Notice of Realty Action: Competitive Sale of Public Land near Fernley in Lyon County, NV, 62811-62812 [E9-28721]

Agencies

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

[Federal Register Volume 74, Number 229 (Tuesday, December 1, 2009)]
[Notices]
[Pages 62811-62812]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28721]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVC03300. L58740000. EU0000. LXSS060F0000; N-82710; 9-08807; 
TAS14X5260]


Notice of Realty Action: Competitive Sale of Public Land near 
Fernley in Lyon County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: The Bureau of Land Management (BLM) proposes to offer one 
parcel of public land of approximately 628.2 acres in northern Lyon 
County by competitive sale at not less than the fair market value 
(FMV). The sale will be subject to the applicable provisions of 
Sections 203 and 209 of the Federal Land Policy and Management Act of 
1976 (FLPMA), and the BLM land sale and mineral conveyance regulations.

DATES: Interested parties may submit written comments regarding the 
proposed sale of public land until January 15, 2010. The proposed sale 
date is to be announced and it will not be before February 1, 2010.

ADDRESSES: Mail written comments to BLM Field Manager, Sierra Front 
Field Office, Carson City District Office, 5665 Morgan Mill Road, 
Carson City, NV 89701.

FOR FURTHER INFORMATION CONTACT:  J. Fred Slagle at (775) 885-6115.

SUPPLEMENTARY INFORMATION: The sale parcel is approximately two miles 
southwest from downtown Fernley, Nevada and is legally described as:

Mount Diablo Meridian

T. 20 N., R. 24 E.,
    Sec. 22, lots 1 to 6, inclusive, NE\1/4\, E\1/2\NW\1/4\, E\1/
2\SW\1/4\, and W\1/2\SE\1/4\.

    The area described contains 628.2 acres, more or less, in Lyon 
County.

    An appraisal report will be prepared by a State certified appraiser 
for the purposes of establishing FMV. Other terms and conditions 
specific to the competitive sale process, this parcel, and the FMV will 
be published in the marketing brochure and in advertisements when the 
land is offered for sale.
    The public land is not required for any Federal purpose. This 
public sale is in conformance with the 2001 BLM Carson City 
Consolidated Resource Management Plan approved May 9, 2001. The parcel 
meets the disposal qualification of Section 205 of the Federal Land 
Transaction Facilitation Act of July 25, 2000 (FLTFA), (43 U.S.C. 
2304). The proceeds from the sale of the land will be deposited into 
the Federal Land Disposal Account for Nevada pursuant to FLTFA. Under 
FLTFA, four percent of the land sale proceeds go to the State of Nevada 
for education, 80 percent of the remaining proceeds are used to acquire 
environmentally-sensitive land, and 20 percent of the remaining 
proceeds are reserved for land disposal administration costs.
    The land meets the criteria for sale under 43 CFR 2710.0-3(a)(3), 
as the sale of the parcel, 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 land is intermingled with private land, which 
makes it difficult to manage for any Federal purpose. This land 
contains no other known public values. The subject parcel has not been 
identified for transfer to the State or any other local government or 
nonprofit organization. The parcel will be offered through competitive 
sale procedures pursuant to 43 CFR 2711.3-1.
    Terms and Conditions: A mineral potential evaluation was completed 
for public land within the sale area and no known mineral values were 
identified. All mineral rights will be conveyed and no minerals will be 
reserved. Agreement to purchase the land will constitute an application 
for conveyance of the mineral estate in accordance with Section 209 of 
the Federal Land Policy Management Act (FLPMA). The designated buyer 
must include with their purchase payment a nonrefundable $50 filing fee 
for the conveyance of the mineral estate. Payment must be submitted in 
the form of a certified check, postal money order, bank draft, or 
cashier's check made payable in U.S. dollars to the ``Department of the 
Interior--Bureau of Land Management.''
    The following terms and conditions will appear in the conveyance 
document for this parcel:
    A right-of-way is reserved for ditches and canals constructed by 
authority of the United States under the Act of August 30, 1890 (43 
U.S.C. 945);
    The parcel is subject to:
    1. Valid existing rights;
    2. Right-of-Way N-08162 for power line purposes granted to Sierra 
Pacific Power Company, its successors or assigns, pursuant to the Act 
of March 4, 1911 (43 U.S.C. 961);
    3. Right-of-Way N-39957 for road purposes granted to Lyon County, 
its successors or assigns, pursuant to the Act of October 21, 1976 (43 
U.S.C. 1761);

[[Page 62812]]

