Notice of Realty Action: Direct Sale of Public Land in Esmeralda County, Nevada, 13145-13147 [2012-5176]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Notices]
[Pages 13145-13147]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5176]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVB00000. 14300000. EU0000. LXSS129F0000 241A; N-88014; 11-08807; 
MO 4500022284; TAS: 14X1109]


Notice of Realty Action: Direct Sale of Public Land in Esmeralda 
County, Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: The Bureau of Land Management (BLM) has examined and found 
suitable for disposal utilizing direct sale procedures, one parcel of 
public land totaling 5 acres, in Goldfield, Esmeralda County, Nevada. 
This parcel is being proposed for non-competitive (direct) sale to 
Esmeralda County under the provisions of Sections 203 and 209 of the 
Federal Land Policy and Management Act of 1976 (FLPMA), as amended, and 
BLM sales and mineral conveyance regulations for the appraised fair 
market value of $15,500.

DATES: Written comments regarding the proposed sale must be received by 
the BLM on or before April 19, 2012.

ADDRESSES: Written comments concerning the proposed sale should be sent 
to Thomas J. Seley, Field Manager, BLM Tonopah Field Office, 1553 S. 
Main Street, P.O. Box 911, Tonopah, NV 89049.

FOR FURTHER INFORMATION CONTACT: Alan Buehler, Supervisory Geologist, 
BLM Tonopah Field Office, 1553 S. Main Street, P.O. Box 911, Tonopah, 
Nevada 89049, 775-482-7800. Persons who use a telecommunications device 
for the deaf (TDD) may call the Federal Information Relay Service 
(FIRS) at 1-800-877-8339 to contact the above individual during normal 
business hours. The FIRS is available 24 hours a day, 7 days a week, to 
leave a message or question with the above individual. You will receive 
a reply during normal business hours.

SUPPLEMENTARY INFORMATION: The following described public land lies 
within the Town of Goldfield, is being proposed for direct sale to 
Esmeralda County, and is legally described as:

Mount Diablo Meridian

T. 3 S., R. 42 E.,
    Sec. 3, lot 14.

    The area described contains 5 acres, more or less, in Esmeralda 
County.
    On March 5, 2012, the above described land will be segregated from 
all forms of appropriation under the public land laws, including the 
mining laws, except for the sale provisions of FLPMA. Upon publication 
of this Notice of Realty Action and until completion of the sale, the 
BLM will no longer accept 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 segregative effect will terminate upon issuance of a 
patent, publication in the Federal Register of a termination of the 
segregation, or on March 5, 2014, unless extended by the BLM Nevada 
State Director in accordance with 43 CFR 2711.1-2(d) prior to the 
termination date.
    Consistent with Section 203 of the FLPMA, a tract of public land 
may be sold where, as a result of approved land use planning, sale of 
the tract meets the disposal criteria of that section. The public land 
is identified as suitable for disposal in the BLM Tonopah Resource 
Management Plan (RMP), Appendix 14, pages A-46 through A-49, dated 
October 2, 1997, and is not needed for any other Federal purpose. A 
portion of the proposed sale area (4 acres) is currently authorized by 
right-of-way (ROW) N-31308 for a water facility to Esmeralda County. 
Disposal would alleviate the continued administration of this land use 
authorization. Regulations contained in 43 CFR 2711.3-3 make allowances 
for direct sales when a competitive sale is not appropriate and the 
public interest would be best served by a direct sale. The proposed 
action is consistent with 43 CFR part 2710, the objectives, goals, and 
decisions of the RMP such as the Lands and Realty objective to make 
lands available for community expansion and private economic 
development and to increase the potential for economic diversity.
    The land meets the criteria for direct sale under FLPMA, Section 
203(a)(3) and 43 CFR 2710.0-3(a)(2), where the 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. The parcel will be 
offered through direct sale

