Notice of Realty Action: Direct (Non-Competitive) Sale of Public Lands in Lincoln County, NV, 46500-46503 [E7-16339]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management
• Land Management Bureau

[Federal Register Volume 72, Number 160 (Monday, August 20, 2007)]
[Notices]
[Pages 46500-46503]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16339]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-040-5870-EU; N-80737, 7-08807]


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

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) proposes to sell a 217 
acre parcel (N-80737) of federally owned lands in Lincoln County, 
located south of Alamo, Nevada. These public lands have been examined 
and found suitable for disposal utilizing direct sale procedures. The 
authority for the sale is established under section 203 and 209 of the 
Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1713 
and 1719).

DATES: Comments regarding the proposed sale must be received by BLM on 
or before October 4, 2007.

ADDRESSES: Written comments regarding the proposed sale must be 
submitted to: Field Manager, BLM Las Vegas Field Office, 4701 N. Torrey 
Pines Drive, Las Vegas, NV 89130.

FOR FURTHER INFORMATION CONTACT: You may contact the Las Vegas Field 
Office at (702) 515-5000 from 7:30 a.m. to 4:30 p.m., Monday through 
Friday (except Federal holidays), and ask to have your call directed to 
Manuela Johnson, Realty Specialist.

SUPPLEMENTARY INFORMATION: Parcel N-80737 (Parcel A) is located south 
of Alamo, Nevada and will be offered for sale utilizing non-competitive 
(direct sale) procedures in Lincoln County.

Mount Diablo Meridian, Nevada

T. 07 S., R. 61 E., (Parcel A)--Non-competitive
    Section 9, NW\1/4\ and N\1/2\SW\1/4\;
    Section 8, NE\1/4\.

    The area described contains 217 acres, more or less in Lincoln 
County.

    This parcel of public land is proposed for sale to Lincoln County, 
Nevada at no less than the appraised fair market value (FMV) as 
determined by the authorized officer after appraisal. Current appraisal

[[Page 46501]]

