Notice of Realty Action: Direct (Non-Competitive) Sale of Public Lands, Nye County, NV, 4290-4292 [E7-1428]
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4290
Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Notices
Accordingly, in the notice, Emergency
Capital Repair Grants for Multifamily
Housing Projects Designated for
Occupancy by the Elderly published in
the Federal Register on May 22, 2006
(71 FR 29538), the following revision is
made:
On page 29538, third column, Section
III. Eligibility Requirements, the
introductory paragraph is revised to
read as follows:
Eligibility for emergency capital
repair grants under this notice is
restricted to: private nonprofit owners of
eligible multifamily-assisted housing
developments designated for occupancy
by elderly tenants, as specified in
sections 683(2)(B), (C), (D), (E), (F), or
(G) of the Housing and Community
Development Act of 1992 (Pub. L. 102–
550, approved October 28, 1992). Those
eligible projects not located in
presidentially declared disaster areas, as
identified below, must have had final
closing on or before January 1, 1999.
Those eligible projects that are located
in presidentially declared disaster areas
are eligible, without regard to date of
final closing. The eligible projects are:
Advanced National Seismic System
steering committee.
Meetings of the Scientific Earthquake
Studies Advisory Committee are open to
the public.
DATES: February 12, 2007, commencing
at 8:30 a.m. and adjourning at Noon on
February 13, 2007.
Contact: Dr. David Applegate, U.S.
Geological Survey, MS 905, 12201
Sunrise Valley Drive, Reston, Virginia
20192, (703) 648–6714,
applegate@usgs.gov.
Dated: January 23, 2007.
Brian D. Montgomery,
Assistant Secretary for Housing—Federal
Housing Commissioner.
[FR Doc. E7–1453 Filed 1–29–07; 8:45 am]
AGENCY:
DEPARTMENT OF THE INTERIOR
U.S. Geological Survey
Scientific Earthquake Studies Advisory
Committee
U.S. Geological Survey.
Notice of meeting.
AGENCY:
Pursuant to Public Law 106–
503, the Scientific Earthquake Studies
Advisory Committee (SESAC) will hold
its 15th meeting. The meeting location
is the U.S. Geological Survey, John
Wesley Powell National Center, Room
1B215, 12201 Sunrise Valley Drive,
Reston, Virginia 20192. The Committee
is comprised of members from
academia, industry, and State
government. The Committee shall
advise the Director of the U.S.
Geological Survey (USGS) on matters
relating to the USGS’s participation in
the National Earthquake Hazards
Reduction Program.
The Committee will receive updates
and provide guidance on Earthquake
Hazards Program activities and the
status of teams supported by the
Program, as well as a report from the
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SUMMARY:
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BILLING CODE 4311–AM–M
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NV–065–5870–EU; N–76679]
Notice of Realty Action: Direct (NonCompetitive) Sale of Public Lands, Nye
County, NV
Bureau of Land Management,
Interior.
ACTION: Notice of realty action.
BILLING CODE 4210–67–P
ACTION:
Dated: January 22, 2007.
P. Patrick Leahy,
Associate Director for Geology.
[FR Doc. 07–375 Filed 1–29–07; 8:45 am]
SUMMARY: A 105-acre parcel of public
land located near Hadley, Nye County,
Nevada, has been examined and found
suitable for sale utilizing direct sale
procedures. The authority for the sale is
found under Sections 203 and 209 of the
Federal Land Policy and Management
Act (FLPMA) [Public Law 94–579].
DATES: Comments regarding the
proposed sale or the environmental
assessment (EA) must be received by the
Bureau of Land Management (BLM) on
or before March 16, 2007.
ADDRESSES: Comments regarding the
proposed sale or EA should be
addressed to the Assistant Field
Manager, BLM, Tonopah Field Station,
1553 South Main Street, P.O. Box 911,
Tonopah, Nevada 89049.
