[Federal Register Volume 70, Number 158 (Wednesday, August 17, 2005)]
[Notices]
[Pages 48437-48438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16315]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-056-5870-EU; N-78406]


Non-Competitive Sale of Reversionary Interest, Portion of 
Recreation and Public Purposes Act Patent Number 27-80-0056

AGENCY: Bureau of Land Management, Department of the Interior.

ACTION: Notice of realty action.

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SUMMARY: The State of Nevada has filed an application with the Bureau 
of Land Management (BLM) to purchase, at fair market value, 102.5 acres 
of land in Clark County, Nevada, free and clear of a reversionary 
interest held by the United States, pursuant to a direct sale conducted 
in accordance with the Federal Land Policy and Management Act of 1976.

DATES: For a period until October 3, 2005, interested parties may 
submit comments to the Field Manager, BLM Las Vegas Field Office.

ADDRESSES: Las Vegas Field Office, Bureau of Land Management, 4701 N. 
Torrey Pines Drive, Las Vegas, NV 89130.

FOR FURTHER INFORMATION CONTACT: Shawna Woods, Realty Specialist, (702) 
515-5099.

SUPPLEMENTARY INFORMATION: The following described land in Clark 
County, Nevada, was patented to the State of Nevada, Division of State 
Lands, pursuant to the Act of June 14, 1926 (44 Stat. 741, as amended; 
43 U.S.C. 869 et seq.), on December 17, 1979, for a state prison (N-
11732-02).

Mount Diablo Meridian, Nevada

T. 25 S., R. 59 E.
    Portions of section 12 and section 13 as described in patent 27-
80-0056.

    Containing 480.00 acres, more or less.

    Pursuant to the Recreation and Public Purpose (R&PP) Act, the 
United States retained and continues to hold a reversionary interest in 
the above described land. If the State of Nevada attempts to transfer 
the title to, or control over, the land to a ``for profit'' entity, or 
if the land is devoted to a ``for

[[Page 48438]]

profit'' use, the land, as stated in the Act, ``shall revert to the 
United States'' (43 U.S.C. 869-2(a)). The State of Nevada proposes to 
change the use of the 102.5 acre parcel, located wholly within the 
above described 480 acre tract of land from a State prison use to a 
commercial (for profit) work related, privately owned industrial 
facility. If pursued, this new use would trigger the R&PP Act reverter 
or require its enforcement. Consequently, the State of Nevada has 
applied to the BLM to purchase, pursuant to section 203 of the Federal 
Land Policy Management Act of 1976 (Pub. L. 94-579), as amended, 43 
U.S.C. 1713, of the following described parcel of land, free and clear 
of the R&PP Act reversionary interest of the United States, as 
pertaining to the particular parcel:

Mount Diablo Meridian, Nevada

T. 25 S., R. 59 E.
    Section 12: NE\1/4\NE\1/4\SW\1/4\SE\1/4\, E\1/2\NW\1/4\NE\1/
4\SW\1/4\SE\1/4\, S\1/2\NE\1/4\SW\1/4\SE\1/4\, E\1/2\NE\1/4\SW\1/
4\SW\1/4\SE\1/4\, SE\1/4\SW\1/4\SW\1/4\SE\1/4\, SE\1/4\SW\1/4\SE\1/
4\, SE\1/4\SE\1/4\
    Section 13: NE\1/4\NE\1/4\

    (Approximately 102.5 acres)

    If the proposed sale is approved, the State of Nevada would pay the 
fair market value of this land in the sum of $823,000.00, as determined 
by the BLM authorized officer having taken into account an appraisal, 
conducted in accordance with the applicable appraisal standards and 
that assumed the land to be free and clear of the outstanding 
reversionary interest now held by the United States.
    Direct sale procedures to the State of Nevada are considered 
appropriate, in this case, as the 102.5 acre parcel of land described 
above was patented previously to the State of Nevada, and transfer of 
the Federal reversionary interest to any other entity would not protect 
existing equities of the State of Nevada in the land. The direct sale 
is consistent with current BLM land use planning for the area. The 
commercial use of this parcel would benefit the State of Nevada by use 
of prison labor to train them with skills to return to society.
    The conveyance for the reversionary interest of the 102.5 acres 
will be subject to the provisions of the Federal Land Policy and 
Management Act and applicable regulations of the Secretary of the 
Interior, and the land will continue to be subject to the following:
    1. The reservation of a right-of-way thereon for ditches or canals 
constructed by the authority of the United States, Act of August 30, 
1890 (26 Stat. 391, 43 U.S.C. 945).
    2. All minerals shall be reserved to the United States, 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.
    3. Subject to:
    a. Valid existing rights;
    b. A right-of-way for railroad purposes granted to the San Pedro, 
Los Angeles and Salt Lake Railroad Company, its successors or assigns, 
on April 20, 1906, by right-of-way CC-00360, pursuant to the Act of 
March 3, 1875, (18 Stat. 482, 43 U.S.C. 934-939);
    c. A right-of-way for pipeline purposes granted to the Calnev 
Pipeline Company, its successors or assigns, on October 21, 1960, under 
the Act of February 15, 1901, 31 Stat. 790, 43 U.S.C. 959. (Nev-
056213);
    d. A right-of-way for roadway and communication purposes granted to 
the American Towers Corporation, its successors or assigns on March 22, 
1960, by right-of-way No. Nev-053815, pursuant to the Act of October 
21, 1976 (43 U.S.C. 1761) with an expiration date of March 21, 2010.
    Detailed information concerning this action, including the 
environmental report and approved appraisal report, is available for 
review at the Las Vegas Field Office, Bureau of Land Management, 4701 
N. Torrey Pines Dr., Las Vegas, Nevada 89130.
    Any adverse comments regarding the proposed action will be reviewed 
by the State Director. In the absence of any adverse comments, the 
decision relative to the proposed action, when made by the Field 
Manager, BLM Las Vegas Field Office, will become effective October 17, 
2005. The lands will not be offered for conveyance until after the 
decision becomes effective.

    Authority: 43 CFR 2711.1-2(a) and (c).

    Dated: July 11, 2005.
Sharon DiPinto,
Assistant Field Manager, Division of Lands, Las Vegas, NV.
[FR Doc. 05-16315 Filed 8-16-05; 8:45 am]
BILLING CODE 4310-HC-P