[Federal Register Volume 72, Number 134 (Friday, July 13, 2007)]
[Notices]
[Pages 38612-38614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13679]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-020-5870-EU; N-66141]


Notice of Realty Action: Direct (Non-Competitive) Sale of Public 
Land and Opening Order; Humboldt County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: One parcel of public land (Parcel N-66141) located southwest 
of Winnemucca, Nevada, and totaling 177.31 acres, has been examined and 
found suitable for disposal 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), 43 U.S.C. 1713, 1719.

DATES: Comments regarding the proposed sale must be received by the 
Bureau of Land Management (BLM) on or before August 27, 2007.

ADDRESSES: Comments regarding the proposed sale should be addressed to 
Field Manager, BLM, Winnemucca Field Office, 5100 East Winnemucca 
Blvd., Winnemucca, Nevada 89445.

FOR FURTHER INFORMATION CONTACT: Information regarding the proposed 
sale can be obtained at the public reception desk at the BLM, 
Winnemucca Field Office, from 7:30 a.m. to 4:30 p.m., Monday through 
Friday (except Federal holidays), or by contacting Barbara Kehrberg, 
Realty Specialist, at the above address, or at (775) 623-1500, or by e-
mail [email protected]. For general information on the BLM's public 
land sale procedures, refer to the following Web address: http://www.blm.gov/nhp/what/lands/realtysales.htm.

SUPPLEMENTARY INFORMATION: Parcel N-66141 is located approximately 6 
miles west of the city of Winnemucca, Nevada, west of Airport Road, 
south of and adjacent to the Union Pacific Railroad tracks, and is 
described as follows:

Mount Diablo Meridian

T. 35 N., R. 37 E.
    Sec. 16, lots 3, 8, 10, 11, 15, 16, and 17.

    The area described contains 177.31 acres, more or less, in 
Humboldt County.

    This parcel of public land is proposed for sale to the City of 
Winnemucca, Nevada, at no less than the appraised fair market value 
(FMV) of $210,000.00, as determined by the authorized officer. An 
appraisal report has been prepared by a State-certified appraiser for 
the purposes of establishing the FMV.
    Consistent with Section 203 of FLPMA, a tract of the public land 
may

[[Page 38613]]

be sold where, as a result of approved land use planning, the sale of 
the tract meets the disposal criteria of that section. The lands 
described above are identified as suitable for disposal in the BLM 
Sonoma-Gerlach Management Framework Plan (MFP) signed July 9, 1982, and 
in the BLM Paradise-Denio and Sonoma-Gerlach Management Framework Plan 
Lands Amendment (Amendment), signed January 1999. The proposed disposal 
action is consistent with the objectives, goals, and decisions of the 
MFP and Amendment. MFP objective and decision L2.2 provides that the 
Winnemucca Field Office should dispose of this property to local 
governmental entities as identified by a local government, consistent 
with community plans.
    This sale also meets the criteria found in 43 CFR 2710.0-3(a)(2), 
which states: ``Disposal of such tract shall serve important public 
objectives, including but not limited to, expansion of communities and 
economic development, which cannot be achieved prudently or feasibly on 
lands other than public lands and which outweigh other public 
objectives and values, including, but not limited to, recreation and 
scenic values, which would be served by maintaining such tract in 
Federal ownership.'' The City of Winnemucca needs these lands to 
provide rail transportation to the City-developed industrial park and 
for proposed airport expansion.
    The disposal (sale) of Parcel N-66141 also meets the criteria found 
under 43 CFR 2710.0-3(a)(3), which authorizes disposal where ``such 
tract, because of its location or other characteristics is difficult 
and uneconomic to manage as part of the public lands''. The lands are 
isolated, surrounded by private lands, or intermingled with private 
lands as to make them difficult to manage for any Federal purpose. 
Parcel N-66141 is bordered on the north by the Union Pacific Railroad, 
on the east and south by city-owned property, and on the west by 
private property. There is no existing legal access to the subject 
lands.
    Regulation 43 CFR 2711.3-3(a), provides that ``direct sales 
(without competition) may be utilized, when in the opinion of the 
authorized officer, a competitive sale is not appropriate and the 
public interest would best be served by a direct sale. Examples 
include, but are not limited to: (1) A tract identified for transfer to 
State or local government.'' As noted above, these lands were 
identified in the MFP as to be disposed of to only a local governmental 
entity.
    The BLM prepared a preliminary Environmental Assessment (EA) and 
provided a 30-day comment period. All comments received have been 
considered and incorporated into the EA and Decision Record. The EA 
Number NV-020-06-EA-08, Decision Record, Environmental Site Assessment, 
map, and approved appraisal report covering the proposed sale are 
available for review at the BLM, Winnemucca Field Office, in 
Winnemucca, Nevada, at the address listed above.