FOR FURTHER INFORMATION CONTACT:
Information regarding the proposed sale
and the lands involved can be obtained
at the public reception desk at the BLM,
Tonopah Field Station from 7:30 a.m. to
4:30 p.m., Monday through Friday
(except Federal holidays), or by
contacting Wendy Seley, Realty
Specialist, at the above address, or at
(775) 482–7800 or by e-mail at
wseley@nv.blm.gov. For general
information on BLM’s public land sale
procedures, refer to the following Web
address: https://www.blm.gov/nhp/what/
lands/realty/sales.htm.
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
The land
is located approximately one mile east
of the Hadley Subdivision near Round
Mountain, Nevada and is described as
follows:
SUPPLEMENTARY INFORMATION:
Mount Diablo Meridian, Nevada
T. 10 N., R. 43 E.,
Sec. 21, E1⁄2NE1⁄4NE1⁄4SE1⁄4SE1⁄4,
E1⁄2SE1⁄4NE1⁄4SE1⁄4SE1⁄4,
E1⁄2NE1⁄4SE1⁄4SE1⁄4SE1⁄4, and
E1⁄2SE1⁄4SE1⁄4SE1⁄4SE1⁄4;
Sec. 22, W1⁄2NW1⁄4SW1⁄4SW1⁄4,
W1⁄2NE1⁄4NW1⁄4SW1⁄4SW1⁄4,
W1⁄2SE1⁄4NW1⁄4SW1⁄4SW1⁄4,
W1⁄2SW1⁄4SW1⁄4SW1⁄4,
W1⁄2NE1⁄4SW1⁄4SW1⁄4SW1⁄4,
W1⁄2SE1⁄4SW1⁄4SW1⁄4SW1⁄4;
Sec. 27, W1⁄2NW1⁄4NW1⁄4NW1⁄4,
W1⁄2SW1⁄4NW1⁄4NW1⁄4,
W1⁄2NW1⁄4SW1⁄4NW1⁄4,
W1⁄2SW1⁄4SW1⁄4NW1⁄4,
W1⁄2NW1⁄4NW1⁄4SW1⁄4,
W1⁄2SW1⁄4NW1⁄4SW1⁄4,
W1⁄2NW1⁄4SW1⁄4SW1⁄4, and
W1⁄2SW1⁄4SW1⁄4SW1⁄4;
Sec. 28, E1⁄2NE1⁄4SE1⁄4SE1⁄4,
E1⁄2NW1⁄4NE1⁄4SE1⁄4SE1⁄4,
E1⁄2SW1⁄4NE1⁄4SE1⁄4SE1⁄4,
NE1⁄4SE1⁄4SE1⁄4SE1⁄4,
E1⁄2NW1⁄4SE1⁄4SE1⁄4SE1⁄4, and
E1⁄2SE1⁄4SE1⁄4SE1⁄4SE1⁄4;
Sec. 33, E1⁄2NE1⁄4NE1⁄4NE1⁄4NE1⁄4,
E1⁄2SE1⁄4NE1⁄4NE1⁄4NE1⁄4,
E1⁄2NE1⁄4SE1⁄4NE1⁄4NE1⁄4,
E1⁄2SE1⁄4SE1⁄4NE1⁄4NE1⁄4,
E1⁄2NE1⁄4NE1⁄4SE1⁄4NE1⁄4,
E1⁄2SE1⁄4NE1⁄4SE1⁄4NE1⁄4, and
N1⁄2NE1⁄4SE1⁄4SE1⁄4NE1⁄4;
Sec. 34, W1⁄2NW1⁄4NW1⁄4NW1⁄4,
W1⁄2SW1⁄4NW1⁄4NW1⁄4,
W1⁄2NE1⁄4SW1⁄4NW1⁄4NW1⁄4,
W1⁄2SE1⁄4SW1⁄4NW1⁄4NW1⁄4,
W1⁄2NW1⁄4SW1⁄4NW1⁄4,
W1⁄2NE1⁄4NW1⁄4SW1⁄4NW1⁄4,
W1⁄2SE1⁄4NW1⁄4SW1⁄4NW1⁄4,
NW1⁄4SW1⁄4SW1⁄4NW1⁄4, and
W1⁄2NE1⁄4SW1⁄4SW1⁄4NW1⁄4.