[[Page 13146]]

procedures pursuant to 43 CFR 2711.3-3. The direct sale would not 
change the status quo in that no other land uses are expected for these 
lands.
    The BLM prepared an environmental assessment (EA), DOI-BLM-NV-B020-
2010-0154-EA, and provided a 30-day public comment period. No comments 
were received and a finding of no significant impact and decision 
record was signed on July 26, 2011. The EA, Environmental Site 
Assessment, Mineral Potential Report, and map are available for review 
at the BLM Tonopah Field Office at the address above and online at the 
following Web site: www.blm.gov/nv/st/en/fo/battle_mountain_field.html.
    Esmeralda County has expressed an interest in purchasing, by direct 
sale, the surface and subsurface estate of these lands to be used as 
the permanent site of a water treatment facility for the Town of 
Goldfield, Nevada. As proof of this interest, Esmeralda County approved 
Resolution No. 09-R-16, ``Resolution Regarding Purchasing Property from 
the Bureau of Land Management for the Goldfield Water Treatment 
Facility'' on October 6, 2009. The proposed sale site has been used by 
the county since 1981 as a water storage and distribution facility 
under ROW N-31308. The proposed area is being considered for a direct 
sale by the BLM because, among other things, it would serve an 
important local public objective of facilitating Esmeralda County's 
efforts to construct new facilities and bring its local water supply 
into compliance with the Safe Drinking Water Act. Part of the water 
compliance process would require addressing higher than acceptable 
levels of arsenic and other substances. A direct sale would therefore 
also serve the purpose of removing the lands from Federal ownership and 
mitigating any potential hazardous materials liability to the United 
States in the future.
    The public land would not be offered for sale until at least May 4, 
2012, at the appraised market value of $15,500. A copy of the approved 
appraisal is available at the address above. The patent, if issued, 
will be subject to the following terms, conditions, and reservations:
    1. A right-of-way thereon for ditches or canals constructed by the 
authority of the United States, Act of August 30, 1890 (43 U.S.C. 945);
    2. The parcel is subject to all valid existing rights;
    3. Easement N-89535 (N-89268) for aerial line purposes granted to 
Sierra Pacific Power Company, its successors or assigns, pursuant to 
the Act of October 21, 1976 (43 U.S.C. 1761); and
    4. Easement N-89536 (N-73706) for fiber optic line purposes granted 
to Nevada Bell, its successors or assigns, pursuant to the Act of 
October 21, 1976 (43 U.S.C. 1761).
    The purchaser, 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 any third-
party arising out of, or in connection with, the patentee's use, 
occupancy or operations on the patented real property. This 
indemnification and hold harmless agreement includes, but is not 
limited to, acts and omissions of the 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: (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 substances(s), as defined by 
Federal or State environmental laws, off, on, into, or under land, 
property, and other interests of the United States; (5) Other 
activities by which solids or hazardous substances or wastes, as 
defined by Federal and State environmental laws are generated, 
released, stored, used, or otherwise disposed of on the patented real 
property, and any cleanup response, remedial action, or other actions 
related in any manner to said solid or hazardous substances or wastes; 
or (6) Natural resource damages as defined by Federal and State law. 
This covenant shall be construed as running with the patented real 
property and may be enforced by the United States in a court of 
competent jurisdiction.
    Pursuant to the requirements established by Section 120(h) of the 
Comprehensive Environmental Response, Compensation and Liability Act, 
42 U.S.C. 9620(h) (CERCLA), 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 has been stored for 1 
year or more, nor had any hazardous substances been disposed of or 
released on the subject property. To the extent required by law, all 
parcels are subject to the requirements of Section 120(h) of CERCLA.
    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.
    The disposal parcel contains no known mineral values pursuant to 43 
CFR 2720.0-6 and 2720.2(a). The BLM Mineral Potential Report dated 
December 16, 2010, recommends that the United States convey all mineral 
rights to Esmeralda County; therefore, the BLM proposes that the 
conveyance of the Federal mineral interests occur simultaneously with 
the sale of the land. In addition to the appraised fair market value, 
the purchaser, Esmeralda County, 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 remit the remainder of the purchase price within 180 days from the 
date the sale offer is received. Payments must be by certified check, 
U.S. postal money order, bank draft, or cashier's check, and made 
payable to the U.S. Department of the Interior--BLM or conduct an 
electronic funds transfer. Arrangements for electronic funds transfer 
to the BLM for the balance due shall be made a minimum of 2 weeks prior 
to payment. Failure to meet conditions established for this sale will 
void the sale and any monies received will be forfeited.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, be advised that 
your entire comment--including your personal identifying information--
may be made publicly available at any time. While

[[Page 13147]]

you can ask us in your comment to withhold from public review your 
personal identifying information, 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 or other authorized official of the 
Department of the Interior, who may sustain, vacate, or modify this 
realty action in whole or in part. 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(a) and (c)).

Thomas J. Seley,
Field Manager, Tonopah.
[FR Doc. 2012-5176 Filed 3-2-12; 8:45 am]
BILLING CODE 4310-HC-P