    4. Right-of-Way N-51242 for water storage tanks, road, water 
pipeline, and ancillary facility purposes granted to the City of 
Fernley, its successors or assigns, pursuant to the Act of October 21, 
1976 (43 U.S.C. 1761);
    5. Right-of-Way N-58193 for road and buried utility purposes 
granted to DB Fernley Investments, Ltd, its successors or assigns, 
pursuant to the Act of October 21, 1976 (43 U.S.C. 1761);
    6. Rights-of-Way N-63393 and Nev-060169 for gas pipeline purposes 
granted to Paiute Pipeline Company, its successors or assigns, pursuant 
to the Act of February 25, 1920 (30 U.S.C. 185);
    7. Right-of-Way N-73706 for communication purposes granted to 
Nevada Bell, its successors or assigns, pursuant to the Act of October 
21, 1976 (43 U.S.C. 1761);
    8. Right-of-Way N-75056 for gas pipeline purposes granted to 
Southwest Gas Corporation, its successors or assigns, pursuant to the 
Act of February 25, 1920 (30 U.S.C. 185);
    9. Right-of-Way N-84710 for gas pipeline purposes granted to DB 
Fernley Investments, Ltd, its successors or assigns, pursuant to the 
Act of February 25, 1920 (30 U.S.C. 185). Holders of rights-of-way N-
51242, N-58193, N-63393, and N-84710 have submitted applications to 
exercise term extension and conversion to easement opportunities. The 
land conveyance will be subject to these modifications.
    10. The purchaser/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, or 
lessees, or a third party arising out of, or in connection with, the 
patentee's use and/or occupancy of the patented real property. This 
indemnification and hold harmless agreement includes, but is not 
limited to, acts and omissions of the patentee, its employees, agents, 
contractors, or lessees, or third party arising out of or in connection 
with the use and/or occupancy of the patented real property resulting 
in:
    (a) Violations of Federal, State, and local laws and regulations 
that are now, or in the future become, applicable to the real property;
    (b) Judgments, claims, or demands of any kind assessed against the 
United States;
    (c) Costs, expenses, or damages of any kind incurred by the United 
States;
    (d) Releases or threatened releases of solid or hazardous waste(s) 
and/or hazardous substance(s), as defined by Federal or State 
environmental laws, off, on, into, or under land, property, and other 
interests of the United States;
    (e) Other activities by which solid or hazardous substances or 
wastes, as defined by Federal and State environmental laws are 
generated, released, stored, used, or otherwise disposed of on the 
patented real property, and any cleanup response, remedial action, or 
other actions related in any manner to said solid or hazardous 
substances or wastes; or
    (f) 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.
    11. Pursuant to the requirements established by Section 120(h) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act (CERCLA) (42 U.S.C. 9620 et seq.), as amended by the Superfund 
Amendments and Reauthorization Act of 1988, (100 Stat. 1670), notice is 
hereby given that the above-described land has been examined and no 
evidence was found to indicate that any hazardous substances have been 
stored for 1 year or more, nor had any hazardous substances been 
disposed of or released on the subject property.
    Encumbrances of record, appearing in the BLM public files for the 
parcel proposed for sale, are available during normal business hours at 
the BLM Carson City District Office.
    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, or local 
government laws, regulations, or policies that may affect the subject 
lands or its future uses. 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 and highway will be conveyed as such, 
and future access acquisition will be the responsibility of the buyer.
Federal law requires that bidders must be
    (1) United States citizens 18 years of age or older;
    (2) A corporation subject to the laws of any State or of the United 
States;
    (3) An entity including, but not limited to, associations or 
partnerships capable of acquiring and owning real property, or 
interests therein, under the laws of the State of Nevada; or
    (4) A State, State instrumentality, or political subdivision 
authorized to acquire and own real property.

U.S. citizenship is evidenced by presenting a birth certificate, 
passport, or naturalization papers. Certification of bidder 
qualification must accompany the deposit.
    Only written comments submitted by postal service or overnight mail 
will be considered properly filed. Electronic mail, facsimile or 
telephone comments will not be considered as properly filed.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.
    Any adverse comments regarding the proposed sale will be reviewed 
by the BLM Nevada State Director, who may sustain, vacate, or modify 
this realty action. In the absence of any adverse comments, this realty 
action will become the final determination of the Department of the 
Interior.

(Authority: 43 CFR 2711)

Linda J. Kelly,
Field Manager, Sierra Front Field Office.
[FR Doc. E9-28721 Filed 11-30-09; 8:45 am]
BILLING CODE 4310-HC-P