The area described contains 105 acres,
more or less, in Nye County.
These lands are being offered for sale
to Round Mountain Gold Corporation of
Round Mountain, Nevada, at no less
than the appraised fair market value
(FMV) of $135,000.00, as determined by
the authorized officer after appraisal. An
appraisal report has been prepared by a
State certified appraiser for the purposes
of establishing FMV.
This parcel of land located near
Hadley, Nevada, is being offered for sale
through direct sale procedures. The land
meets the criteria for direct sale,
pursuant to 43 CFR 2711.3–3(a)(5), to
resolve inadvertent unauthorized use
and occupancy of the lands and
pursuant to 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.’’ During
E:\FR\FM\30JAN1.SGM
30JAN1
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Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Notices
construction of the Hadley Airport,
authorized by Public Airport Lease
(N–46058) in 1987, to Round Mountain
Gold Corporation, a portion of the
aircraft parking area and landing strip
was inadvertently developed on public
land outside of the airport lease area.
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. These
lands are identified as suitable for
disposal in the BLM Tonopah Resource
Management Plan (RMP) approved in
October 1997. The proposed disposal
action is consistent with the objectives,
goals, and decisions of the RMP.
The BLM provided a 30-day comment
period for the preliminary EA as part of
its public involvement. All comments
received have been considered and
incorporated into the EA and Decision
Record. The environmental assessment,
EA Number NV065–EA06–061, Decision
Record, Environmental Site Assessment,
map, and approved appraisal report
covering the proposed sale, are available
for review at the BLM, Tonopah Field
Station, Tonopah, Nevada.
Segregation:
Publication of this Notice in the
Federal Register segregates the subject
lands from all appropriations under the
public land laws, including the general
mining laws, except sale under the
Federal Land Policy and Management
Act of 1976. The segregation will
terminate upon issuance of the patent,
upon publication in the Federal
Register of a termination of the
segregation or January 30, 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
and canals constructed by 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, 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. A right-of-way authorized under
the Act of October 21, 1976, 90 Stat.
2776 (43 U.S.C. 1761) for an access road
granted to Nye County, its successor or
assignees, by right-of way NVN–46508;
4. A right-of-way authorized under
the Act of October 21, 1976, 90 Stat.
2776 (43 U.S.C. 1761) for a buried
telephone line granted to Nevada Bell,
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15:36 Jan 29, 2007
Jkt 211001
its successor or assignees, by right-ofway NVN–46314;
5. A right-of-way authorized under
the Act of October 21, 1976, 90 Stat.
2776 (43 U.S.C. 1761) for a fiber optic
line granted to Nevada Bell, its
successor or assignees, by right-of-way
NVN–63200;
6. All existing and valid land uses,
including livestock grazing leases,
unless waived.
7. Valid existing rights.
8. The purchaser/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, or
lessees, or any third-party arising out of
or in connection with the patentee’s use
and/or occupancy of 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
substances(s), as defined by Federal or
State environmental laws, off, on, into
or under land, property, and other
interests of the United States; (5) Other
activities by which solids or hazardous
substances or wastes, 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 substances or wastes;
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.
9. 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 have been stored
for one year or more, nor had any
hazardous substances been disposed of
or released on the subject property.
PO 00000
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Fmt 4703
Sfmt 4703
4291
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 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 remaining unreserved
mineral interests have been determined
to have no known mineral value
pursuant to 43 CFR 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 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 $50.00 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.
Round Mountain Gold Corporation
would be required to relinquish the only
active mining claims on the lands
identified for the proposed sale prior to
conveyance in order to complete the
sale as proposed.
A portion of the subject lands (34.06
acres, according to the survey records as
of June 8, 2006) were previously
segregated authorizing a public airport
(N–46058) pursuant to the Act of May
24, 1928, as amended (49 U.S.C. 211–
214) on November 19, 1987. This Notice
does not operate or serve as an opening
order.
