[Federal Register Volume 71, Number 202 (Thursday, October 19, 2006)]
[Notices]
[Pages 61794-61796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17399]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-065-5870-EU; N-74961]


Notice of Realty Action: Direct (Non-Competitive) Sale of Public 
Lands, Esmeralda County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

-----------------------------------------------------------------------

SUMMARY: A 16.06 acre parcel of public land located near Dyer, 
Esmeralda County, Nevada, has been examined and found suitable for sale 
utilizing direct sale procedures. The authority for the sale is found 
under sections 203 and 209 of the Federal Land Policy and Management 
Act of 1976 (FLPMA) [Pub. L. 94-579].

DATES: Comments regarding the proposed sale or the environmental 
assessment (EA) must be received by the Bureau of Land Management (BLM) 
on or before December 4, 2006.

ADDRESSES: Comments regarding the proposed sale or EA, should be 
addressed to the Assistant Field Manager, BLM Tonopah Field Station, 
1553 South Main Street, P.O. Box 911, Tonopah, Nevada 89049.

FOR FURTHER INFORMATION CONTACT: Information regarding the proposed 
sale and the lands involved, can be obtained at the public reception 
desk at the BLM, Tonopah Field Station from 7:30 a.m. to 4:30 p.m., 
Monday through Friday (except Federal holidays), or by contacting Wendy 
Seley, Realty Specialist, at the above address, or at (775) 482-7800 or 
by e-mail at [email protected]. For general information on BLM's public 
land sale procedures, refer to the following Web address: http://www.blm.gov/nhp/what/lands/realty/sales.htm.

SUPPLEMENTARY INFORMATION: The land is located approximately two miles 
west of Dyer, Nevada, and lies on the west side of Fish Lake Valley, 
Nevada.

Mount Diablo Meridian, Nevada

T. 3 S., R. 35 E.,
    Sec. 21, Lots 8, 9, 10, and 11.
    The area described contains 16.06 acres, more or less, in 
Esmeralda County.

    This parcel of public land is being offered for sale to Della 
Patterson of Dyer, Nevada, at no less than the appraised fair market 
value (FMV) of $56,000.00, as determined by the authorized officer 
after appraisal. An appraisal report has been prepared by a state 
certified appraiser for the purposes of establishing FMV.

[[Page 61795]]

    These lands meet the criteria for direct sale, under 43 CFR 2711.3-
3(a)(5), to resolve inadvertent unauthorized use and occupancy of the 
lands. Multiple dwellings, old cars, car parts, and a corral occupy the 
subject land. The size of the unauthorized use has been reduced to the 
smallest aliquot part identified through development of a supplemental 
plat. These lands are 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 
Title 43 CFR 2710.0-3(a)(3) which states ``Such tract, because of its 
location or other characteristics is difficult and uneconomic to manage 
as part of the public lands and is not suitable for management by 
another Federal department or agency.'' Direct sale would not change 
the status quo in that no other land uses are expected for these lands. 
These lands are identified as suitable for disposal in the BLM Tonopah 
Resource Management Plan (RMP) approved in October 1997. The proposed 
disposal action is consistent with the objectives, goals, and decisions 
of the RMP.
    The BLM provided a 30-day comment period for the preliminary EA as 
part of its public involvement. All comments received have been 
considered and incorporated into the EA and Decision Record. The 
environmental assessment, EA Number NV065-EA06-066, Decision Record, 
Environmental Site Assessment, map, and approved appraisal report 
covering the proposed sale, are available for review at the BLM, 
Tonopah Field Station, Tonopah, Nevada.

Segregation

    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, upon publication in the Federal Register of a 
termination of the segregation or July 16, 2007, which ever occurs 
first.

Terms and Conditions of Sale

    The patent issued would contain the following reservations, 
covenants, terms and conditions:
    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, 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.
    3. All existing and valid land uses, including livestock grazing 
leases, unless waived.
    4. Valid existing rights.
    5. 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 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.
    6. Pursuant to the requirements established by section 120(h) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act (CERCLA), (42 U.S.C. 9620(h)), as amended by the Superfund 
Amendments and Reauthorization Act of 1988, (100 Stat.1670), notice is 
hereby given that the above-described lands have been examined and no 
evidence was found to indicate that any hazardous substances have been 
stored for one year or more, nor had any hazardous substances been 
disposed of or released on the subject property.
    No warranty of any kind, express or implied, is given by the United 
States as to the title, physical condition or potential uses of the 
parcel of land proposed for sale, and the conveyance of any such parcel 
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. Any land lacking access from a public road or highway will 
be conveyed as such, and future access acquisition will be the 
responsibility of the buyer.
    In the event of a sale, the unreserved mineral interests will be 
conveyed simultaneously with the sale of the land. These 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 20 
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.

Public Comments

    The subject parcel of land will not be offered for sale prior to 
the 60-day publication of this notice of realty action. For a period 
until December 4, 2006, interested parties may submit written comments 
to the BLM Tonopah Field Station, P.O. Box 911, Tonopah, Nevada 89049. 
Facsimiles, telephone calls, and electronic mails are unacceptable 
means of notification. Comments including names and street addresses of 
respondents will be available for public review at the Tonopah Field 
Station during regular business hours, except holidays. Individual 
respondents may request confidentiality. If you wish to withhold your 
name or address from public disclosure under the Freedom of Information 
Act, you must state this prominently at the beginning of your

[[Page 61796]]

comments. Any determination by the BLM to release or withhold the names 
and/or addresses of those who comment will be made on a case-by-case 
basis. Such requests will be honored to the extent allowed by law.
    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.

(Authority: 43 CFR 2711.1-2(a))

    Dated: August 31, 2006.
Alan R. Buehler,
Acting Assistant Field Manager, Tonopah.
 [FR Doc. E6-17399 Filed 10-18-06; 8:45 am]
BILLING CODE 4310-HC-P