for the parcel will be available for public review at the LVFO.
    As stated, parcel A is proposed for sale subject to the applicable 
provisions of sections 203 and 209 of the FLPMA, as well as regulations 
at 43 CFR Parts 2710 and 2720. The sale disposal is carried out in 
accordance with section 205 of the Federal Land Transaction 
Facilitation Act of July 25, 2000 (FLTFA) (43 U.S.C. 2304), in which 
the proceeds from the sale of the lands will be deposited into the 
Federal Land Disposal Account.
    Consistent with the FLPMA section 203, the tract of public lands 
may be sold as a result of approved land use planning if the sale of 
the tract meets the disposal criteria. These lands are identified as 
suitable for disposal in the BLM Caliente Management Framework Plan 
approved July 14, 1980, and the Caliente Management Framework Plan 
Amendment (MFP Amendment) and Record of Decision for the Management of 
Desert Tortoise Habitat, approved on September 19, 2000. The identified 
lands are not needed for any Federal purpose. The proposed disposal 
action is consistent with the objectives, goals, and decisions of the 
MFP Amendment, and would be in the public interest.
    The MFP Amendment and Record of Decision for the Management of 
Desert Tortoise Habitat provides that a maximum of 16,926 acres of 
desert tortoise habitat outside of areas of critical environmental 
concern (ACECs) and designated critical habitat may be disposed of 
through the appropriate laws. The U.S. Fish and Wildlife Service 
Biological Opinion (BO) for the Amendment (Appendix B) states that the 
actions proposed for implementation including land disposal are not 
likely to jeopardize the continued existence of the threatened Mojave 
population of desert tortoise. This disposal is in accordance with the 
MFP decision L-4. According to the MFP Amendment, lands identified 
within desert tortoise habitat, but outside designated ACECs/Desert 
Wildlife Management Areas (DWMAs), and critical habitat may be conveyed 
for community expansion and public projects. The above described lands 
fall outside the ACEC/DWMAs and critical habitat. They lie within the 
16,926 acres and are available for sale. Once lands are transferred 
from public to private ownership, actions that may impact desert 
tortoise would be covered under section 10 of the Endangered Species 
Act.
    This sale also meets the criteria found in Title 43 CFR 2710.0-
3(a)(2) which states ``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.'' The City of Alamo needs these lands to promote 
community expansion and economic development which is prohibited by the 
lack of private land in Lincoln County.
    The disposal (sale) of the lands also meets the criteria found 
under Title 43 CFR 2710.0-3(a)(3) where ``such a 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''. Parcel A is bordered on the 
west half by private lands and U.S. Highway 93 although physical access 
is limited due to the terrain.
    BLM regulations at 43 CFR 2711.3-3(a) provide: ``Direct sales 
(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 a direct sale.'' Examples 
include, but are not limited to: (1) 43 CFR 2711.3-3(a)(1) ``A tract 
identified for transfer to State or local government or nonprofit 
organization'' or (2) 43 CFR 2711.3-3(a)(2) ``A tract identified for 
sale that is an integral part of a project of public importance and 
speculative bidding would jeopardize a timely completion and economic 
viability of the project.'' Direct sale is appropriate for these 
identified lands because Lincoln County has expressed an interest in 
purchasing them for the purpose of providing for community expansion 
and business opportunities. The County has invested substantial 
resources in planning efforts regarding these opportunities since 1998. 
The County's ownership of this parcel is vital to the success of a 
proposed industrial park. At present, this land is without any type of 
infrastructure that is necessary to attract and support business. Alamo 
is a remote community and businesses have been unwilling to make the 
necessary substantial investments in infrastructure due to the 
uncertainty of a market. As a result, the responsibility for providing 
this infrastructure will fall to Lincoln County. Lincoln County has 
explored a number of grant opportunities to partially fund the 
infrastructure investment necessary. To receive these grants, however, 
the county must have title to the land. Therefore it is essential that 
the County acquire these lands. Speculative bidding could jeopardize 
the economic viability for the Alamo region. If sold competitively, the 
lands could be purchased for speculation and remain undeveloped for a 
period of time. It is in the public benefit to ensure timely 
development of these lands; that can only be ensured by the County's 
acquisition of these lands. Less than two percent of the land area in 
Lincoln County is private. The Town of Alamo is surrounded by BLM-
administered land and has no sizeable private land to accommodate 
economic growth or community expansion. The local economy in Lincoln 
County has seen little expansion or diversification in the past few 
decades.
    Limitations in local employment have resulted in a high rate of 
young persons who leave the county to seek higher education or 
employment. While Lincoln County would like these lands to be developed 
for light manufacturing or industrial use, the County would like to 
maintain control over location and development of such facilities. 
Since the issuance of its Overall Economic Development Plan (OEDP) in 
August 1998, Lincoln County has been working on the development of this 
parcel as a priority project. The light manufacturing and related 
industries were identified in a study by a consulting group. In 
December 1999, they began working on securing water rights for the 
project. On April 9, 2001 the Nevada State Engineer granted them a 
permit for 215.5 acre-feet of groundwater.
    The Nevada Commission on Economic Development granted Lincoln 
County $280,000 for land acquisition and another $90,000 for 
infrastructure improvements. Lincoln County Regional Development 
Authority (LCRDA) budgeted $75,000 for the Alamo project 
infrastructure, and received from the Nevada Commission on Economic 
Development a $20,000 grant to design and implement a Phase II target 
industry marketing campaign.
    During the past eight years, Lincoln County has obtained a permit 
for drilling and pump testing in preparation of a design report and 
application for groundwater. In 2001, they began to actively market the 
proposed project to the prospective industry. Because of the lack of 
available private lands, the County has lost interested prospects for 
this project.
    The BLM provided a 30-day comment period for the EA as part of its 
public involvement. All comments received have been considered and 
incorporated into the EA and Decision Record. The EA (NV-040-07-35), 
Decision Record, Environmental Site Assessment, map

[[Page 46502]]

and approved appraisal report covering the proposed sale, are available 
for review at the BLM, Las Vegas Field Office, Las Vegas, Nevada.
    Minerals for this parcel will be reserved in accordance with BLM's 
approved Mineral Potential Report dated October 5, 2006. 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 Las 
Vegas Field Office (address above) or the Ely Field Office, 702 North 
Industrial Way, Ely, NV 89301.

Sale 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 August 20, 2009, whichever occurs 
first.

