Notice of Realty ACTION: Direct (Non-Competitive) Sale of Public Land and Opening Order in Humboldt County, Nevada, 71941-71943 [E7-24524]

Download as PDF Federal Register / Vol. 72, No. 243 / Wednesday, December 19, 2007 / Notices Upon revocation the State of Alaska application for selection made under the Alaska Statehood Act and the Alaska National Interest Lands Conservation Act becomes effective without further action by the State, if such land is otherwise available. Otherwise the land in the revocation will be subject to the terms and conditions of Public Land Order No. 5186, as amended, and any other withdrawal, applications, or segregation of record. mstockstill on PROD1PC66 with NOTICES Order By virtue of the authority vested in the Secretary of the Interior by section 204 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714 (2000), it is ordered as follows: 1. Public Land Order No. 3708, as modified by Public Land Order No. 6709, which withdrew public land from all forms of appropriation under the public land laws, including the mining laws, but not from leasing under the mineral leasing laws, is hereby revoked only insofar as it affects the following described land: Fairbanks Meridian T. 2 N., R. 2 E., sec. 20, commencing at the closing Corner marked by a 21⁄2″ aluminum cap on an aluminum pipe stamped E–ES–MS2008 and being on the south boundary of sec. 20, T. 2 N., R. 2 E., and common to the north boundary of Mineral Survey No. 2008; proceed N 0° 10′ 01″ W along the west boundary of Tract C–3 as depicted on the Alaska State Cadastral Survey Plat filed May 24, 1994 as Instrument Number 94–72 in Fairbanks Recording District a distance of 1,455 feet to the True Point of Beginning; then continue N 0° 10′ 01″ W along the west boundary of Tract C–3 approximately 588 feet to an additional closing corner of Sec. 20 marked by an aluminum cap on an aluminum pipe stamped CC S 20, 4473– S 1993, Corner #1; then proceed N 0°10′46″ W along the aforementioned Tract C–3 a distance of about 2,950 feet to the E 1⁄16 corner common to secs. 17 and 20 marked by BLM with a brass cap in 1966 and 1987, Corner #2; then proceed along the section line common to secs. 17 and 20 approximately 660 feet to a point marked by an aluminum cap on an aluminum pipe stamped 17⁄20 E W Property Corner 1⁄64 NOAA 705–S; then continue west along the section line approximately 155 feet to a point that has been flagged and is located approximately 144 feet east of an existing power line at approximate latitude 64° 59.610′, longitude 147° 23.151′, Corner #3; then proceed S 03° 21′ 32″ W approximately 2,362 feet to a point, Corner #4; then proceed S 40° 06′ 01″ E approximately 1,540 feet to the True Point of Beginning. The area described contains approximately 63 acres. VerDate Aug<31>2005 21:40 Dec 18, 2007 Jkt 214001 2. The State of Alaska application for selection made under Section 6(a) of the Alaska Statehood Act of July 7, 1958, 48 U.S.C. note prec. 21 (2000), and under Section 906(e) of the Alaska National Interest Lands Conservation Act, 43 U.S.C. 1635(e) (2000), becomes effective without further action by the State upon publication of this Public Land Order in the Federal Register, if such land is otherwise available. Land selected by, but not conveyed to, the State will be subject to Public Land Order No. 5186, as amended, and any other withdrawal or segregation of record. Dated: December 10, 2007. C. Stephen Allred, Assistant Secretary—Land and Minerals Management. [FR Doc. E7–24560 Filed 12–18–07; 8:45 am] BILLING CODE 4310–JA–P 71941 2. Public Land Order No. 6675 will expire on May 5, 2028, unless, as a result of a review conducted prior to the expiration date pursuant to Section 204(f) of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714(f) (2000), the Secretary determines that the withdrawal shall be extended. Dated: November 13, 2007. C. Stephen Allred, Assistant Secretary—Land and Minerals Management. [FR Doc. E7–24558 Filed 12–18–07; 8:45 am] BILLING CODE 4310–FB–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV–020–5870–EU; N–66141; 8–08807; TAS: 14X5260] Bureau of Land Management Notice of Realty ACTION: Direct (NonCompetitive) Sale of Public Land and Opening Order in Humboldt County, Nevada [NM–220–1430–ET; NMNM 66022] AGENCY: DEPARTMENT OF THE INTERIOR Public Land Order No. 7686; Extension of Public Land Order No. 6675; New Mexico AGENCY: Bureau of Land Management, Interior. Public