Notice of Realty Action: Direct (Non-Competitive) Sale of Public Lands, Nye County, NV, 5586-5588 [E8-1568]

Download as PDF 5586 Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Notices Poverty Gulch Road, and east of Colorado Highway 114: T.49N., R.2E., secs. 21–23, 25–28, 33–36; T.48N., R.2E., secs. 1–4, 9–16, 21–27, 35–36; T.49N., R.3E., secs. 30–32; T.48N., R.3E., secs. 4–8, 17–20, 29–31. Exceptions to this temporary motorized use closure include the following: 1. BLM Road #3103 (North Parlin Flats Road) to the U.S. Forest Service boundary is open to motorized use as seasonal conditions allow. 2. Any Federal, State, or local officer or employee acting within the scope of their duties, members of any organized rescue in the performance of an official duty, or any person holding written permission from the BLM. 3. Persons or agencies holding a special use permit or right-of-way for access to exercise their permit within the restricted area, for purposes related to access for maintenance and operation of authorized facilities, and provided such motorized use is limited to the routes specifically identified in the special use permit or right-of-way. Authority This emergency closure order is issued under the authority of 43 Code of Federal Regulations 8364.1 and 9268.3. Penalties: Any person who knowingly and willfully violates any closure order issued under 42 CFR 8364.1 shall be subject to the penalties provided for in CFR Title 43, subpart 8360.0–7, and may be fined not more than $1,000 and/ or imprisoned for not more than 12 months. Such violations may also be subject to the enhanced fines provided for by 18 U.S.C. 3571. Dated: January 22, 2008. Kenny McDaniel, Field Manager, Gunnison Field Office. [FR Doc. E8–1551 Filed 1–29–08; 8:45 am] BILLING CODE 3410–11–P EFFECTIVE DATE: January 30, 2008. FOR FURTHER INFORMATION CONTACT: Janet Booth, BLM Wyoming State Office, 5353 N. Yellowstone Road, P.O. Box 1828, Cheyenne, Wyoming 82003, 307– 775–6124. SUPPLEMENTARY INFORMATION: The land has been and will continue to remain open to mineral leasing. 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. Subject to valid existing rights, the following described public land is hereby withdrawn from settlement, sale, location, or entry under the general land laws, including the United States mining laws (30 U.S.C. Ch. 2 (2000)), but not from leasing under the mineral leasing laws, for the Bureau of Land Management to protect Yermo xanthocephalus plant habitat: Sixth Principal Meridian T. 31 N., R. 95 W., Sec. 27, SW1⁄4; Sec. 34, NW1⁄4 and W1⁄2W1⁄2NE1⁄4. The area described contains 360.00 acres in Fremont County. 2. The withdrawal made by this order does not alter the applicability of those public land laws governing the use of lands under lease, license, or permit, or governing the disposal of their mineral or vegetative resources other than under the mining laws. 3. This withdrawal will expire 20 years from the effective date of this order unless, as a result of a review conducted before 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: January 10, 2008. C. Stephen Allred, Assistant Secretary—Land and Minerals Management. [FR Doc. E8–1639 Filed 1–29–08; 8:45 am] DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY–921–1430–ET; WYW 142589] BILLING CODE 4310–22–P Public Land Order No. 7688; Withdrawal of Public Lands for the Protection of Yermo xanthocephalus Plant Habitat; Wyoming mstockstill on PROD1PC66 with NOTICES AGENCY: Bureau of Land Management, DEPARTMENT OF THE INTERIOR Bureau of Land Management Interior. ACTION: Public Land Order. [NV–065–5870–EU; N–76426; 8–08807; TAS: 14X5260] This order withdraws 360 acres of public land from surface entry and mining for a period of 20 years to protect Yermo xanthocephalus (Desert yellowhead) plant habitat. Notice of Realty Action: Direct (NonCompetitive) Sale of Public Lands, Nye County, NV SUMMARY: VerDate Aug<31>2005 18:49 Jan 29, 2008 Jkt 214001 AGENCY: Bureau of Land Management, Interior. PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 ACTION: Notice. SUMMARY: One parcel of public land (N– 76426) located in Beatty, Nevada, and totaling 0.46 acres, has been examined and found suitable for disposal utilizing direct sale procedures. The authority for the sale is under Sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (FLPMA), 43 U.S.C. 1713 and 1719. DATES: Interested parties may submit written comments to the Bureau of Land Management (BLM) regarding the proposed sale on or before March 17, 2008. Mail written comments to the BLM Assistant Field Manager, Tonopah Field Station, 1553 South Main Street, P.O. Box 911, Tonopah, NV 89049. FOR FURTHER INFORMATION CONTACT: Alan Buehler, (775) 482–7800. For general information on BLM’s public land sale procedures, refer to the following Web address: http:// www.blm.gov/wo/st/en.html. SUPPLEMENTARY INFORMATION: The sale parcel is located in Southern Nye County, section 6, within the most southeast corner section and touches the southeast corner at one point. A portion of the parcel lies within the Nevada Department of Transportation (Nev 042808) right-of-way for United States (U.S.) Highway 