Terms and Conditions

    The patent issued would contain the following numbered 
reservations, covenants, terms and conditions:
    1. All leasable minerals are reserved to the United States, its 
permittees, licensees and lessees, together with the right to 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 rights-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. The parcel is subject to valid existing rights.
    4. Those rights for access road and water pipeline purposes which 
have been granted to Alamo Sewer & Water, its successors and assigns, 
by rights-of-way N-26753, pursuant to the Act of October 21, 1976 (43 
U.S.C. 1761).
    5. Those rights for buried fiber-optic cable purposes which have 
been granted to Lincoln County Telephone System, its successors and 
assigns, by rights-of-way N-55053, pursuant to the Act of October 21, 
1976 (43 U.S.C. 1761).
    6. Those rights for highway purposes which have been granted to 
Nevada Department of Transportation, its successors and assigns, by 
rights-of-way N-058197, pursuant to the Act of August 27, 1958 (43 
U.S.C. 317(A)).
    7. Those rights for irrigation canal purposes which have been 
granted to Alamo Irrigation Company, its successors and assigns, by 
rights-of-way NVCC-022589, pursuant to the Act of March 3, 1891 (43 
U.S.C. 946-951).
    8. Those rights for water facility purposes which have been granted 
to Lincoln County Commissioners, its successors and assigns, by rights-
of-way N-63392, pursuant to the Act of October 21, 1976 (43 U.S.C. 
1761).
    9. The purchaser/patentee, the County of Lincoln, Nevada by 
accepting a patent, covenant and agree 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 or their 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 and their employees, 
agents, contractors, or lessees, or any third party, arising out of or 
in connection with the use and/or occupancy of the patented real 
property which has already resulted or does hereafter result in: (1) 
Violations of Federal, State, and local laws and regulations that are 
now or may 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) Activities by 
which solid waste or hazardous substances or waste, 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 parcels of land patented or 
otherwise conveyed by the United States, and may be enforced by the 
United States in a court of competent jurisdiction.
    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), 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 has been stored for one 
year or more, nor had any hazardous substances been disposed of or 
released on the subject property.
    The sale parcel is subject to reservations for roads, public 
utilities and flood control purposes in accordance with the local 
governing entities' transportation plans. The parcel may also be 
subject to applications received prior to publication of this Notice of 
Realty Action if processing the application would have no adverse 
affect on the marketability or the federally approved fair market value 
of a parcel. Encumbrances that may appear on the BLM public files for 
the parcel proposed for sale are available for review during business 
hours, 7:30 a.m. to 4:30 p.m. PDT, Monday through Friday, at BLM Las 
Vegas and Ely field offices.
    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.
    The approved appraisal report, maps, EA, and other supporting 
documentation are available for review at the BLM Las Vegas and Ely 
field offices. Information is also available online at https://
www.nv.blm.gov.
    Under 43 CFR 2711.3-1(d) and 2711.3-1(b), a deposit of not less 
than 20 percent of the federally approved fair market value must be 
submitted, 30 days from the date of the sale offer, by 4 p.m. PDT at 
the BLM Las Vegas Field Office. Payment must be made in the form of 
cash (U.S. dollars), or in the form of a certified check, bank draft, 
cashier's check, postal money order or any combination thereof, made 
payable

[[Page 46503]]

in U.S. dollars to the order of the DOI-Bureau of Land Management.
    Failure to submit the deposit will result in forfeiture of the sale 
offer. Remainder of the purchase price must be paid within 180 calendar 
days following the date of the sale offer. Failure to pay the full 
price within the 180 days will disqualify the sale offer and cause the 
entire 20 percent deposit to be forfeited to the BLM, 43 CFR 2711.3-
1(d) and 2711.3-3. No exceptions will be made. BLM cannot accept the 
full price at any time following the expiration of the 180th day after 
the sale offer. Payment must be received in the form of a certified 
check, postal money order, bank draft, or cashier's check made payable 
in U.S. dollars to the order of the DOI-Bureau of Land Management. 
Personal checks will not be accepted for the remainder payment. 
Arrangements for electronic fund transfer to BLM for the balance due 
shall be made a minimum of two weeks prior to payment.
    Public Comments: The subject parcel of land will not be offered for 
sale prior to 60 days after publication of this notice of realty 
action. For a period until October 4, 2007, interested parties may 
submit written comments to the Field Manager, BLM Las Vegas Field 
Office, 4701 North Torrey Pines Drive, Las Vegas, NV 89130. Only 
written comments submitted by postal service or overnight mail will be 
considered as properly filed. E-mail, facsimile or telephone comments 
will not be considered 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 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)

John F. Ruhs,
Field Manager, Ely.
[FR Doc. E7-16339 Filed 8-17-07; 8:45 am]
BILLING CODE 4310-HC-P