land order. ACTION: SUMMARY: This order extends the duration of the withdrawal created by Public Land Order No. 6675 for an additional 20-year period. This extension is necessary to continue the protection of the Bureau of Land Management’s Quartzite and County Line Recreational Sites along the Rio Grande in Taos and Rio Arriba Counties. DATES: Effective Date: May 6, 2008. FOR FURTHER INFORMATION CONTACT: Lora Yonemoto, BLM Taos Field Office, 226 Cruz Alta Road, Taos, New Mexico 87571, 505–751–4709. Order By virtue of the authority vested in the Secretary of the Interior by Section 204 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714 (2000), it is ordered as follows: 1. Public Land Order No. 6675 (53 FR 16269), which withdrew 264.39 acres of public lands from settlement, sale, location or entry under the general land laws including the mining laws to protect the recreational values and Federal investment in improvements at the Fishing Hole Recreational Site (now named Quartzite) and County Line Recreational Sites, is hereby extended for an additional 20-year period. PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 Bureau of Land Management, Interior. ACTION: Notice of Realty Action. SUMMARY: One parcel of public land (Parcel N–66141), located southwest of Winnemucca, Nevada and approximately 177.31 acres, has been examined and found suitable for disposal utilizing direct sale procedures. The authority for the sale is found under Sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (FLPMA), (43 U.S.C. 1713 and 1719). A prior Notice of Realty Action (Notice) was published in the Federal Register on July 13, 2007, Volume 72, Number 134, Page 38612. That Notice contained an error in the legal description of the lands proposed for sale. This Notice serves to correct that error in the appropriate legal description to be offered for sale under N–66141. DATES: Interested parties may submit comments to the Bureau of Land Management (BLM) regarding the proposed sale of the land until February 4, 2008. ADDRESSES: Mail written comments to the BLM Field Manager, Winnemucca Field Office, 5100 East Winnemucca Blvd., Winnemucca, NV 89445. FOR FURTHER INFORMATION CONTACT: Lewis Trout, (775) 623–1500. SUPPLEMENTARY INFORMATION: Parcel N– 66141 is located approximately six miles west of the city of Winnemucca, Nevada, west of Airport Road, south of and adjacent to the Union Pacific E:\FR\FM\19DEN1.SGM 19DEN1 71942 Federal Register / Vol. 72, No. 243 / Wednesday, December 19, 2007 / Notices Railroad tracks, and is described as follows: mstockstill on PROD1PC66 with NOTICES Mount Diablo Meridian, Nevada. T. 35 N., R. 37 E., sec. 16, lots 3, 12, 15, 16, 17, 18, 19, 22, and 23. The area described contains 177.31 acres, more or less. This parcel of public land is proposed for sale to the City of Winnemucca, Nevada, at no less than the appraised fair market value (FMV) of $180,000, as determined by the authorized officer. An appraisal report has been prepared by a State-certified appraiser for the purposes of establishing FMV. Consistent with section 203 of FLPMA, a tract of the public land may be sold where, as a result of approved land use planning, the sale of the tract meets the disposal criteria of that section. The lands described above are identified as suitable for disposal in the BLM Sonoma-Gerlach Management Framework Plan (MFP), signed on July 9, 1982, and in the BLM Paradise-Denio and Sonoma-Gerlach Management Framework Plan Lands Amendment (Amendment), signed on January 15, 1999. The proposed disposal action is consistent with the objectives, goals, and decisions of the MFP and Amendment. MFP objective and decision L2.2 provides that the Winnemucca Field Office should dispose of this property to local governmental entities as identified by a local government, consistent with community plans. This sale meets the criteria found in 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 Winnemucca needs these lands to provide rail transportation to the citydeveloped industrial park and for proposed airport expansion. The disposal (sale) of Parcel N–66141 also meets the criteria found under 43 CFR 2710.0–3(a)(3), which authorizes disposal where, ‘‘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.’’ The lands are isolated, surrounded by private lands, or are intermingled with VerDate Aug<31>2005 21:40 Dec 18, 2007 Jkt 214001 private lands as to make them difficult to manage for any Federal purpose. Parcel N–66141 is bordered on the north by the Union Pacific Railroad, on the east and south by city-owned property, and on the west by private property. There is no existing legal access to the subject lands. Regulation 43 CFR 2711.3–3(a) provides that, ‘‘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) A tract identified for transfer to State or local government * * * ’’ As noted above, these lands were identified in the MFP as to be disposed of to only a local governmental entity. The Winnemucca Field Office prepared a preliminary Environmental Assessment (EA). All comments received have been considered and incorporated into the EA and Decision Record. As previously stated the Notice regarding this proposed sale was published in the Federal Register on July 13, 2007. The BLM received no comments from the public regarding this Realty Action. The EA Number NV– 020–06–EA–08, Decision Record, Environmental Site Assessment, maps, and approved appraisal report covering the proposed sale, are available for review at the BLM, Winnemucca Field Office, in Winnemucca, Nevada, at the address listed above. Termination of Exchange Segregation Lands described in this Notice were previously segregated under Exchange file N–80983, but a decision has been made not to proceed with this exchange. This Notice officially terminates that Exchange Segregation of the described lands. Pursuant to 43 CFR 2201.1– 2(c)(2), this Notice will also serve as an opening order to restore the above described lands to operation of the sale provisions of Sections 203 and 209 of the FLPMA, (43 U.S.C. 1713 and 1719), and not the general mining laws, as of 7:30 a.m. Pacific Standard Time (PST) on December 19, 2007. Sales Segregation Publication of this Notice in the Federal Register segregates the subject land from all forms of appropriations under the public land laws, including the general mining and mineral leasing laws, except sale under Sections 203 and 209 of FLPMA. The segregation will terminate upon issuance of the patent, upon publication in the Federal Register of a termination of the PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 segregation, or on December 21, 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 or canals constructed by 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 sold. Permittees, licensees, and lessees retain the right to prospect for, mine, and remove the oil, gas, and geothermal resources 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. All valid existing rights; 4. Right-of-way Nev–042767 for aerial transmission line purposes authorized granted to Sierra Pacific Power Company, its successors or assigns, pursuant to the Act of March 4, 1911, (43 U.S.C. 961); 5. Right-of-way N–41642 for aerial transmission line purposes authorized granted to Sierra Pacific Power Company, its successors or assigns, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761); 6. The 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, lessees, or any third-party arising out of or in connection with the patentee’s use, occupancy, or operations on 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 substance(s), pollutant(s) or contaminants(s), and/or petroleum product(s) or derivative(s) of a petroleum product, as defined by Federal and State environmental laws, off, on, into, or under land, property, and other interests of the United States; (5) Other activities by which solid or hazardous substance(s), pollutant(s) or contaminants(s), and/or petroleum product(s) or derivative(s) of a petroleum product, or waste(s), as defined by Federal and State environmental laws, are generated, E:\FR\FM\19DEN1.SGM 19DEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 243 / Wednesday, December 19, 2007 / Notices 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 substance(s) or waste(s), pollutant(s) or contaminants(s), and/or petroleum product(s) or derivative(s) of a petroleum product; 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; and, 7. Pursuant to the requirements established by section 120(h) of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) (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 have been stored for one year or more, nor have any hazardous substances been disposed of or released on the subject property. No warranty of any kind, expressed 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 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. In the event of a sale, the unreserved mineral interests will be conveyed simultaneously with the sale of the land. These unreserved mineral interests have been determined to have no known mineral value pursuant to 43 CFR 2720.0–6, 43 CFR 2720.2(a), and 43 CFR 2720.2(b). 