[Federal Register Volume 73, Number 100 (Thursday, May 22, 2008)]
[Notices]
[Pages 29777-29779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11504]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-056-5874-EU; N-82714; 8-08807; TAS: 14X5260]


Notice of Realty Action: Direct Sale of Public Lands in Nye 
County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Land Management (BLM) proposes to offer by non-
competitive sale one parcel of land in Nye County, Nevada totaling 
approximately 292.46 acres. This land 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, 
respectively, and BLM land sale and mineral conveyance regulations at 
43 CFR 2710 and 2720.

DATES: Interested parties may submit written comments regarding the 
proposed sale or the environmental assessment (EA) until July 7, 2008.

ADDRESSES: Mail written comments to the BLM Field Manager, Las Vegas 
Field Office, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130.

FOR FURTHER INFORMATION CONTACT: Manuela Johnson at (702) 515-5224.

SUPPLEMENTARY INFORMATION: The following described land, parcel N-
82714, is located at the intersection of U.S. Highway 95 and State 
Route 373, known as Lathrop Wells, Nevada.
    The parcel is legally described as:

    Mount Diablo Meridian, Nevada.
T. 15 S., R. 50 E.,
    Sec. 18, lots 39 and 41, E\1/2\NW\1/4\, E\1/2\NW\1/4\NW\1/4\, 
E\1/2\SW\1/4\NW\1/4\, NE\1/4\SW\1/4\, SE\1/4\NW\1/4\SW\1/4\, E\1/
2\NE\1/4\NW\1/4\SW\1/4\, NW\1/4\NE\1/4\NW\1/4\SW\1/4\, E\1/2\NE\1/
4\SE\1/4\SW\1/4\, NE\1/4\NW\1/4\SE\1/4\SW\1/4\, N\1/2\SE\1/4\, W\1/
2\NE\1/4\SW\1/4\SE\1/4\, NW\1/4\SE\1/4\SW\1/4\SE\1/4\, NW\1/4\SW\1/
4\SE\1/4\.

    The area described contains 292.46 acres, more or less.
    This parcel of land is offered for sale to Nye County, Nevada at no 
less than the fair market value (FMV) of $818,900 as determined by the 
authorized officer. An appraisal report has been prepared by a state 
certified appraiser for the purposes of establishing FMV.
    Consistent with Section 203 of FLPMA, the tract of the lands may be 
sold where, as a result of approved land use planning, the sale of the 
tract meets the disposal criteria. These lands are identified as 
suitable for disposal in the BLM Las Vegas Resource Management Plan 
(RMP), approved October 5, 1998. BLM has determined that the proposed 
action conforms to the land use plan decision, LD-1, in that RMP. LD-1 
provides that the Las Vegas Field Office should dispose of this 
property to local governmental entities as identified by a local 
government and is consistent with community plans. The EA, master title 
plat, map, and approved appraisal report for the proposed sale are 
available for review at the Las Vegas Field Office.
    This sale meets the criteria found in 43 CFR 2710.0-3(a)(2) which 
states that 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.
    Lands totaling approximately 353.12 acres were identified for a 
non-competitive direct sale under special legislation, Public Law 106-
113, through a notice published in the Federal Register on March 9, 
2001. Of these lands, 60.66 acres, more or less, were conveyed to Nye 
County by Patent Number 27-2002-0059, dated July 18, 2002. Public Law 
106-113 expired on November 29, 2004.
    On March 30, 2006, Nye County submitted a letter to the BLM 
requesting to purchase the remaining 292.46 acres, more or less, of 
lands pursuant to 43 CFR 2710.0-6(c)(3)(iii), Sections 203 and 209 of 
FLPMA, and the Federal Land Transaction Facilitation Act (Public Law 
106-248). Pursuant to that request from Nye County, the BLM proposes to 
offer by sale this parcel of land located in the Amargosa Valley.
    This parcel is surrounded on the south side by private lands and 
the remaining sides by public lands. Access to the parcel is from U.S. 
Highway 95.
    A direct sale (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 direct 
sale. An example includes, but is not limited to, a tract identified 
for transfer to State or local government.
    Certain minerals for this parcel will be reserved to the United 
States in accordance with BLM approved Mineral Potential Report, dated 
February 29, 2000. Information pertaining to the reservation of 
minerals specific to the parcel is located in the case file and 
available for review at the Las Vegas Field Office.
    Terms and Conditions of Sale: The patent issued would contain the 
following numbered reservations, covenants, terms and conditions:
    1. All sand, gravel, oil and gas minerals are reserved to the 
United States, its permittees, licensees and lessees, together with the 
right to

[[Page 29778]]

