From: Subject: FR Doc E7-1428 Date: Sun, 4 Feb 2007 23:16:42 -0800 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-1428.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3028 FR Doc E7-1428 
[Federal Register: January 30, 2007 (Volume 72, Number 19)]
[Notices]              =20
[Page 4290-4292]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja07-104]                        =20

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

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

=20
Notice of Realty Action: Direct (Non-Competitive) Sale of Public=20
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=20
County, Nevada, has been examined and found suitable for sale utilizing=20
direct sale procedures. The authority for the sale is found under=20
Sections 203 and 209 of the Federal Land Policy and Management Act=20
(FLPMA) [Public Law 94-579].

DATES: Comments regarding the proposed sale or the environmental=20
assessment (EA) must be received by the Bureau of Land Management (BLM)=20
on or before March 16, 2007.

ADDRESSES: Comments regarding the proposed sale or EA should be=20
addressed to the Assistant Field Manager, BLM, Tonopah Field Station,=20
1553 South Main Street, P.O. Box 911, Tonopah, Nevada 89049.

FOR FURTHER INFORMATION CONTACT: Information regarding the proposed=20
sale and the lands involved can be obtained at the public reception=20
desk at the BLM, Tonopah Field Station from 7:30 a.m. to 4:30 p.m.,=20
Monday through Friday (except Federal holidays), or by contacting Wendy=20
Seley, Realty Specialist, at the above address, or at (775) 482-7800 or=20
by e-mail at wseley@nv.blm.gov. =
For general information on BLM's public=20
land sale procedures, refer to the following Web address: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3D=
leavingFR.html&log=3Dlinklog&to=3Dhttp://www.blm.gov/nhp/what/lan=
ds/realty/sales.htm
.


SUPPLEMENTARY INFORMATION: The land is located approximately one mile=20
east of the Hadley Subdivision near Round Mountain, Nevada and is=20
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=20
County.

    These lands are being offered for sale to Round Mountain Gold=20
Corporation of Round Mountain, Nevada, at no less than the appraised=20
fair market value (FMV) of $135,000.00, as determined by the authorized=20
officer after appraisal. An appraisal report has been prepared by a=20
State certified appraiser for the purposes of establishing FMV.
    This parcel of land located near Hadley, Nevada, is being offered=20
for sale through direct sale procedures. The land meets the criteria=20
for direct sale, pursuant to 43 CFR 2711.3-3(a)(5), to resolve=20
inadvertent unauthorized use and occupancy of the lands and pursuant to=20
43 CFR 2710.0-3(a)(3) which states, ``Such tract, because of its=20
location or other characteristics is difficult and uneconomic to manage=20
as part of the public lands and is not suitable for management by=20
another Federal department or agency.'' During

[[Page 4291]]

