Notice of Realty Action: Direct (Non-Competitive) Sale of Public Lands, Nye County, NV, 5586-5588 [E8-1568]
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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hereby withdrawn from settlement, sale,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.
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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: https://
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
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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
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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
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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
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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]
-----------------------------------------------------------------------
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: https://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