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 16,
2007, interested parties may submit
E:\FR\FM\30JAN1.SGM
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4292
Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Notices
written comments to the Tonopah Field
Station, P.O. Box 911, Tonopah, Nevada
89049. Facsimiles, telephone calls, and
electronic mails are unacceptable means
of notification. Comments including
names and street addresses of
respondents will be available for public
review at the BLM, Tonopah Field
Station (address above) during regular
business hours, except holidays.
Individual respondents may request
confidentiality. If you wish to withhold
your name or address from public
disclosure under the Freedom of
Information Act, you must state this
prominently at the beginning of your
comments. Any determination by the
BLM to release or withhold the names
and/or addresses of those who comment
will be made on a case-by-case basis.
Such requests will be honored to the
extent allowed by law.
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. 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(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
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Fish Passage Improvement Project at
the Red Bluff Diversion Dam, Tehama
County, CA
Bureau of Reclamation,
Interior.
ACTION: Notice of Availability (NOA) of
the Draft Environmental Impact
Statement/Environmental Impact Report
(DEIS/EIR), recirculation of the
document.
ycherry on PROD1PC64 with NOTICES
AGENCY:
SUMMARY: The Bureau of Reclamation
(Reclamation) and the Tehama-Colusa
Canal Authority (TCCA) are recirculating the DEIS/EIR for the Fish
Passage Improvement Project at the Red
Bluff Diversion Dam for public review
and comment. The document is being
re-circulated for any additional
comments since it was originally
available to the public from August 14
through October 29, 2002, given the
length of lapsed time and the recent
selection of Alternative 2B as
Reclamation’s Preferred Alternative.
The public comments sent in 2002 are
VerDate Aug<31>2005
15:36 Jan 29, 2007
Jkt 211001
also available although no responses
have yet been completed. The final EIS/
EIR will be prepared after the end of the
new comment period.
DATES: Comments on the DEIS/EIR will
be accepted on or before March 16,
2007.
Written comments on the
DEIS/EIR should be sent to Mr. David
Bird, General Manager, Tehama-Colusa
Canal Authority, P.O. Box 1025,
Willows, CA 95988. Comments may be
submitted electronically by e-mailing
the project team: dbird@tccanal.com.
A copy of the Executive Summary,
DEIS/EIR, and/or technical appendices
may be obtained by calling Mr. Bird at
the telephone number below.
FOR FURTHER INFORMATION CONTACT: Mr.
Paul Freeman, Bureau of Reclamation,
telephone: 530–529–3890, fax: 530–
529–3895, e-mail:
pfreeman@mp.usbr.gov; or Mr. David
Bird, Tehama-Colusa Canal Authority,
telephone: 530–934–2125, e-mail:
dbird@tccanal.com.
ADDRESSES:
Since
construction of the Red Bluff Diversion
Dam, concern has been expressed
regarding the dam’s effect on both
upstream and downstream fish
migration. The dam was built with 11
movable gates. Raising the gates
eliminates the dam’s effect and allows
the river to flow unimpeded. Lowering
the dam gates allows for gravity
diversion into canals and results in the
creation of Lake Red Bluff.
Over the years, the dam gates have
been raised more frequently in an
attempt to enhance fish passage.
Therefore, the ability to divert irrigation
water has been gradually decreased
from year-round to the current 4-month
(gates-in) operations from May 15 to
September 14. During the remainder of
the year, the dam gates are open,
allowing a free flowing, unimpeded
river. Detailed studies show the current
design of the fish ladders and the
operations of the dam gates do not
adequately allow passage of all
threatened and endangered fish species.
The DEIS/EIR outlines the proposed
project alternatives that seek to address
issues related to the Red Bluff Diversion
Dam, including fish passage and water
supply. Current dam operations do not
adequately allow passage of threatened
and endangered fish species.
Additionally, current dam operations
limit the dam’s capacity to meet the
agricultural demand. To address these
critical issues, TCCA and Reclamation
are working together to determine an
appropriate solution.