construction of the Hadley Airport, authorized by Public Airport Lease=20
(N-46058) in 1987, to Round Mountain Gold Corporation, a portion of the=20
aircraft parking area and landing strip was inadvertently developed on=20
public land outside of the airport lease area. These lands are not=20
required for Federal purposes. Direct sale would not change the status=20
quo in that no other land uses are expected for these lands. These=20
lands are identified as suitable for disposal in the BLM Tonopah=20
Resource Management Plan (RMP) approved in October 1997. The proposed=20
disposal action is consistent with the objectives, goals, and decisions=20
of the RMP.
    The BLM provided a 30-day comment period for the preliminary EA as=20
part of its public involvement. All comments received have been=20
considered and incorporated into the EA and Decision Record. The=20
environmental assessment, EA Number NV065-EA06-061, Decision Record,=20
Environmental Site Assessment, map, and approved appraisal report=20
covering the proposed sale, are available for review at the BLM,=20
Tonopah Field Station, Tonopah, Nevada.
    Segregation:
    Publication of this Notice in the Federal Register segregates the=20
subject lands from all appropriations under the public land laws,=20
including the general mining laws, except sale under the Federal Land=20
Policy and Management Act of 1976. The segregation will terminate upon=20
issuance of the patent, upon publication in the Federal Register of a=20
termination of the segregation or January 30, 2009, whichever occurs=20
first.
    Terms and Conditions of Sale:
    The patent issued would contain the following numbered=20
reservations, covenants, terms and conditions:
    1. A right-of-way thereon for ditches and canals constructed by=20
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,=20
licensees, and lessees retain the right to prospect for, mine, and=20
remove the minerals owned by the United States under applicable law and=20
any regulations that the Secretary of the Interior may prescribe,=20
including all necessary access and exit rights.
    3. A right-of-way authorized under the Act of October 21, 1976, 90=20
Stat. 2776 (43 U.S.C. 1761) for an access road granted to Nye County,=20
its successor or assignees, by right-of way NVN-46508;
    4. A right-of-way authorized under the Act of October 21, 1976, 90=20
Stat. 2776 (43 U.S.C. 1761) for a buried telephone line granted to=20
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=20
Stat. 2776 (43 U.S.C. 1761) for a fiber optic line granted to Nevada=20
Bell, its successor or assignees, by right-of-way NVN-63200;
    6. All existing and valid land uses, including livestock grazing=20
leases, unless waived.
    7. Valid existing rights.
    8. The purchaser/patentee, by accepting patent, agrees to=20
indemnify, defend, and hold the United States harmless from any costs,=20
damages, claims, causes of action, penalties, fines, liabilities, and=20
judgments of any kind arising from the past, present or future acts or=20
omissions of the patentee, its employees, agents, contractors, or=20
lessees, or any third-party arising out of or in connection with the=20
patentee's use and/or occupancy of the patented real property resulting=20
in: (1) Violations of Federal, State, and local laws and regulations=20
that are now, or in the future become, applicable to the real property;=20
(2) Judgments, claims or demands of any kind assessed against the=20
United States; (3) Costs, expenses, or damages of any kind incurred by=20
the United States; (4) Releases or threatened releases of solid or=20
hazardous waste(s) and/or hazardous substances(s), as defined by=20
Federal or State environmental laws, off, on, into or under land,=20
property, and other interests of the United States; (5) Other=20
activities by which solids or hazardous substances or wastes, as=20
defined by Federal and State environmental laws are generated,=20
released, stored, used, or otherwise disposed of on the patented real=20
property, and any cleanup response, remedial action or other actions=20
related in any manner to said solid or hazardous substances or wastes;=20
or (6) Natural resource damages as defined by Federal and State law.=20
This covenant shall be construed as running with the patented real=20
property and may be enforced by the United States in a court of=20
competent jurisdiction.
    9. Pursuant to the requirements established by section 120(h) of=20
the Comprehensive Environmental Response, Compensation and Liability=20
Act (CERCLA), (42 U.S.C. 9620(h)), as amended by the Superfund=20
Amendments and Reauthorization Act of 1988, (100 Stat. 1670), notice is=20
hereby given that the above-described lands have been examined and no=20
evidence was found to indicate that any hazardous substances have been=20
stored for one year or more, nor had any hazardous substances been=20
disposed of or released on the subject property.
    No warranty of any kind, express or implied, is given by the United=20
States as to the title, physical condition or potential uses of the=20
parcel of land proposed for sale, and the conveyance of any such parcel=20
will not be on a contingency basis. It is the buyer's responsibility to=20
be aware of all applicable local government policies and regulations=20
that would affect the subject lands. It is also the buyer's=20
responsibility to be aware of existing or prospective uses of nearby=20
properties. Any land lacking access from a public road or highway will=20
be conveyed as such, and future access acquisition will be the=20
responsibility of the buyer.
    In the event of a sale, the unreserved mineral interests will be=20
conveyed simultaneously with the sale of the land. These remaining=20
unreserved mineral interests have been determined to have no known=20
mineral value pursuant to 43 CFR 2720.2(a). Acceptance of the sale=20
offer will constitute an application for conveyance of those unreserved=20
mineral interests. The purchaser will be required to pay a $50.00 non-
refundable filing fee for conveyance of the available mineral=20
interests. The purchaser will have 30 days from the date of receiving=20
the sale offer to accept the offer and to submit a deposit of 20=20
percent of the purchase price, the $50.00 filing fee for conveyance of=20
mineral interests, and for payment of publication costs. The purchaser=20
must remit the remainder of the purchase price within 180 days from the=20
date the sale offer is received. Payments must be by certified check,=20
postal money order, bank draft or cashiers check payable to the U.S.=20
Department of the Interior--BLM. Failure to meet conditions established=20
for this sale will void the sale and any monies received will be=20
forfeited.
    Round Mountain Gold Corporation would be required to relinquish the=20
only active mining claims on the lands identified for the proposed sale=20
prior to conveyance in order to complete the sale as proposed.
    A portion of the subject lands (34.06 acres, according to the=20
survey records as of June 8, 2006) were previously segregated=20
authorizing a public airport (N-46058) pursuant to the Act of May 24,=20
1928, as amended (49 U.S.C. 211-214) on November 19, 1987. This Notice=20
does not operate or serve as an opening order.

Public Comments

    The subject parcel of land will not be offered for sale prior to=20
the 60-day publication of this notice of realty action. For a period=20
until March 16, 2007, interested parties may submit

[[Page 4292]]

written comments to the Tonopah Field Station, P.O. Box 911, Tonopah,=20
Nevada 89049. Facsimiles, telephone calls, and electronic mails are=20
unacceptable means of notification. Comments including names and street=20
addresses of respondents will be available for public review at the=20
BLM, Tonopah Field Station (address above) during regular business=20
hours, except holidays. Individual respondents may request=20
confidentiality. If you wish to withhold your name or address from=20
public disclosure under the Freedom of Information Act, you must state=20
this prominently at the beginning of your comments. Any determination=20
by the BLM to release or withhold the names and/or addresses of those=20
who comment will be made on a case-by-case basis. Such requests will be=20
honored to the extent allowed by law.
    Any adverse comments will be reviewed by the Nevada State Director,=20
who may sustain, vacate, or modify this realty action and issue a final=20
determination. In the absence of timely filed objections, this realty=20
action will become the final determination of the Department of the=20
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