[Federal Register Volume 74, Number 108 (Monday, June 8, 2009)]
[Notices]
[Pages 27179-27180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13318]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVC0200.L58740000.EU059F; N-82711; 9-08807; TAS14X5260]


Direct Sale of Public Land Near the Fernley Airport 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 approximately 320 acres of public land in northern Lyon 
County by non-competitive direct sale at the appraised fair market 
value to Toybox Enterprises, Inc. Toybox holds a public airport lease 
within the described area. 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 public lands until July 23, 2009. The sale will not be 
before August 7, 2009.

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 3 miles 
south from downtown Fernley, Nevada and is legally described as:

Mount Diablo Meridian

T. 20 N., R. 24 E.,

    Sec. 36, W\1/2\.

    The area described contains 320 acres, more or less, in Lyon 
County.

    An appraisal report prepared by a State certified appraiser which 
established the fair market value (FMV) of the parcel at $450,000 has 
been approved by an authorized officer. Public land cannot be sold for 
less than its FMV.
    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

[[Page 27180]]

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 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 that 
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 authorized officer has determined that a 
competitive sale is not appropriate and the public interest would be 
best served by a direct sale because the existing business could suffer 
a substantial economic loss if the tract were purchased by other than 
the existing user as provided in 43 CFR 2711.3-3(a)(3). The parcel will 
be offered through direct sale procedures pursuant to 43 CFR 2711.3-3.
    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 
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 numbered 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 CC-020699 for highway purposes to the State of 
Nevada Department of Transportation, its successors or assigns, 
pursuant to the Act of November 9, 1921 (42 Stat. 216);
    3. Right-of-Way N-62492 for utility (excepting oil or natural gas 
pipelines) purposes granted to Sheri Hill, her successors or assigns, 
pursuant to the Act of October 21, 1976 (43 U.S.C. 1761);
    4. 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);
    5. Right-of-Way N-74474 for test hole/monitoring well purposes 
granted to the City of Fernley, its successors or assigns, pursuant to 
the Act of October 21, 1976 (43 U.S.C. 1761); and
    6. 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: (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 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 (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.
    7. 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 land has 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 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.
    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. E9-13318 Filed 6-5-09; 8:45 am]
BILLING CODE 4310-HC-P