prospect for, mine, and remove the minerals under applicable law and 
such regulations as the Secretary of the Interior may prescribe, along 
with all necessary access and exit rights;
    2. A right-of-way is reserved for ditches and canals constructed by 
authority of the United States under the Act of August 30, 1890 (43 
U.S.C. 945);
    3. A right-of-way is reserved for federal aid highway purposes 
which have been reserved to Nevada Department of Transportation, its 
successors and assigns, by right-of-way No. CC-018078, pursuant to the 
Act of November 9, 1921 (042 Stat. 0216);
    4. The parcel is subject to valid existing rights;
    5. Those rights for an aerial telephone line purposes which have 
been granted to Nevada Bell, its successors and assigns, by right-of-
way No. CC-021745, pursuant to the Act of October 21, 1976 (43 U.S.C. 
1761);
    6. Those rights for fiber optic line purposes which have been 
granted to Nevada Bell, its successors and assigns, by right-of-way No. 
N-73706, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761);
    7. Those rights for a fiber optic line purposes which have been 
granted to Nevada Bell, its successors and assigns, by right-of-way No. 
N-81408, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761);
    8. Those rights for aerial line purposes which have been granted to 
Valley Electric Association, its successors and assigns, by right-of-
way No. N-058116, pursuant to the Act of February 15, 1901 (43 U.S.C. 
959);
    9. By accepting this patent, the patentee 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 or nature arising from the past, present, and 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 
patentees use, occupancy, or operations on the patented real property. 
This indemnification and hold harmless agreement includes, but is not 
limited to, acts and omissions of the patentee, its employees, agents, 
contractors, or lessees, or third party arising out of or in connection 
with the use and/or occupancy of the patented real property resulting 
in: (1) Violations of federal, state, and local laws and regulations 
applicable to the real property; (2) Judgments, claims or demands of 
any kind assessed against the United States; (3) Costs, expenses, 
damages of any kind incurred by the United States; (4) Other releases 
or threatened releases on, into or under land, property and other 
interests of the United States by solid or hazardous waste(s) and/or 
hazardous substance(s), as defined by federal or state environmental 
laws; (5) Other activities by which solid or hazardous substances or 
wastes, as defined by federal and state environmental laws were 
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; (6) Or 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
    10. Pursuant to the requirements established by section 120(h) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act, 43 U.S.C. 9620(h) (CERCLA), 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.
    The parcel is subject to reservations for road, public utilities 
and flood control purposes, both existing and proposed, in accordance 
with the local governing entities' transportation plans.
    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 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.
    Federal law requires that conveyees must be: (a) A citizen of the 
United States 18 years of age or over; (b) a corporation subject to the 
laws of any State or of the United States; (c) a State, State 
instrumentality or political subdivision authorized to hold property; 
and (d) an entity legally capable of conveying and holding lands or 
interests therein under the laws of the State within which the lands to 
be conveyed are located. Where applicable, the entity shall also meet 
the requirements of paragraphs (a) and (b) of this section.
    Upon publication of this notice and until completion of the sale, 
the BLM is no longer accepting land use applications affecting the 
identified 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. 
Encumbrances that may appear in the BLM files for the parcel proposed 
for sale are available for review during business hours, 7:30 a.m. to 
4:30 p.m., Pacific Time, Monday through Friday, at the Las Vegas Field 
Office.
    The parcel may be subject to applications received prior to 
publication of this notice if processing the application would have no 
adverse effect on the marketability of title, or the FMV of the parcel. 
Encumbrances of records, appearing in the BLM files for the parcel 
offered for sale, are available for review during business hours, 7:30 
a.m. to 4:30 p.m., Pacific Time, Monday through Friday, at the Las 
Vegas Field Office. Subject to limitations prescribed by law and 
regulation, and prior to patent issuance, a holder of any right-of-way 
within the parcel may be given the opportunity to amend the right-of-
way for conversion to a new term, including perpetuity, if applicable, 
or to an easement.
    BLM will notify valid existing right-of-way holders of their 
ability to convert their compliant rights-of-way to perpetual rights-
of-way or easements. Each valid holder will be notified in writing of 
their rights and then must apply for the conversion of their current 
authorization.
    Unless other satisfactory arrangements are approved in advance by a 
BLM authorized officer, conveyance of title shall be through the use of 
escrow. Designation of the escrow agent shall be through mutual 
agreement between the BLM and the prospective patentee, and costs of 
escrow shall be borne by the prospective patentee.
    Requests for all escrow instructions must be received by the Las 
Vegas Field Office prior to 30 days before the prospective patentee's 
scheduled closing date. There are no exceptions.
    BLM will not sign any documents related to 1031 Exchange 
transactions. The timing for completion of the exchange is the 
prospective patentee's responsibility in accordance with Internal 
Revenue Service regulations.

[[Page 29779]]

BLM is not a party to any 1031 Exchange.
    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. In accordance with BLM's authority to conduct direct sales, 
BLM is borrowing some of the competitive bid procedures as set forth 
below. The purchaser will have until 4 p.m., Pacific Time, 30 days from 
the date of receiving the sale offer to accept the offer and submit a 
deposit of 20 percent of the purchase price, the $50 filing fee for 
conveyance of mineral interests, and payment of publication costs to 
the Las Vegas Field Office. The purchaser must remit the remainder of 
the purchase price within 180 days from the date of receiving the sale 
offer to the Las Vegas Field Office. Payments must be received by 
certified check, postal money order, bank draft, or cashier's 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. Arrangements for electronic fund transfer 
to BLM for the balance due shall be made a minimum of two weeks prior 
to the date you wish to make payment.
    The BLM may accept or reject any or all offers to purchase any 
parcel, or may withdraw any parcel of land or interest therein from 
sale, if, in the opinion of the authorized officer, consummation of the 
sale would not be fully consistent with the FLPMA or other applicable 
laws or is determined to not be in the public interest.
    Public Comments: The parcel of land will not be offered for sale 
prior to 60 days from the date of publication of this notice. For a 
period until July 7, 2008, interested parties may submit written 
comments to the Las Vegas Field Office. Only written comments submitted 
by postal service or overnight mail will be considered as properly 
filed. Electronic mail, facsimile, or telephone comments will not be 
considered comments as properly filed.
    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. 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.

    Dated: May 12, 2008.
Mary Jo Rugwell,
Las Vegas Field Office Manager.
[FR Doc. E8-11504 Filed 5-21-08; 8:45 am]
BILLING CODE 4310-HC-P