From: Subject: FR Doc E7-13679 Date: Fri, 27 Jul 2007 00:38:25 -0700 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/E7-13679.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3138 FR Doc E7-13679 
[Federal Register: July 13, 2007 (Volume 72, Number 134)]
[Notices]              =20
[Page 38612-38614]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy07-97]                        =20

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

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

=20
Notice of Realty Action: Direct (Non-Competitive) Sale of Public=20
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=20
of Winnemucca, Nevada, and totaling 177.31 acres, has been examined and=20
found suitable for disposal utilizing direct sale procedures. The=20
authority for the sale is found under Sections 203 and 209 of the=20
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=20
Bureau of Land Management (BLM) on or before August 27, 2007.

ADDRESSES: Comments regarding the proposed sale should be addressed to=20
Field Manager, BLM, Winnemucca Field Office, 5100 East Winnemucca=20
Blvd., Winnemucca, Nevada 89445.

FOR FURTHER INFORMATION CONTACT: Information regarding the proposed=20
sale can be obtained at the public reception desk at the BLM,=20
Winnemucca Field Office, from 7:30 a.m. to 4:30 p.m., Monday through=20
Friday (except Federal holidays), or by contacting Barbara Kehrberg,=20
Realty Specialist, at the above address, or at (775) 623-1500, or by e-
mail bkehrberg@nv.blm.gov. =
For general information on the 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/realtysales.htm
.


SUPPLEMENTARY INFORMATION: Parcel N-66141 is located approximately 6=20
miles west of the city of Winnemucca, Nevada, west of Airport Road,=20
south of and adjacent to the Union Pacific Railroad tracks, and is=20
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=20
Humboldt County.

    This parcel of public land is proposed for sale to the City of=20
Winnemucca, Nevada, at no less than the appraised fair market value=20
(FMV) of $210,000.00, as determined by the authorized officer. An=20
appraisal report has been prepared by a State-certified appraiser for=20
the purposes of establishing the FMV.
    Consistent with Section 203 of FLPMA, a tract of the public land=20
may

[[Page 38613]]

be sold where, as a result of approved land use planning, the sale of=20
the tract meets the disposal criteria of that section. The lands=20
described above are identified as suitable for disposal in the BLM=20
Sonoma-Gerlach Management Framework Plan (MFP) signed July 9, 1982, and=20
in the BLM Paradise-Denio and Sonoma-Gerlach Management Framework Plan=20
Lands Amendment (Amendment), signed January 1999. The proposed disposal=20
action is consistent with the objectives, goals, and decisions of the=20
MFP and Amendment. MFP objective and decision L2.2 provides that the=20
Winnemucca Field Office should dispose of this property to local=20
governmental entities as identified by a local government, consistent=20
with community plans.
    This sale also meets the criteria found in 43 CFR 2710.0-3(a)(2),=20
which states: ``Disposal of such tract shall serve important public=20
objectives, including but not limited to, expansion of communities and=20
economic development, which cannot be achieved prudently or feasibly on=20
lands other than public lands and which outweigh other public=20
objectives and values, including, but not limited to, recreation and=20
scenic values, which would be served by maintaining such tract in=20
Federal ownership.'' The City of Winnemucca needs these lands to=20
provide rail transportation to the City-developed industrial park and=20
for proposed airport expansion.
    The disposal (sale) of Parcel N-66141 also meets the criteria found=20
under 43 CFR 2710.0-3(a)(3), which authorizes disposal where ``such=20
tract, because of its location or other characteristics is difficult=20
and uneconomic to manage as part of the public lands''. The lands are=20
isolated, surrounded by private lands, or intermingled with private=20
lands as to make them difficult to manage for any Federal purpose.=20
Parcel N-66141 is bordered on the north by the Union Pacific Railroad,=20
on the east and south by city-owned property, and on the west by=20
private property. There is no existing legal access to the subject=20
lands.
    Regulation 43 CFR 2711.3-3(a), provides that ``direct sales=20
(without competition) may be utilized, when in the opinion of the=20
authorized officer, a competitive sale is not appropriate and the=20
public interest would best be served by a direct sale. Examples=20
include, but are not limited to: (1) A tract identified for transfer to=20
State or local government.'' As noted above, these lands were=20
identified in the MFP as to be disposed of to only a local governmental=20
entity.
    The BLM prepared a preliminary Environmental Assessment (EA) and=20
provided a 30-day comment period. All comments received have been=20
considered and incorporated into the EA and Decision Record. The EA=20
Number NV-020-06-EA-08, Decision Record, Environmental Site Assessment,=20
map, and approved appraisal report covering the proposed sale are=20
available for review at the BLM, Winnemucca Field Office, in=20
Winnemucca, Nevada, at the address listed above.