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 non-refundable filing fee for conveyance of 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, and the $50 filing fee for conveyance of mineral interests. The purchaser must remit the remainder of the purchase price within 180 days from the date of the sale. VerDate Aug<31>2005 21:40 Dec 18, 2007 Jkt 214001 Payments must be by certified check, postal money order, bank draft, or cashier’s 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. 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 February 4, 2008, interested persons may submit written comments to the BLM Winnemucca Field Office at the address listed above. Facsimiles, telephone calls, and electronic mail are unacceptable means of notification. Only written comments received by postal service or overnight mail to the Field Manager, BLM Winnemucca Field Office will be considered 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 may 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 will be reviewed by the Nevada State Director, who may sustain, vacate, or modify this realty action and issue a final determination. (Authority: 43 CFR 2711.1–2(a)) Dated: December 12, 2007. Gail G. Givens, Field Manager, Winnemucca. [FR Doc. E7–24524 Filed 12–18–07; 8:45 am] BILLING CODE 4310–HC–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NM–030–1430–ES; NMNM 118224] Notice of Realty Action Bureau of Land Management (BLM), Interior. ACTION: Notice of realty action. AGENCY: SUMMARY: The Bureau of Land Management (BLM) has examined and found suitable approximately 80.24 acres of public land in Dona Ana County, New Mexico for classification for lease or subsequent conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended (44 Stat. 741, as amended; 43 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 71943 U.S. C. 869 et seq.) and Section 212 of the Federal Land Policy and Management Act (FLPMA of 1976, as amended). Las Cruces Public Schools propose to use the land for a K–5 elementary school and a 6–8 grade middle school and playgrounds. DATES: Interested parties may submit written comments regarding the proposed lease/conveyance or classification of the lands until February 4, 2008. ADDRESSES: Send written comments to the District Manager, BLM, Las Cruces District Office, 1800 Marquess Street, Las Cruces, New Mexico 88005. FOR FURTHER INFORMATION CONTACT: Al Chavez, Realty Specialist at the above address or on (575) 525–4376. SUPPLEMENTARY INFORMATION: In accordance with Section 7 of the Taylor Grazing Act, as amended, 43 U.S.C. 315f, the following described land has been examined and found suitable for classification for a non-profit, public purpose—specifically a site for a K–5 elementary school and a 6–8 grade middle school and playgrounds owned, operated and organized by Las Cruces Public Schools. The land is hereby classified accordingly. The parcel of public land, located north of Las Cruces, is described as follows: New Mexico Principal Meridian T. 22 S., R. 2 E., Section 10, NE1/4SE1/4, SW1/4SW1/4 The area described contains 80.24 acres, more or less, in Dona Ana County. Las Cruces Public Schools propose to develop the land to construct an elementary school and middle school and playgrounds for the purpose of meeting educational needs in a rapidly growing community. The site would be leased for a period of 5 years with the option to purchase after the sites are developed according to the Las Cruces District’s 5-Year Master Plan. Conveying title to the affected public land is consistent with current BLM land use planning. The lease or conveyance, when issued, will be subject to the following terms, conditions, and reservations: 1. Provisions of the R&PP Act and to all applicable regulations of the Secretary of the Interior. 2. A right-of-way for ditches and canals constructed by the authority of the United States, Act of August 30, 1890 (43 U.S.C. 945). 3. All valid existing rights documented on the official public land records at the time of lease/patent issuance. 4. All minerals shall be reserved to the United States, together with the E:\FR\FM\19DEN1.SGM 19DEN1