Termination of Exchange Segregation

    Lands described in this Notice were previously segregated under 
Exchange file N-80983, but a decision has been made not to proceed with 
this exchange. This Notice officially terminates that Exchange 
Segregation of the described lands. Pursuant to 43 CFR 2201.1-2(c) (2), 
this Notice will also serve as an opening order to restore the above 
described lands to operation of the sale provisions of sections 203 and 
209 of the FLPMA, 43 U.S.C. 1713, 1719, and not the general mining 
laws, as of 7:30 a.m. on July 13, 2007.

Sales Segregation

    Publication of this Notice in the Federal Register segregates the 
subject land from all forms of appropriations under the public land 
laws, including the general mining laws, except sale under the Sections 
203 and 209 of FLPMA. The segregation will terminate upon issuance of 
the patent, upon publication in the Federal Register of a termination 
of the segregation, on July 13, 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 or canals constructed by the 
authority of the United States, Act of August 30, 1890 (43 U.S.C. 945).
    2. Oil, gas, and geothermal resources are reserved from 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 valid existing rights.
    4. A right-of-way authorized under the Act of March 4, 1911, 36 
Stat. 1253, (43 U.S.C. 961), for an aerial transmission line granted to 
Sierra Pacific Power Company, its successor or assignees, by right-of-
way NEV-042767, for Parcel N-66141.
    5. A right-of-way authorized under Title V of FLPMA, (43 U.S.C. 
1761), for an aerial transmission line granted to Sierra Pacific Power 
Company, its successor or assignees, by right-of-way NVN-041642, for 
Parcel N-66141.
    6. The 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, lessees, or any third-
party arising out of or in connection with the patentee's use, 
occupancy, or operations on 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 substance(s), pollutant(s) or 
containment(s), and/or petroleum product or derivative of a petroleum 
product, as defined by Federal and State environmental laws, off, on, 
into, or under land, property, and other interests of the United 
States; (5) Other activities by which solid or hazardous substance(s), 
pollutant(s) or contaminant(s), and/or petroleum product or derivative 
of a petroleum product, or waste(s), 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 substance(s) or waste(s), pollutant(s) or contaminant(s), 
and/or petroleum product or derivative of a petroleum product; 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.
    7. Pursuant to the requirements established by section 120(h) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act (CERCLA), (43 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 have any hazardous substances been 
disposed of or released on the subject property.
    No warranty of any kind, expressed or implied, is given by the 
United States as

[[Page 38614]]

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 Federal, State, and 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 2720.0-6 and 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 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 August 27, 2007, interested persons may submit written comments 
to the BLM Winnemucca Field Office at the address listed above. 
Facsimiles, telephone calls, and e-mails are unacceptable means of 
notification.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment, including your personal identifying 
information, may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.
    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.

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

Rodger T. Bryan,
Acting Field Manager, Winnemucca.
[FR Doc. E7-13679 Filed 7-12-07; 8:45 am]
BILLING CODE 4310-HC-P