Termination of Exchange Segregation

    Lands described in this Notice were previously segregated under=20
Exchange file N-80983, but a decision has been made not to proceed with=20
this exchange. This Notice officially terminates that Exchange=20
Segregation of the described lands. Pursuant to 43 CFR 2201.1-2(c) (2),=20
this Notice will also serve as an opening order to restore the above=20
described lands to operation of the sale provisions of sections 203 and=20
209 of the FLPMA, 43 U.S.C. 1713, 1719, and not the general mining=20
laws, as of 7:30 a.m. on July 13, 2007.

Sales Segregation

    Publication of this Notice in the Federal Register segregates the=20
subject land from all forms of appropriations under the public land=20
laws, including the general mining laws, except sale under the Sections=20
203 and 209 of FLPMA. The segregation will terminate upon issuance of=20
the patent, upon publication in the Federal Register of a termination=20
of the segregation, on July 13, 2009, whichever occurs 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 or canals constructed by the=20
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=20
sold; permittees, licensees, and lessees retain the right to prospect=20
for, mine, and remove the minerals owned by the United States under=20
applicable law and any regulations that the Secretary of the Interior=20
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=20
Stat. 1253, (43 U.S.C. 961), for an aerial transmission line granted to=20
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.=20
1761), for an aerial transmission line granted to Sierra Pacific Power=20
Company, its successor or assignees, by right-of-way NVN-041642, for=20
Parcel N-66141.
    6. The patentee, by accepting patent, agrees to indemnify, defend,=20
and hold the United States harmless from any costs, damages, claims,=20
causes of action, penalties, fines, liabilities, and judgments of any=20
kind arising from the past, present, or future acts or omissions of the=20
patentee, its employees, agents, contractors, lessees, or any third-
party arising out of or in connection with the patentee's use,=20
occupancy, or operations on the patented real property resulting in:=20
(1) Violations of Federal, State, and local laws and regulations that=20
are now, or in the future become, applicable to the real property; (2)=20
Judgments, claims, or demands of any kind assessed against the United=20
States; (3) Costs, expenses, or damages of any kind incurred by the=20
United States; (4) Releases or threatened releases of solid or=20
hazardous waste(s) and/or hazardous substance(s), pollutant(s) or=20
containment(s), and/or petroleum product or derivative of a petroleum=20
product, as defined by Federal and State environmental laws, off, on,=20
into, or under land, property, and other interests of the United=20
States; (5) Other activities by which solid or hazardous substance(s),=20
pollutant(s) or contaminant(s), and/or petroleum product or derivative=20
of a petroleum product, or waste(s), as defined by Federal and State=20
environmental laws, are generated, released, stored, used, or otherwise=20
disposed of on the patented real property, and any cleanup response,=20
remedial action, or other actions related in any manner to said solid=20
or hazardous substance(s) or waste(s), pollutant(s) or contaminant(s),=20
and/or petroleum product or derivative of a petroleum product; or (6)=20
natural resource damages as defined by Federal and State law. This=20
covenant shall be construed as running with the patented real property=20
and may be enforced by the United States in a court of competent=20
jurisdiction.
    7. Pursuant to the requirements established by section 120(h) of=20
the Comprehensive Environmental Response, Compensation and Liability=20
Act (CERCLA), (43 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 have any hazardous substances been=20
disposed of or released on the subject property.
    No warranty of any kind, expressed or implied, is given by the=20
United States as

[[Page 38614]]

to the title, physical condition, or potential uses of the parcel of=20
land proposed for sale, and the conveyance of any such parcel will not=20
be on a contingency basis. It is the buyer's responsibility to be aware=20
of all applicable Federal, State, and local government policies and=20
regulations 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 unreserved=20
mineral interests have been determined to have no known mineral value=20
pursuant to 43 CFR 2720.0-6 and 2720.2(a). Acceptance of the sale offer=20
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 mineral interests, and for=20
payment of publication costs. The purchaser must remit the remainder of=20
the purchase price within 180 days from the date the sale offer is=20
received. Payments must be by certified check, postal money order, bank=20
draft, or cashiers check payable to the U.S. Department of the=20
Interior--BLM. Failure to meet conditions established for this sale=20
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=20
the 60-day publication of this Notice of Realty Action. For a period=20
until August 27, 2007, interested persons may submit written comments=20
to the BLM Winnemucca Field Office at the address listed above.=20
Facsimiles, telephone calls, and e-mails are unacceptable means of=20
notification.
    Before including your address, phone number, e-mail address, or=20
other personal identifying information in your comment, you should be=20
aware that your entire comment, including your personal identifying=20
information, may be made publicly available at any time. While you can=20
ask us in your comment to withhold your personal identifying=20
information from public review, we cannot guarantee that we will be=20
able to do so.
    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.

(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