Agencies

[Federal Register Volume 72, Number 243 (Wednesday, December 19, 2007)]
[Notices]
[Pages 71941-71943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24524]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-020-5870-EU; N-66141; 8-08807; TAS: 14X5260]


Notice of Realty ACTION: Direct (Non-Competitive) Sale of Public 
Land and Opening Order in Humboldt County, Nevada

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 
of Winnemucca, Nevada and approximately 177.31 acres, has been examined 
and found suitable for disposal utilizing direct sale procedures. The 
authority for the sale is found under Sections 203 and 209 of the 
Federal Land Policy and Management Act of 1976 (FLPMA), (43 U.S.C. 1713 
and 1719).
    A prior Notice of Realty Action (Notice) was published in the 
Federal Register on July 13, 2007, Volume 72, Number 134, Page 38612. 
That Notice contained an error in the legal description of the lands 
proposed for sale. This Notice serves to correct that error in the 
appropriate legal description to be offered for sale under N-66141.

DATES: Interested parties may submit comments to the Bureau of Land 
Management (BLM) regarding the proposed sale of the land until February 
4, 2008.

ADDRESSES: Mail written comments to the BLM Field Manager, Winnemucca 
Field Office, 5100 East Winnemucca Blvd., Winnemucca, NV 89445.

FOR FURTHER INFORMATION CONTACT: Lewis Trout, (775) 623-1500.

SUPPLEMENTARY INFORMATION:  Parcel N-66141 is located approximately six 
miles west of the city of Winnemucca, Nevada, west of Airport Road, 
south of and adjacent to the Union Pacific

[[Page 71942]]

Railroad tracks, and is described as follows:

Mount Diablo Meridian, Nevada.

T. 35 N., R. 37 E.,
    sec. 16, lots 3, 12, 15, 16, 17, 18, 19, 22, and 23.
    The area described contains 177.31 acres, more or less.

    This parcel of public land is proposed for sale to the City of 
Winnemucca, Nevada, at no less than the appraised fair market value 
(FMV) of $180,000, as determined by the authorized officer. An 
appraisal report has been prepared by a State-certified appraiser for 
the purposes of establishing FMV.
    Consistent with section 203 of FLPMA, a tract of the public land 
may be sold where, as a result of approved land use planning, the sale 
of the tract meets the disposal criteria of that section. The lands 
described above are identified as suitable for disposal in the BLM 
Sonoma-Gerlach Management Framework Plan (MFP), signed on July 9, 1982, 
and in the BLM Paradise-Denio and Sonoma-Gerlach Management Framework 
Plan Lands Amendment (Amendment), signed on January 15, 1999. The 
proposed disposal action is consistent with the objectives, goals, and 
decisions of the MFP and Amendment. MFP objective and decision L2.2 
provides that the Winnemucca Field Office should dispose of this 
property to local governmental entities as identified by a local 
government, consistent with community plans.
    This sale meets the criteria found in 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 Winnemucca needs these lands to 
provide rail transportation to the city-developed industrial park and 
for proposed airport expansion.
    The disposal (sale) of Parcel N-66141 also meets the criteria found 
under 43 CFR 2710.0-3(a)(3), which authorizes disposal where, ``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.'' The 
lands are isolated, surrounded by private lands, or are intermingled 
with private lands as to make them difficult to manage for any Federal 
purpose. Parcel N-66141 is bordered on the north by the Union Pacific 
Railroad, on the east and south by city-owned property, and on the west 
by private property. There is no existing legal access to the subject 
lands.
    Regulation 43 CFR 2711.3-3(a) provides that, ``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) A tract identified for transfer to 
State or local government * * * '' As noted above, these lands were 
identified in the MFP as to be disposed of to only a local governmental 
entity.
    The Winnemucca Field Office prepared a preliminary Environmental 
Assessment (EA). All comments received have been considered and 
incorporated into the EA and Decision Record. As previously stated the 
Notice regarding this proposed sale was published in the Federal 
Register on July 13, 2007. The BLM received no comments from the public 
regarding this Realty Action. The EA Number NV-020-06-EA-08, Decision 
Record, Environmental Site Assessment, maps, and approved appraisal 
report covering the proposed sale, are available for review at the BLM, 
Winnemucca Field Office, in Winnemucca, Nevada, at the address listed 
above.