The project goals are to:
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
• Substantially improve the long-term
reliable level of anadromous fish
passage, both upstream and
downstream, past the Red Bluff
Diversion Dam.
• Substantially improve the long-term
ability to reliably and cost-effectively
move sufficient water into the TehamaColusa Canal and the Corning Canal
systems to meet the needs of the water
districts served by the TCCA.
The TCCA and Reclamation are
working together as ‘‘co-lead’’ agencies
on this project to achieve the project
purpose and need. However, they are
independent agencies with various
interests and methods for approaching a
project such as this one. Work
conducted to date has built upon a wide
array of previous studies conducted at
the dam.
Through detailed feasibility studies,
six alternatives, including the No Action
alternative, were created based on
various combinations of new facilities
and operational changes. These have
been created to encompass the range of
options available to address the
identified water delivery and fish
passage issues.
The alternatives identified in the
DEIS/EIR are:
No action—The current operating
conditions remain the same with a 4month dam ‘‘gates-in,’’ that creates Lake
Red Bluff from May 15 to September 14.
The impacts of this option must be
studied to a similar level of detail as the
others. It is used as a benchmark for
comparison of the other alternatives.
1B—4-Month Bypass—This option
creates a fish-friendly channel around
the dam with sufficient water flow to
attract and transport fish moving
upstream and deliver juvenile fish
moving downstream when the dam
gates are lowered in late spring and
early fall. Gates would continue to be
lowered in the May 15 to September 14
period. A new pumping station would
be required to provide reliable
agricultural water supply from the river
into the water delivery canals.
1A and 2A—Improved fish ladders—
These two alternatives are being
considered and are aimed at improving
the efficiency of the ‘‘fish ladders’’
designed to create a passage for fish to
swim around the dam. The design
improvements will increase the flow of
water through the fish ladders. By
increasing the flow, more fish will be
attracted to the ladders and successfully
pass the dam. The two alternatives
differ in the operations of the dam gates.
Alternative 1A proposes lowering the
dam gates for the current 4-month
operation and Alternative 2A for a 2month operation (July 1 through August
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30JAN1
Agencies
[Federal Register Volume 72, Number 19 (Tuesday, January 30, 2007)]
[Notices]
[Pages 4290-4292]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1428]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NV-065-5870-EU; N-76679]
Notice of Realty Action: Direct (Non-Competitive) Sale of Public
Lands, Nye County, NV
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of realty action.
-----------------------------------------------------------------------
SUMMARY: A 105-acre parcel of public land located near Hadley, Nye
County, Nevada, has been examined and found suitable for sale utilizing
direct sale procedures. The authority for the sale is found under
Sections 203 and 209 of the Federal Land Policy and Management Act
(FLPMA) [Public Law 94-579].
DATES: Comments regarding the proposed sale or the environmental
assessment (EA) must be received by the Bureau of Land Management (BLM)
on or before March 16, 2007.
ADDRESSES: Comments regarding the proposed sale or EA should be
addressed to the Assistant Field Manager, BLM, Tonopah Field Station,
1553 South Main Street, P.O. Box 911, Tonopah, Nevada 89049.
FOR FURTHER INFORMATION CONTACT: Information regarding the proposed
sale and the lands involved can be obtained at the public reception
desk at the BLM, Tonopah Field Station from 7:30 a.m. to 4:30 p.m.,
Monday through Friday (except Federal holidays), or by contacting Wendy
Seley, Realty Specialist, at the above address, or at (775) 482-7800 or
by e-mail at wseley@nv.blm.gov. For general information on BLM's public
land sale procedures, refer to the following Web address: https://
www.blm.gov/nhp/what/lands/realty/sales.htm.
SUPPLEMENTARY INFORMATION: The land is located approximately one mile
east of the Hadley Subdivision near Round Mountain, Nevada and is
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
County.
