Notice of Realty Action: Non-Competitive (Direct) Sale of Reversionary Interest, Portion of Recreation and Public Purposes Act Patent Number 27-74-0044; Nevada, 46503-46504 [E7-16340]

Agencies

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

[Federal Register Volume 72, Number 160 (Monday, August 20, 2007)]
[Notices]
[Pages 46503-46504]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16340]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-030-1430-EU; N-78083, 7-08808]


Notice of Realty Action: Non-Competitive (Direct) Sale of 
Reversionary Interest, Portion of Recreation and Public Purposes Act 
Patent Number 27-74-0044; Nevada

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 the 
reversionary interest of the United States held in the 3.75 acres of 
land patented to Carson City pursuant to the Recreation and Public 
Purposes (R&PP) Act of June 14, 1926, as amended (43 U.S.C. 869 et 
seq.), for a public park (N 7325) in Carson City, Nevada. The sale is 
authorized under the provisions in section 203 of the Federal Land 
Policy and Management Act (FLPMA) [43 U.S.C. 1713] and applicable 
regulations found at the 43 Code of Federal Regulations (CFR) at 2710.

DATES: For a period until October 4, 2007, interested parties may 
submit comments to the Field Manager, BLM Carson City Field Office.

ADDRESSES: Detailed information including but not limited to 
documentation relating to compliance with all applicable environmental 
and cultural resource laws is available for review at the BLM Carson 
City Field Office. Address written comments concerning this notice to: 
Donald T. Hicks, BLM Carson City Field Office Manager, 5665 Morgan Mill 
Road, Carson City, NV 89701.

FOR FURTHER INFORMATION CONTACT: Charles J. Kihm, Realty Specialist, at 
the address above or call (775)-885-6000.

SUPPLEMENTARY INFORMATION: The following described land in Carson City, 
Nevada, was patented to Carson City pursuant to the R&PP Act of June 
14, 1926 (44 Stat. 741, as amended; 43 U.S.C. 869 et seq.), on May 7, 
1974, for use as a public park (N 7325).

Mount Diablo Meridian, Nevada

T. 15 N., R. 20 E.
    Sec. 1, SW\1/4\SW\1/4\NW\1/4\;
    Sec. 2, W\1/2\ Lot 2 of NW\1/4\, NE\1/4\, and N\1/2\SE\1/4\;
    Sec. 3, E\1/2\ Lot 2 of NE\1/4\.

T. 16 N., R. 20 E.
    Sec. 35, SW\1/4\ and W\1/2\SE\1/4\.

    The area described contains 573.22 acres, more or less.

    Pursuant to the Recreation and Public Purpose (R&PP) Act, the 
United States retained and continues to hold a reversionary interest in 
the above described land. If Carson City attempts to transfer the title 
to, or control over, the land to a for-profit entity, or if the land is 
devoted to a for-profit use, the land, as stated in the Act, shall 
revert to the United States (43 U.S.C. 869-2(a)). Carson City proposes 
to change the use of a 3.75 acre parcel, located wholly within the 
above described 573.22 acre parcel of land from a city park use to a 
commercial (for-profit) use. If pursued, this new use would trigger the 
R&PP Act reverter or require its enforcement.
    The Federal reversionary interest in 3.75 acres of land in Carson 
City, Nevada, has been examined and found suitable for non-competitive 
(direct) sale, at fair market value, to the City of Carson City, Nevada 
in accordance with the FLPMA. Consequently, Carson City has requested 
the BLM to sell, pursuant to section 203 of the FLPMA, the following 
described parcel of land, free and clear of the R&PP Act reversionary 
interest of the United States:

Mount Diablo Meridian, Nevada

T. 15 N., R. 20 E.
    Sec. 2, S\1/2\SW\1/4\SW\1/4\NE\1/4\SE\1/4\, and SE\1/4\SW\1/
4\NE\1/4\SE\1/4\.

    The area described contains 3.75 acres, more or less.