Termination of Exchange Segregation

    Lands described in this Notice were previously segregated under 
Exchange file N-80983, but a decision has been made not to proceed with 
this exchange. This Notice officially terminates that Exchange 
Segregation of the described lands. Pursuant to 43 CFR 2201.1-2(c)(2), 
this Notice will also serve as an opening order to restore the above 
described lands to operation of the sale provisions of Sections 203 and 
209 of the FLPMA, (43 U.S.C. 1713 and 1719), and not the general mining 
laws, as of 7:30 a.m. Pacific Standard Time (PST) on December 19, 2007.

Sales Segregation

    Publication of this Notice in the Federal Register segregates the 
subject land from all forms of appropriations under the public land 
laws, including the general mining and mineral leasing laws, except 
sale under Sections 203 and 209 of FLPMA. The segregation will 
terminate upon issuance of the patent, upon publication in the Federal 
Register of a termination of the segregation, or on December 21, 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 or canals constructed by 
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 
sold. Permittees, licensees, and lessees retain the right to prospect 
for, mine, and remove the oil, gas, and geothermal resources 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. All valid existing rights;
    4. Right-of-way Nev-042767 for aerial transmission line purposes 
authorized granted to Sierra Pacific Power Company, its successors or 
assigns, pursuant to the Act of March 4, 1911, (43 U.S.C. 961);
    5. Right-of-way N-41642 for aerial transmission line purposes 
authorized granted to Sierra Pacific Power Company, its successors or 
assigns, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761);
    6. The 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, lessees, or any third-
party arising out of or in connection with the patentee's use, 
occupancy, or operations on 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 substance(s), pollutant(s) or 
contaminants(s), and/or petroleum product(s) or derivative(s) of a 
petroleum product, as defined by Federal and State environmental laws, 
off, on, into, or under land, property, and other interests of the 
United States; (5) Other activities by which solid or hazardous 
substance(s), pollutant(s) or contaminants(s), and/or petroleum 
product(s) or derivative(s) of a petroleum product, or waste(s), as 
defined by Federal and State environmental laws, are generated,

[[Page 71943]]

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 substance(s) or 
waste(s), pollutant(s) or contaminants(s), and/or petroleum product(s) 
or derivative(s) of a petroleum product; 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; 
and,
    7. Pursuant to the requirements established by section 120(h) of 
the Comprehensive Environmental Response Compensation and Liability Act 
(CERCLA) (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 have been stored 
for one year or more, nor have any hazardous substances been disposed 
of or released on the subject property.
    No warranty of any kind, expressed 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 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.
    In the event of a sale, the unreserved mineral interests will be 
conveyed simultaneously with the sale of the land. These unreserved 
mineral interests have been determined to have no known mineral value 
pursuant to 43 CFR 2720.0-6, 43 CFR 2720.2(a), and 43 CFR 2720.2(b). 
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 non-refundable filing fee for conveyance of 
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, and the $50 filing fee for conveyance 
of mineral interests. The purchaser must remit the remainder of the 
purchase price within 180 days from the date of the sale. Payments must 
be by certified check, postal money order, bank draft, or cashier's 
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.

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 February 4, 2008, interested persons may submit written comments 
to the BLM Winnemucca Field Office at the address listed above. 
Facsimiles, telephone calls, and electronic mail are unacceptable means 
of notification. Only written comments received by postal service or 
overnight mail to the Field Manager, BLM Winnemucca Field Office will 
be considered 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 may 
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 will be reviewed by the Nevada State Director, 
who may sustain, vacate, or modify this realty action and issue a final 
determination.

    (Authority: 43 CFR 2711.1-2(a))

    Dated: December 12, 2007.
Gail G. Givens,
Field Manager, Winnemucca.
 [FR Doc. E7-24524 Filed 12-18-07; 8:45 am]
BILLING CODE 4310-HC-P