These lands are being offered for sale to Round Mountain Gold
Corporation of Round Mountain, Nevada, at no less than the appraised
fair market value (FMV) of $135,000.00, as determined by the authorized
officer after appraisal. An appraisal report has been prepared by a
State certified appraiser for the purposes of establishing FMV.
This parcel of land located near Hadley, Nevada, is being offered
for sale through direct sale procedures. The land meets the criteria
for direct sale, pursuant to 43 CFR 2711.3-3(a)(5), to resolve
inadvertent unauthorized use and occupancy of the lands and pursuant to
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.'' During
[[Page 4291]]
construction of the Hadley Airport, authorized by Public Airport Lease
(N-46058) in 1987, to Round Mountain Gold Corporation, a portion of the
aircraft parking area and landing strip was inadvertently developed on
public land outside of the airport lease area. 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. These
lands are identified as suitable for disposal in the BLM Tonopah
Resource Management Plan (RMP) approved in October 1997. The proposed
disposal action is consistent with the objectives, goals, and decisions
of the RMP.
The BLM provided a 30-day comment period for the preliminary EA as
part of its public involvement. All comments received have been
considered and incorporated into the EA and Decision Record. The
environmental assessment, EA Number NV065-EA06-061, Decision Record,
Environmental Site Assessment, map, and approved appraisal report
covering the proposed sale, are available for review at the BLM,
Tonopah Field Station, Tonopah, Nevada.
Segregation:
Publication of this Notice in the Federal Register segregates the
subject lands from all appropriations under the public land laws,
including the general mining laws, except sale under the Federal Land
Policy and Management Act of 1976. The segregation will terminate upon
issuance of the patent, upon publication in the Federal Register of a
termination of the segregation or January 30, 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 and canals constructed by
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,
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. A right-of-way authorized under the Act of October 21, 1976, 90
Stat. 2776 (43 U.S.C. 1761) for an access road granted to Nye County,
its successor or assignees, by right-of way NVN-46508;
4. A right-of-way authorized under the Act of October 21, 1976, 90
Stat. 2776 (43 U.S.C. 1761) for a buried telephone line granted to
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
Stat. 2776 (43 U.S.C. 1761) for a fiber optic line granted to Nevada
Bell, its successor or assignees, by right-of-way NVN-63200;
6. All existing and valid land uses, including livestock grazing
leases, unless waived.
7. Valid existing rights.
8. The purchaser/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, or
lessees, or any third-party arising out of or in connection with the
patentee's use and/or occupancy of 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 substances(s), as defined by
Federal or State environmental laws, off, on, into or under land,
property, and other interests of the United States; (5) Other
activities by which solids or hazardous substances or wastes, 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 substances or wastes;
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.
9. 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 have been
stored for one year or more, nor had any hazardous substances been
disposed of or released on the subject property.
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 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 remaining
unreserved mineral interests have been determined to have no known
mineral value pursuant to 43 CFR 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 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 $50.00 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.
Round Mountain Gold Corporation would be required to relinquish the
only active mining claims on the lands identified for the proposed sale
prior to conveyance in order to complete the sale as proposed.
A portion of the subject lands (34.06 acres, according to the
survey records as of June 8, 2006) were previously segregated
authorizing a public airport (N-46058) pursuant to the Act of May 24,
1928, as amended (49 U.S.C. 211-214) on November 19, 1987. This Notice
does not operate or serve as an opening order.
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 16, 2007, interested parties may submit
[[Page 4292]]
written comments to the Tonopah Field Station, P.O. Box 911, Tonopah,
Nevada 89049. Facsimiles, telephone calls, and electronic mails are
unacceptable means of notification. Comments including names and street
addresses of respondents will be available for public review at the
BLM, Tonopah Field Station (address above) during regular business
hours, except holidays. Individual respondents may request
confidentiality. If you wish to withhold your name or address from
public disclosure under the Freedom of Information Act, you must state
this prominently at the beginning of your comments. Any determination
by the BLM to release or withhold the names and/or addresses of those
who comment will be made on a case-by-case basis. Such requests will be
honored to the extent allowed by law.
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. 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(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