    Carson City would pay the fair market value of this land in the sum 
of $510,000, as determined by the BLM authorized officer having taken 
into account an appraisal, conducted in accordance with the applicable 
appraisal standards and that assumed the land to be free and clear of 
the outstanding reversionary interest now held by the United States.
    Direct sale procedures to Carson City are considered appropriate, 
in this case, pursuant to 43 CFR 2710.0-6(c)(3)(iii) as the 3.75 acre 
parcel of land described above was patented previously to Carson City, 
and transfer of the Federal reversionary interest to any other entity 
would not protect existing equities in the land. The reversionary 
interest is not needed for any Federal purpose. The disposal is 
consistent with the 2001 BLM Carson City Consolidated Resource 
Management Plan, and would be in the public interest. The commercial 
use of this parcel would benefit Carson City by allowing resolution of 
an inadvertent encroachment onto the parcel.

Terms And Conditions

    The conveyance for the reversionary interest of the 3.75 acres will 
be subject to the provisions of the Federal Land Policy and Management 
Act and applicable regulations of the Secretary of the Interior, and 
the land will

[[Page 46504]]

continue to be subject to the following numbered terms and conditions:
    1. The reservation of a right-of-way thereon for ditches or canals 
constructed by the authority of the United States, Act of August 30, 
1890 (26 Stat. 391; 43 U.S.C. 945);
    2. All minerals shall be reserved to the United States, together 
with the right to prospect for, mine and remove such deposits from the 
same under applicable law and such regulations as the Secretary of the 
Interior may prescribe, including all necessary access and exit rights;
    3. Subject to valid existing rights;
    4. A right-of-way for Federal-Aid Highway purposes under Serial No. 
CC 020801 as authorized under the Act of August 27, 1958, as amended 
(23 U.S.C. 317);
    5. By accepting the sale patent, Carson City, subject to the 
limitations of law and to the extent allowed by law, shall be 
responsible for the acts or omissions of its officers, directors and 
employees in connection with the use or occupancy of the patented real 
property. Successors-in-interests of the patented real property:

Mount Diablo Meridian, Nevada

T. 15 N., R. 20 E.
    Sec. 2, S\1/2\SW\1/4\SW\1/4\NE\1/4\SE\1/4\ and SE\1/4\SW\1/
4\NE\1/4\SE\1/4\.

    The area described contains 3.75 acres, more or less.

except Carson City, shall indemnify, defend, and hold the United States 
and Carson City 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 successors-in-interest, excluding Carson City, or its employees, 
agents, contractors, or lessees, arising out of or in connection with 
the successor-in-interests, excluding Carson City, 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 successor-in-interests, excluding Carson City, and its 
employees, agents, contractors, or lessees, 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 or 
Carson City; (3) Costs, expenses, or damages of any kind incurred by 
the United States or Carson City; (4) Other 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 or Carson 
City; (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 parcels of land patented or otherwise conveyed by the United 
States, and may be enforced against successors-in-interest, excluding 
Carson City, by the United States or Carson City in a court of 
competent jurisdiction.
    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 be developed, 
its physical condition or its past, present of potential uses. However, 
to the extent required by law, the sale will be subject to the 
requirements of section 120(h) of the Comprehensive Environmental 
Response, Compensation and Liability Act (42 U.S.C. 9620(h)).
    Comments must be received by the BLM Carson City Field Office 
Manager at the address above, on or before the date noted in the DATES 
section above. 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 by 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.
    Facsimiles, telephone calls, and electronic mails are unacceptable 
means of notification. Any adverse comments regarding the proposed 
action will be reviewed by the State Director, who may sustain, vacate 
or modify this realty action. The lands will not be offered for sale 
until at least 60 days after the date of publication of this notice in 
the Federal Register.

    Authority: 43 CFR 2711.1-2(a) and (c).

Donald T. Hicks,
Manager, Carson City Field Office.
 [FR Doc. E7-16340 Filed 8-17-07; 8:45 am]
BILLING CODE 4310-HC-P