[Federal Register Volume 70, Number 37 (Friday, February 25, 2005)]
[Notices]
[Pages 9379-9380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3622]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-930-1430-EU; N-77410]


Notice of Realty Action: Segregation Terminated, Direct Sale of 
Public Lands, Washoe County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: A five acre parcel of public land near the town of Gerlach, in 
Washoe County, Nevada, has been examined and found suitable for sale 
utilizing direct sale procedures.

DATES: Comments must be submitted by April 11, 2005.

FOR FURTHER INFORMATION CONTACT: M. Lynn Trost , Realty Specialist, at 
the Bureau of Land Management, Winnemucca Field Station, 5100 E. 
Winnemucca Blvd., Winnemucca, Nevada 89445, or call (775) 623-1500.

SUPPLEMENTARY INFORMATION: The following described public land has been 
found suitable for sale under Section 203 of the Federal Land Policy 
and Management Act (FLPMA) of 1976 (43 U.S.C. 1713). The parcel 
proposed for sale is described as follows:

T. 32 N., R. 23 E.,
    Section 16: SW\1/4\ NW\1/4\ SW\1/4\ NW\1/4\ NW\1/4\, W\1/2\ 
SW\1/4\ SW\1/4\ NW\1/4\ NW\1/4\, and NW\1/4\ NW\1/4\ NW\1/4\ SW\1/4\ 
NW\1/4\.
    Section 17: SE\1/4\ NE\1/4\ SE\1/4\ NE\1/4\ NE\1/4\, E\1/2\ 
SE\1/4\ SE\1/4\ NE\1/4\ NE\1/4\, and NE\1/4\ NE\1/4\ NE\1/4\ SE\1/4\ 
NE\1/4\.

    The area described contains 5 acres. The parcel will be sold at no 
less than the appraised fair market value of $12,500.00.
    These lands are being offered for direct sale, pursuant to 43 CFR 
2711.3-3 (a)(1(2)), to the Gerlach General Improvement District of 
Gerlach, Nevada, the lands being an integral part of a project of 
public importance and speculative bidding would jeopardize a timely 
completion and economic viability of the project. The direct sale 
provides public land for the construction of a water facility to 
accommodate the town of Gerlach's potable water supply. The parcel 
currently houses the Water District's two water tanks and associated 
water transport pipelines, therefore the land is the best choice for 
the water facility.
    The subject lands were segregated for exchange purposes on August 
31, 2004, under serial number N-78918. The exchange segregation on the 
subject lands will be terminated and replaced with the segregation for 
sale described in this notice. The segregation for exchange purposes is 
being terminated in order to allow for sale.
    The above-described lands are hereby classified for disposal in 
accordance with section 7 of the Taylor Grazing Act, 43 U.S.C. 315f, 
Act of June 28, 1934, as amended, and Executive Order 6910. 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. All minerals shall be reserved to the United States of America 
and its assigns, together with 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.
    And will be subject to the following:
    1. Those rights for an electric transmission line which have been 
granted to Sierra Pacific Power Company by Right-of-way N76832, under 
the Act of October 21, 1976 (43 U.S.C. 1761) being 20 feet wide by 
approximately 420 feet long, located in T. 32 N., R. 23 E., Section 16: 
W\1/2\SW\1/4\NW\1/4\NW\1/4\ and Section 17: E\1/2\SE\1/4\NE\1/4\NE\1/
4\.
    2. Those rights for a water pipeline which have been granted to 
Union Pacific Railroad by Right-of-way CC-017565, under the Act of 
February 15, 1901 (31 Stat. 790; 43 U.S.C. 959), being 50 feet wide by 
approximately 460 feet long, located in T. 32 N., R. 23 E., Section 16: 
SW\1/4\NW\1/4\NW\1/4\, and Section 17: SE\1/4\NE\1/4\NE\1/4\.
    3. Those rights for public ingress and egress purposes which have 
been granted to Sierra Pacific Power Company by Right-of-way N-79126 
under the Act of October 21, 1976 (43 U.S.C. 1761), for Godey's Gap 
Road, being 24 feet wide by 420 feet long located in T. 32 N., R. 23 
E., Section 16: NW\1/4\SW\1/4\NW\1/4\NW\1/4\, and Section 17: E\1/
2\SE\1/4\NE\1/4\NE\1/4\.
    4. Those rights for Federal geothermal lease N-77268 granted to 
Western Geothermal Partners, LLC, under the Geothermal Steam Act of 
1970 (30 U.S.C. Section 1001 et seq., as amended), and associated 
regulations 43 CFR part 3200, T. 32 N., R. 23 E., Section 16: SW\1/
4\NW\1/4\NW\1/4\.
    5. 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-

[[Page 9380]]

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 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.
    Federal law requires purchasers to 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 laws of the State of Nevada. Certification 
of qualification, including citizenship or corporation or partnership, 
must accompany the sale deposit.
    In order to determine the fair market value of the subject public 
lands through appraisal, certain assumptions have been made of 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 (BLM) 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, and conveyance of the subject lands will not be 
on a contingency basis. 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. 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 purchaser must remit the remainder of the purchase 
price within 180 days from the date the sale offer is received.
    The purchase price does not include the costs for publishing this 
Notice in the Federal Register. The purchaser will be required to 
reimburse the BLM for all publishing costs of the Notice and for the 
newspaper notification at final payment of the sale parcel. Payments 
must be by certified check, postal money order, bank draft, or 
cashier's 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 Gerlach, 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 being an integral part of a project of 
public importance and speculative bidding would jeopardize a timely 
completion and economic viability of the project. The proposed action 
is consistent with the objectives, goals, and decisions of the 
``Paradise-Denio Management Framework Plan'', and the ``Approved Land 
Amendment and Decision, January 1999.'' An appraisal report has been 
prepared by a state certified appraiser for the purposes of 
establishing fair market value. 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 November 22, 2005, whichever occurs first.
    For a period until April 11, 2005, interested parties may submit 
comments to the Winnemucca Field Manager, Terry A. Reed, 5100 E. 
Winnemucca Blvd., Winnemucca, NV 89445. Comments must be sent by the 
United States Postal Service or private delivery services. Comments 
sent by Facsimile, E-mail, or other electronic means shall not be 
accepted. Comments must be signed with a return address. The BLM will 
not consider anonymous comments. Any comments received during this 
process, as well as the commenter's name and address, will be available 
to the public in the administrative record and/or pursuant to a Freedom 
of Information Act request. You may indicate for the record that you do 
not wish to have 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 commenter's request to have their name and/
or address withheld from public release will be honored to the extent 
permissible by law following proper administrative procedures in 
reaching the decision or any other factor directly related to the 
suitability of the land for a non-competitive sale.
    The Environmental Assessment (EA) and Decision Record (DR) (EA-NV-
020-04-34) for this proposed sale are available for review at the 
Winnemucca Field Office, and on the Winnemucca Field Office Internet 
address at: http://www.nv.blm.gov/winnemucca. Comments submitted 
through the Web site shall not be accepted.
    Any adverse comments will be reviewed by the State Director, who 
may sustain, vacate, or modify this realty action and issue a final 
determination. The Bureau of Land Management may accept or reject any 
or all offers, or withdraw any land or interest in the land from the 
sale, if, in the opinion of the Authorized Officer, consummation of the 
sale would not be fully consistent with the FLPMA or other applicable 
laws or is determined to not be in the public interest. 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 April 26, 2005.

Linda G. Goulter,
Assistant Field Manager Support Services, Winnemucca Field Office.
[FR Doc. 05-3622 Filed 2-24-05; 8:45 am]
BILLING CODE 4310-HC-P