[Federal Register Volume 74, Number 100 (Wednesday, May 27, 2009)]
[Notices]
[Pages 25274-25275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12268]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVB01000.L58740000.EU0000.XFL061F0000; N-82413; 9-08807; 
TAS:14X5260]


Direct Sale of Public Land in Lander County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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

SUMMARY: The Bureau of Land Management (BLM) proposes to offer two 
parcels of public land totaling about 2.65 acres by direct, non-
competitive sale to adjacent property owners. 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), 43 U.S.C. 1713 and 
1719, respectively, and BLM land sale and mineral conveyance 
regulations at 43 CFR 2710 and 2720.

DATES: Interested parties may submit written comments regarding the 
proposed sale of these public lands until July 13, 2009. The sale will 
not be before sixty days after the publication of this notice in the 
Federal Register.

ADDRESSES: Mail written comments to BLM Field Manager, Mount Lewis 
Field Office, Battle Mountain District, 50 Bastain Road, Battle 
Mountain, NV 89820.

FOR FURTHER INFORMATION CONTACT: Chuck Lane at 775-635-6148.

SUPPLEMENTARY INFORMATION: The sale parcels are in the south central 
part of Section 19 on the southern slope of Pony Soldier Canyon 
adjacent to the town of Austin, Nevada and are legally described as:

Mount Diablo Meridian, Nevada

T. 19 N., R. 44 E.,
    Sec. 19, lots 28 and 29.

    Lot 28 contains 1.82 acres more or less and Lot 29 contains 0.83 
acres more or less for a total of 2.65, more or less.

    Lot 28 is proposed for sale to Charles Henrickson and Lynn 
Hendrickson, of Austin, Nevada for the Fair Market Value (FMV) of 
$7,000. Lot 29 is proposed for sale to Aldeen Penola and Susan Penola, 
of Austin, Nevada for the FMV of $5,000. An approved appraisal report 
has been prepared by a state certified appraiser for the purposes of 
establishing these FMVs. Public land cannot be sold for less than its 
FMV.
    The public land is not required for any federal purpose. This sale 
is in conformance with the 1986 BLM Shoshone-Eureka Resource Management 
Plan (RMP), approved on February 26, 1986. The parcels meet 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.
    The land meets the criteria for sale under 43 CFR 2710.0-3(a)(3) 
where the sale of a 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 parcels will be offered through direct sale 
procedures pursuant to 43 CFR 2711.3-3. The sale of these lands also 
meet the criteria under 43 CFR 2711.3-3(a)(5) which allows direct sales 
in the case of a need to resolve inadvertent unauthorized use or 
occupancy of the lands. The residences of the two parties and some 
outlying structures have inadvertently been constructed on public land. 
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) and provided a 
30-day public comment period. No comments were received and a finding 
of no significant impacts (FONSI) was signed on July 9, 2008. The EA, 
FONSI, Environmental Site Assessment, Mineral Potential Report, and map 
are available for review at the Battle Mountain District Office.
    Terms and Conditions: Conveyance of the available mineral interests 
will occur simultaneously with the sale of the land. The mineral 
interests being offered for sale have no known mineral value in 
accordance with Section 209 of FLPMA. Acceptance of a sale offer will 
constitute an application for conveyance of those mineral interests. In 
conjunction with the final payment, the purchaser will be required to 
pay a $50 non-refundable filing fee for processing the conveyance of 
the mineral interests. 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 numbered terms and conditions will appear in the 
conveyance document for this parcel:
    1. Oil, gas, and geothermal resources on the land are reserved to 
the United States; permittees, licensees, and lessees retain the right 
to prospect for and remove those minerals retained by the United States 
under applicable law and any regulations that the Secretary of the

[[Page 25275]]

Interior may prescribe, including all necessary access and exit rights;
    2. 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 parcels are subject to:
    1. Valid existing rights;
    2. 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 part 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: (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.
    3. 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 described lands have been examined and no 
evidence was found to indicate that any hazardous substances have been 
stored for one year or more, nor 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 Battle Mountain 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.
    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. Comments including names and street address of 
respondents will be available for public review at the Battle Mountain 
District Office during regular business hours, except holidays.
    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)

    Dated: May 19, 2009.
Douglas W. Furtado,
Field Manager, Mount Lewis Field Office.
[FR Doc. E9-12268 Filed 5-26-09; 8:45 am]
BILLING CODE 4310-HC-P