond C. Lee,
Acting Assistant Field Manager, Tonopah.
[FR Doc. 04-9891 Filed 4-30-04; 8:45 am]
BILLING CODE 4310-HC-P