[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Notices]
[Pages 28942-28944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11612]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNVB00000 L71220000.EU0000.LVTFF1302680.241A; N-90179; 14-08807;
MO4500060182]
Notice of Realty Action: Proposed Direct Sale of Public Land for
a Cemetery (N-90179) in Nye County, NV
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of realty action.
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SUMMARY: The Bureau of Land Management (BLM) is offering to sell a
parcel of public land containing 7.5 acres as a non-competitive
(direct) sale for a cemetery at not less than the appraised fair market
value (FMV) of $6,500 to Nye County. The BLM is proposing to use the
direct sale procedures consistent with the requirements of Section 203
of the Federal Land Policy and Management Act of 1976 (FLPMA), as
amended, and the applicable regulations.
DATES: Interested persons may submit written comments to the BLM at the
address below. The BLM must receive your comments on or before July 7,
2014.
ADDRESSES: Bureau of Land Management, Tonopah Field Office, 1553 S.
Main Street, P.O. Box 911, Tonopah, NV 89049.
FOR FURTHER INFORMATION CONTACT: Wendy Seley, Realty Specialist, at the
above address or by telephone at 775-482-7805. 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 BLM will conduct a direct sale for the
following described public land located
[[Page 28943]]
one-half mile west of the Town of Manhattan, Nye County, Nevada.
Mount Diablo Meridian
T. 8 N., R. 43 E.,
Sec. 24, S\1/2\SE\1/4\SW\1/4\SE\1/4\NE\1/4\, SE\1/4\SW\1/4\SW\1/
4\SE\1/4\NE\1/4\, NE\1/4\NW\1/4\NE\1/4\SE\1/4\, E\1/2\NW\1/4\NW\1/
4\NE\1/4\SE\1/4\, N\1/2\SE\1/4\NW\1/4\NE\1/4\SE\1/4\, NE\1/4\SW\1/
4\NW\1/4\NE\1/4\SE\1/4\.
The area described contains 7.5 acres.
Upon publication of this notice in the Federal Register, the
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 lands, 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 segregated
effect will terminate upon issuance of a patent, publication in the
Federal Register of a termination of the segregation, or on May 20,
2016 unless extended by the BLM Nevada State Director in accordance
with 43 CFR 2711.1-2(d) prior to the termination date.
Under FLPMA, Section 203(a)(3) and 43 CFR 2710.0-3(a)(2), the
disposal of such tract will 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. Consistent with Section 203 of FLPMA, a tract of public land
may be sold as a result of approved land use planning if the sale of
the tract meets the disposal criteria of that section. The public land
in question has been 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. The parcel is not required for any other
Federal purpose. Regulations contained in 43 CFR 2711.3-3(a)(1) make
allowances for direct sales when a competitive sale is not appropriate
and the public interest would be best served by a direct sale. Here the
parcel in question is being transferred to State or local government
and given its location is important to the existing cemetery.
Additionally, the proposed direct sale would also help address an
inadvertent trespass on a portion of the proposed sale parcel. Thus,
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 BLM has prepared environmental assessment (EA) DOI-BLM-NV-B020-
2011-0144-EA for the proposed sale, and has decided to make it
available for comment. The comment period on the environmental
assessment will end concurrently with the close of the comment period
associated with this Notice of Realty Action. The EA, Environmental
Site Assessment, Mineral Potential Report, map, and approved appraisal
report are available for review at the Tonopah Field Office at the
address in the ADDRESSES section and online at the Battle Mountain
District Web site at: http://www.blm.gov/nv/st/en/fo/battle_mountain_field.html.
In order to determine the FMV through appraisal, certain
extraordinary assumptions and hypothetical conditions are made
concerning the attributes and limitations of the land and potential
effects of local regulations and policies on potential future land
uses. Through publication of this Notice, the BLM advises that these
assumptions may not have been endorsed or approved by units of local
government.
Nye County expressed an interest in purchasing, by direct sale, the
surface estate of these lands as the permanent site for a cemetery. As
proof of interest, Nye County approved Resolution No. 2011-97, ``A
Resolution Authorizing the Submission of Notice to the United States
Department of the Interior, Bureau of Land Management that Nye County
Requests a Direct Sale for the Real Property Commonly Known as the
Mount Moriah Cemetery Located in Manhattan, NV for use as a Cemetery
and Authorizing the Chairman to Execute All Documents and to Take Such
Other Actions as Required to Secure Issuance of the Subject Land'' on
August 6, 2011. The proposed sale parcel includes the 2.3-acre cemetery
historically used since the early 1900s. The BLM proposes a direct sale
because it serves an important local public objective of facilitating
Nye County's efforts to provide for the expansion of the existing
cemetery.
The public land will not be offered for sale prior to 60 days from
the date this notice is published in the Federal Register. The patent,
if issued, would be subject to the following terms, conditions, and
reservations:
1. A reservation for any 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. A reservation for all mineral deposits in the land so patented,
and to it, or persons authorized by it, the right to prospect for, mine
and remove such deposits from the same under applicable law and
regulations to be established by the Secretary of the Interior.
The parcel is also subject to all valid existing rights including
but not limited to:
1. Right-of-Way N-49546 (Easement N-92455) for a water pipeline
serving the Manhattan Mill granted to Round Mountain Gold Corporation,
its successors or assigns, pursuant to the Act of October 21, 1976 (43
U.S.C. 1761).
2. Right-of-Way N-49749 (Easement N-92453) 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).
3. Right-of-Way N-54823 (Easement N-92454) for a water pipeline
serving the Town of Manhattan granted to Nye County, its successors or
assigns, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761).
The purchaser, by accepting the 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 solid or hazardous substances
[[Page 28944]]
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 will run 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 lands have 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. 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 responsibility of the buyer 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. Lands without access from a public road or highway will be
conveyed as such, and future access acquisition will be the
responsibility of the buyer.
The BLM prepared a mineral potential report, dated January 6, 2014,
which concluded that all minerals rights should be reserved to the
United States Government. Mining claim holders Round Mountain Gold
Corporation and A.U. Mines, Inc., would be required to amend a portion
of the only active mining claims on the land identified for the
proposed sale area prior to conveyance.
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, appraisal, and payment of publication costs. The
purchaser must remit the remainder of the purchase price within 180
days from the date of the sale offer. 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. The balance is due 2 weeks prior to 180th
day if the purchaser conducts an electronic funds transfer. Failure to
meet conditions established for this sale will void the sale and
forfeit any payment(s) received.
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 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
Authority: 43 CFR 2711.1-2(a) and (c).
Department of the Interior.
Timothy J. Coward,
Field Manager, Tonopah.
[FR Doc. 2014-11612 Filed 5-19-14; 8:45 am]
BILLING CODE 4310-HC-P