95. The following described public land is being considered for sale: ADDRESSES: Mount Diablo Meridian, Nevada T. 12 S., R. 47 E., Sec. 6, lot 9. The area described contains 0.46 acres, more or less. This parcel of public land is proposed for sale to the Stagecoach Hotel and Casino, owned by Edward Ringle of Beatty, Nevada at no less than the appraised fair market value (FMV) of $1,300, as determined by the authorized officer after appraisal. An appraisal report has been prepared by a Statecertified appraiser for the purposes of establishing the FMV. Consistent with Section 203 of FLPMA, a tract of 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 Tonopah Resource Management Plan (RMP) approved on October 2, 1997. The proposed disposal action is consistent with the objectives, goals, and decisions of the RMP. The disposal (sale) of the parcel would serve an important public E:\FR\FM\30JAN1.SGM 30JAN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Notices objective by resolving the management costs of an inadvertent unauthorized use of the public lands. As such, these lands meet the criteria under 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.’’ The sale of these lands meet the criteria under 43 CFR 2711.3–3(a) for direct sale, to be used where necessary to protect existing equities in the land, to resolve inadvertent unauthorized use and occupancy of the lands. A small portion of the hotel/casino’s northeast corner has expanded onto the subject land. The subject parcel is being used to house the hotel/casino’s propane tanks and waste disposal dumpsters, as well as for storage, parking lot, and delivery service. The size of the unauthorized use has been reduced to the smallest aliquot part identified through development of a supplemental plat. 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. The BLM prepared a preliminary Environmental Assessment (EA) and provided a 30-day comment period as part of its public involvement. All comments received have been considered and incorporated into the EA and Decision Record. The EA (NV065–EA07–117), Decision Record, Environmental Site Assessment, map, and approved appraisal report covering the proposed sale, are available for review at the BLM Tonopah Field Station. Minerals for this parcel will be reserved in accordance with BLM’s approved Mineral Potential Report dated January 18, 2005. 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 Tonopah Field Station. Publication of this Notice of Realty Action in the Federal Register segregates the subject lands from all appropriations under the public land laws, including the general mining and mineral laws, except the sale provisions of FLPMA. Upon publication of this Notice of Realty Action and until completion of the sale, the BLM is no longer accepting land use applications affecting the identified public land, except applications for the amendment of previously filed right-of-way applications or existing authorizations to increase the term of the grants in accordance with 43 CFR 2807.15 and 2886.15. The segregation will terminate upon issuance of the patent, upon VerDate Aug<31>2005 18:49 Jan 29, 2008 Jkt 214001 publication in the Federal Register of a termination of the segregation or February 1, 2010, 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. Oil, gas, and 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. Those rights for highway purposes which have been granted to Nevada Department of Transportation, its successors and assigns, by right-of-way Nev 042808, pursuant to the Act of August 27, 1958, 72 Stat. 916; 23 U.S.C. 317, for United States Highway 95, extending from Beatty to Goldfield, Nevada; 4. All valid existing rights; 5. 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 containment(s), and/or petroleum product or derivative 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 contaminant(s), and/or petroleum product or derivative of a petroleum product, or waste(s), 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 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 5587 actions related in any manner to said solid or hazardous substance(s) or waste(s), pollutant(s) or contaminant(s), and/or petroleum product or derivative 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 6. 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 had been stored for one year or more, nor had any hazardous substances been disposed of or released on the subject property. 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. 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 and 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 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 filing fee for conveyance of mineral interests, and for payment of publication costs. The purchaser must E:\FR\FM\30JAN1.SGM 30JAN1 5588 Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Notices 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. 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 17, 2008, interested parties may submit written comments to the BLM Tonopah Field Station. Only written comments submitted by postal service or overnight mail will be considered as properly filed. Facsimiles, telephone calls, and emails are unacceptable means of notification. 