[Federal Register Volume 73, Number 20 (Wednesday, January 30, 2008)]
[Notices]
[Pages 5586-5588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1568]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-065-5870-EU; N-76426; 8-08807; TAS: 14X5260]


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

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: One parcel of public land (N-76426) located in Beatty, Nevada, 
and totaling 0.46 acres, has been examined and found suitable for 
disposal utilizing direct sale procedures. The authority for the sale 
is under Sections 203 and 209 of the Federal Land Policy and Management 
Act of 1976 (FLPMA), 43 U.S.C. 1713 and 1719.

DATES: Interested parties may submit written comments to the Bureau of 
Land Management (BLM) regarding the proposed sale on or before March 
17, 2008.

ADDRESSES: Mail written comments to the BLM Assistant Field Manager, 
Tonopah Field Station, 1553 South Main Street, P.O. Box 911, Tonopah, 
NV 89049.

FOR FURTHER INFORMATION CONTACT: Alan Buehler, (775) 482-7800. For 
general information on BLM's public land sale procedures, refer to the 
following Web address: http://www.blm.gov/wo/st/en.html.

SUPPLEMENTARY INFORMATION: The sale parcel is located in Southern Nye 
County, section 6, within the most southeast corner section and touches 
the southeast corner at one point. A portion of the parcel lies within 
the Nevada Department of Transportation (Nev 042808) right-of-way for 
United States (U.S.) Highway 95.
    The following described public land is being considered for sale:

Mount Diablo Meridian, Nevada

T. 12 S., R. 47 E.,
    Sec. 6, lot 9.
    The area described contains 0.46 acres, more or less.

    This parcel of public land is proposed for sale to the Stagecoach 
Hotel and Casino, owned by Edward Ringle of Beatty, Nevada at no less 
than the appraised fair market value (FMV) of $1,300, as determined by 
the authorized officer after appraisal. 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 public land may 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 Tonopah 
Resource Management Plan (RMP) approved on October 2, 1997. The 
proposed disposal action is consistent with the objectives, goals, and 
decisions of the RMP.
    The disposal (sale) of the parcel would serve an important public

[[Page 5587]]

objective by resolving the management costs of an inadvertent 
unauthorized use of the public lands. As such, these lands meet the 
criteria under 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.'' The sale of these lands meet 
the criteria under 43 CFR 2711.3-3(a) for direct sale, to be used where 
necessary to protect existing equities in the land, to resolve 
inadvertent unauthorized use and occupancy of the lands. A small 
portion of the hotel/casino's northeast corner has expanded onto the 
subject land. The subject parcel is being used to house the hotel/
casino's propane tanks and waste disposal dumpsters, as well as for 
storage, parking lot, and delivery service. 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. Direct sale would not change the 
status quo in that no other land uses are expected for these lands.
    The BLM prepared a preliminary Environmental Assessment (EA) and 
provided a 30-day comment period as part of its public involvement. All 
comments received have been considered and incorporated into the EA and 
Decision Record. The EA (NV065-EA07-117), Decision Record, 
Environmental Site Assessment, map, and approved appraisal report 
covering the proposed sale, are available for review at the BLM Tonopah 
Field Station.
    Minerals for this parcel will be reserved in accordance with BLM's 
approved Mineral Potential Report dated January 18, 2005. Information 
pertaining to the reservation of minerals specific to the parcel is 
located in the case file and available for public review at the BLM 
Tonopah Field Station.
    Publication of this Notice of Realty Action in the Federal Register 
segregates the subject lands from all appropriations under the public 
land laws, including the general mining and mineral laws, except the 
sale provisions of FLPMA. Upon publication of this Notice of Realty 
Action and until completion of the sale, the BLM is no longer accepting 
land use applications affecting the identified public land, except 
applications for the amendment of previously filed right-of-way 
applications or existing authorizations to increase the term of the 
grants in accordance with 43 CFR 2807.15 and 2886.15. The segregation 
will terminate upon issuance of the patent, upon publication in the 
Federal Register of a termination of the segregation or February 1, 
2010, 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. 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. Those rights for highway purposes which have been granted to 
Nevada Department of Transportation, its successors and assigns, by 
right-of-way Nev 042808, pursuant to the Act of August 27, 1958, 72 
Stat. 916; 23 U.S.C. 317, for United States Highway 95, extending from 
Beatty to Goldfield, Nevada;
    4. All valid existing rights;
    5. 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; and
    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 had been 
stored for one year or more, nor had any hazardous substances been 
disposed of or released on the subject property.
    No representation, warranty or covenant of any kind, express or 
implied, will be given or made by the United States, its officers or 
employees, as to access to or from the above described parcel of land, 
the title to the land, whether or to what extent the land may be 
developed, its physical condition or its past, present or potential 
uses, 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 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 filing fee for conveyance of 
mineral interests, and for payment of publication costs. The purchaser 
must

[[Page 5588]]

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 March 17, 2008, interested parties may submit written comments to 
the BLM Tonopah Field Station. Only written comments submitted by 
postal service or overnight mail will be considered as properly filed. 
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 regarding the proposed sale will be reviewed 
by the BLM 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)

    Dated: January 16, 2008.
Thomas J. Seley,
Tonopah Assistant Field Manager.
[FR Doc. E8-1568 Filed 1-29-08; 8:45 am]
BILLING CODE 4310-HC-P