[Federal Register Volume 72, Number 19 (Tuesday, January 30, 2007)]
[Notices]
[Pages 4290-4292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1428]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-065-5870-EU; N-76679]


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

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: A 105-acre parcel of public land located near Hadley, Nye 
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 
(FLPMA) [Public Law 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 March 16, 2007.

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 one mile 
east of the Hadley Subdivision near Round Mountain, Nevada and is 
described as follows:

Mount Diablo Meridian, Nevada

T. 10 N., R. 43 E.,
    Sec. 21, E\1/2\NE\1/4\NE\1/4\SE\1/4\SE\1/4\, E\1/2\SE\1/4\NE\1/
4\SE\1/4\SE\1/4\, E\1/2\NE\1/4\SE\1/4\SE\1/4\SE\1/4\, and E\1/
2\SE\1/4\SE\1/4\SE\1/4\SE\1/4\;
    Sec. 22, W\1/2\NW\1/4\SW\1/4\SW\1/4\, W\1/2\NE\1/4\NW\1/4\SW\1/
4\SW\1/4\, W\1/2\SE\1/4\NW\1/4\SW\1/4\SW\1/4\, W\1/2\SW\1/4\SW\1/
4\SW\1/4\, W\1/2\NE\1/4\SW\1/4\SW\1/4\SW\1/4\, W\1/2\SE\1/4\SW\1/
4\SW\1/4\SW\1/4\;
    Sec. 27, W\1/2\NW\1/4\NW\1/4\NW\1/4\, W\1/2\SW\1/4\NW\1/4\NW\1/
4\, W\1/2\NW\1/4\SW\1/4\NW\1/4\, W\1/2\SW\1/4\SW\1/4\NW\1/4\, W\1/
2\NW\1/4\NW\1/4\SW\1/4\, W\1/2\SW\1/4\NW\1/4\SW\1/4\, W\1/2\NW\1/
4\SW\1/4\SW\1/4\, and W\1/2\SW\1/4\SW\1/4\SW\1/4\;
    Sec. 28, E\1/2\NE\1/4\SE\1/4\SE\1/4\, E\1/2\NW\1/4\NE\1/4\SE\1/
4\SE\1/4\, E\1/2\SW\1/4\NE\1/4\SE\1/4\SE\1/4\, NE\1/4\SE\1/4\SE\1/
4\SE\1/4\, E\1/2\NW\1/4\SE\1/4\SE\1/4\SE\1/4\, and E\1/2\SE\1/
4\SE\1/4\SE\1/4\SE\1/4\;
    Sec. 33, E\1/2\NE\1/4\NE\1/4\NE\1/4\NE\1/4\, E\1/2\SE\1/4\NE\1/
4\NE\1/4\NE\1/4\, E\1/2\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\, E\1/2\NE\1/4\NE\1/4\SE\1/4\NE\1/4\, E\1/
2\SE\1/4\NE\1/4\SE\1/4\NE\1/4\, and N\1/2\NE\1/4\SE\1/4\SE\1/4\NE\1/
4\;
    Sec. 34, W\1/2\NW\1/4\NW\1/4\NW\1/4\, W\1/2\SW\1/4\NW\1/4\NW\1/
4\, W\1/2\NE\1/4\SW\1/4\NW\1/4\NW\1/4\, W\1/2\SE\1/4\SW\1/4\NW\1/
4\NW\1/4\, W\1/2\NW\1/4\SW\1/4\NW\1/4\, W\1/2\NE\1/4\NW\1/4\SW\1/
4\NW\1/4\, W\1/2\SE\1/4\NW\1/4\SW\1/4\NW\1/4\, NW\1/4\SW\1/4\SW\1/
4\NW\1/4\, and W\1/2\NE\1/4\SW\1/4\SW\1/4\NW\1/4\.

    The area described contains 105 acres, more or less, in Nye 
County.

    These lands are being offered for sale to Round Mountain Gold 
Corporation of Round Mountain, Nevada, at no less than the appraised 
fair market value (FMV) of $135,000.00, 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.
    This parcel of land located near Hadley, Nevada, is being offered 
for sale through direct sale procedures. The land meets the criteria 
for direct sale, pursuant to 43 CFR 2711.3-3(a)(5), to resolve 
inadvertent unauthorized use and occupancy of the lands and pursuant to 
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.'' During

[[Page 4291]]

construction of the Hadley Airport, authorized by Public Airport Lease 
(N-46058) in 1987, to Round Mountain Gold Corporation, a portion of the 
aircraft parking area and landing strip was inadvertently developed on 
public land outside of the airport lease area. These lands are not 
required for Federal purposes. 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-EA06-061, 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 January 30, 2009, whichever occurs 
first.
    Terms and Conditions of Sale:
    The patent issued would contain the following numbered 
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. 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. A right-of-way authorized under the Act of October 21, 1976, 90 
Stat. 2776 (43 U.S.C. 1761) for an access road granted to Nye County, 
its successor or assignees, by right-of way NVN-46508;
    4. A right-of-way authorized under the Act of October 21, 1976, 90 
Stat. 2776 (43 U.S.C. 1761) for a buried telephone line granted to 
Nevada Bell, its successor or assignees, by right-of-way NVN-46314;
    5. A right-of-way authorized under the Act of October 21, 1976, 90 
Stat. 2776 (43 U.S.C. 1761) for a fiber optic line granted to Nevada 
Bell, its successor or assignees, by right-of-way NVN-63200;
    6. All existing and valid land uses, including livestock grazing 
leases, unless waived.
    7. Valid existing rights.
    8. 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.
    9. 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 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 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.
    Round Mountain Gold Corporation would be required to relinquish the 
only active mining claims on the lands identified for the proposed sale 
prior to conveyance in order to complete the sale as proposed.
    A portion of the subject lands (34.06 acres, according to the 
survey records as of June 8, 2006) were previously segregated 
authorizing a public airport (N-46058) pursuant to the Act of May 24, 
1928, as amended (49 U.S.C. 211-214) on November 19, 1987. This Notice 
does not operate or serve as an opening order.

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 March 16, 2007, interested parties may submit

[[Page 4292]]

written comments to the 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 
BLM, Tonopah Field Station (address above) 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 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: November 6, 2006.
William S. Fisher,
Assistant Field Manager, Tonopah.
 [FR Doc. E7-1428 Filed 1-29-07; 8:45 am]
BILLING CODE 4310-HC-P