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) Dated: January 16, 2008. Thomas J. Seley, Tonopah Assistant Field Manager. [FR Doc. E8–1568 Filed 1–29–08; 8:45 am] BILLING CODE 4310–HC–P DEPARTMENT OF THE INTERIOR National Park Service 60-Day Notice of Intention To Request Clearance of Collection of Information; Opportunity for Public Comment Department of the Interior, National Park Service. ACTION: Notice and request for comments. mstockstill on PROD1PC66 with NOTICES AGENCY: SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 and 5 CFR Part 1320, Reporting and Record VerDate Aug<31>2005 18:49 Jan 29, 2008 Jkt 214001 Keeping Requirements, the National Park Service (NPS) invites public comments on a proposed new collection of information (1024–xxxx). DATES: Public comments on the proposed Information Collection Request (ICR) will be accepted on or before March 31, 2008. ADDRESSES: Send Comments To: Angela Walters, Appalachian National Scenic Trail (ANST), NPS, P.O. Box 50, Harpers Ferry, WV 25425; or via phone at 304/ 535–6278; or via fax at 304/535–6270, or via e-mail at angela_walters@nps.gov. Also, you may send comments to Leonard E. Stowe, NPS Information Collection Clearance Officer, 1849 C St., NW. (2605), Washington, DC 20240; or by e-mail at leonard_stowe@nps.gov. All responses to this notice will be summarized and included in the request for the Office of Management and Budget (OMB) approval. All comments will become a matter of public record. To Request a Draft of Proposed Collection of Information Contact: Angela Walters, ANST, NPS, P.O. Box 50, Harpers Ferry, WV 25425; or via phone at 304/535–6278; or via fax at 304/535–6270; or via e-mail at angela_walters@nps.gov. FOR FURTHER INFORMATION CONTACT: Dr. James Gramann, NPS Social Science Program, 1201 ‘‘Eye’’ St., Washington, DC 20005; or via phone at 202/513– 7189; or via e-mail at James_Gramann@partner.nps.gov. You are entitled to a copy of the entire ICR package free of charge. SUPPLEMENTARY INFORMATION: Title: Appalachian Train Management Partner Survey. Bureau Form Number: None. OMB Number: To be requested. Expiration Date: To be requested. Type of Request: New Collection. Description of Need: The National Park Service Act of 1916, 38 Stat 535, 16 U.S.C. 1, et seq., requires that the NPS preserve national parks for the use and enjoyment of present and future generations. The Appalachian National Scenic Trail (ANST) is an unusual unit of the national park system, managed through a decentralized volunteer-based cooperative management system involving eight national forests, six other national park units, agencies in fourteen states, the Appalachian Trail Conservancy, and citizen volunteers in 30 affiliated trail club organizations. The Government Performance and Results Act (GPRA) of 1993 (Pub. L. 103–62) requires that the NPS develop goals and measure performance related to these goals. The Appalachian Trail Management Partner Survey (ATMPS) measures performance toward those PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 goals through a partner satisfaction survey. The project is an element of the NPS Strategic Plan and the Department of the Interior (DOI) Strategic Plan. The purpose of the ATMPS is to track the satisfaction of federal, state, and notfor-profit partner organizations and agencies receiving support from the Appalachian Trail Park Office (ATPO) provides support to State and Federal agencies, and not-for-profit organizations to assist them in fulfilling shared and delegated management activities in the management of the ANST. Achievement of on-the-ground results depends on the actions of these partner agencies and organizations. Progress towards management goals is measured by a satisfaction survey where key partners evaluate quality of support provided by ATPO. This effort is required by GPRA and other NPS and DOI strategic planning efforts. Data from the proposed survey is needed to assess performance regarding NPS GPRA goal IIb0. HPS performance on all goals measured in this study will contribute to DOI Department-wide performance reports. Automated data collection: This information will be collected via mailback surveys. No automated data collection will take place. Description of respondents: Partners in the Appalachian Trail Cooperative Management System. Estimated average number of respondents: 200 (150 respondents and 50 non-respondents). Estimated average number of responses: 200 (150 respondents and 50 non-respondents). Estimated average burden hours per response: 1 minute for non-respondents and 3 minutes for respondents. Frequency of Response: 1 time of respondent. Estimated annual reporting burden: 23 hours. Comments are invited on: (1) The practical utility of the information being gathered; (2) the accuracy of the burden hour estimate; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden to respondents, including use of automated information collection techniques or other forms of technology. 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 E:\FR\FM\30JAN1.SGM 30JAN1

Agencies

[Federal Register Volume 73, Number 20 (Wednesday, January 30, 2008)]
[Notices]
[Pages 5586-5588]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1568]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-065-5870-EU; N-76426; 8-08807; TAS: 14X5260]


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

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: One parcel of public land (N-76426) located in Beatty, Nevada, 
and totaling 0.46 acres, has been examined and found suitable for 
disposal utilizing direct sale procedures. The authority for the sale 
is under Sections 203 and 209 of the Federal Land Policy and Management 
Act of 1976 (FLPMA), 43 U.S.C. 1713 and 1719.

DATES: Interested parties may submit written comments to the Bureau of 
Land Management (BLM) regarding the proposed sale on or before March 
17, 2008.

ADDRESSES: Mail written comments to the BLM Assistant Field Manager, 
Tonopah Field Station, 1553 South Main Street, P.O. Box 911, Tonopah, 
NV 89049.

FOR FURTHER INFORMATION CONTACT: Alan Buehler, (775) 482-7800. For 
general information on BLM's public land sale procedures, refer to the 
following Web address: http://www.blm.gov/wo/st/en.html.

SUPPLEMENTARY INFORMATION: The sale parcel is located in Southern Nye 
County, section 6, within the most southeast corner section and touches 
the southeast corner at one point. A portion of the parcel lies within 
the Nevada Department of Transportation (Nev 042808) right-of-way for 
United States (U.S.) Highway 95.
    The following described public land is being considered for sale:

Mount Diablo Meridian, Nevada

T. 12 S., R. 47 E.,
    Sec. 6, lot 9.
    The area described contains 0.46 acres, more or less.

    This parcel of public land is proposed for sale to the Stagecoach 
Hotel and Casino, owned by Edward Ringle of Beatty, Nevada at no less 
than the appraised fair market value (FMV) of $1,300, as determined by 
the authorized officer after appraisal. An appraisal report has been 
prepared by a State-certified appraiser for the purposes of 
establishing the FMV.
    Consistent with Section 203 of FLPMA, a tract of 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 Tonopah 
Resource Management Plan (RMP) approved on October 2, 1997. The 
proposed disposal action is consistent with the objectives, goals, and 
decisions of the RMP.
    The disposal (sale) of the parcel would serve an important public

[[Page 5587]]

objective by resolving the management costs of an inadvertent 
unauthorized use of the public lands. As such, these lands meet the 
criteria under 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.'' The sale of these lands meet 
the criteria under 43 CFR 2711.3-3(a) for direct sale, to be used where 
necessary to protect existing equities in the land, to resolve 
inadvertent unauthorized use and occupancy of the lands. A small 
portion of the hotel/casino's northeast corner has expanded onto the 
subject land. The subject parcel is being used to house the hotel/
casino's propane tanks and waste disposal dumpsters, as well as for 
storage, parking lot, and delivery service. The size of the 
unauthorized use has been reduced to the smallest aliquot part 
identified through development of a supplemental plat. 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.
    The BLM prepared a preliminary Environmental Assessment (EA) and 
provided a 30-day comment period as part of its public involvement. All 
comments received have been considered and incorporated into the EA and 
Decision Record. The EA (NV065-EA07-117), Decision Record, 
Environmental Site Assessment, map, and approved appraisal report 
covering the proposed sale, are available for review at the BLM Tonopah 
Field Station.
    Minerals for this parcel will be reserved in accordance with BLM's 
approved Mineral Potential Report dated January 18, 2005. 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 
Tonopah Field Station.
    Publication of this Notice of Realty Action in the Federal Register 
segregates the subject lands from all appropriations under the public 
land laws, including the general mining and mineral laws, except the 
sale provisions of FLPMA. Upon publication of this Notice of Realty 
Action and until completion of the sale, the BLM is no longer accepting 
land use applications affecting the identified public land, except 
applications for the amendment of previously filed right-of-way 
applications or existing authorizations to increase the term of the 
grants in accordance with 43 CFR 2807.15 and 2886.15. The segregation 
will terminate upon issuance of the patent, upon publication in the 
Federal Register of a termination of the segregation or February 1, 
2010, 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. Oil, gas, and 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. Those rights for highway purposes which have been granted to 
Nevada Department of Transportation, its successors and assigns, by 
right-of-way Nev 042808, pursuant to the Act of August 27, 1958, 72 
Stat. 916; 23 U.S.C. 317, for United States Highway 95, extending from 
Beatty to Goldfield, Nevada;
    4. All valid existing rights;
    5. 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 
containment(s), and/or petroleum product or derivative 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 contaminant(s), and/or petroleum product or derivative 
of a petroleum product, or waste(s), 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 substance(s) or waste(s), pollutant(s) or contaminant(s), 
and/or petroleum product or derivative 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
    6. 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 had been 
stored for one year or more, nor had any hazardous substances been 
disposed of or released on the subject property.
    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.
    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 and 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 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 filing fee for conveyance of 
mineral interests, and for payment of publication costs. The purchaser 
must

[[Page 5588]]

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.

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 17, 2008, interested parties may submit written comments to 
the BLM Tonopah Field Station. Only written comments submitted by 
postal service or overnight mail will be considered as properly filed. 
Facsimiles, telephone calls, and e-mails are unacceptable means of 
notification.
    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)

    Dated: January 16, 2008.
Thomas J. Seley,
Tonopah Assistant Field Manager.
[FR Doc. E8-1568 Filed 1-29-08; 8:45 am]
BILLING CODE 4310-HC-P