[Federal Register: August 20, 2007 (Volume 72, Number 160)]
[Notices]
[Page 46500-46503]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au07-86]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NV-040-5870-EU; N-80737, 7-08807]
Notice of Realty Action: Direct (Non-Competitive) Sale of Public
Lands in Lincoln 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 sell a 217
acre parcel (N-80737) of federally owned lands in Lincoln County,
located south of Alamo, Nevada. These public lands have been examined
and found suitable for disposal utilizing direct sale procedures. The
authority for the sale is established under section 203 and 209 of the
Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1713
and 1719).
DATES: Comments regarding the proposed sale must be received by BLM on
or before October 4, 2007.
ADDRESSES: Written comments regarding the proposed sale must be
submitted to: Field Manager, BLM Las Vegas Field Office, 4701 N. Torrey
Pines Drive, Las Vegas, NV 89130.
FOR FURTHER INFORMATION CONTACT: You may contact the Las Vegas Field
Office at (702) 515-5000 from 7:30 a.m. to 4:30 p.m., Monday through
Friday (except Federal holidays), and ask to have your call directed to
Manuela Johnson, Realty Specialist.
SUPPLEMENTARY INFORMATION: Parcel N-80737 (Parcel A) is located south
of Alamo, Nevada and will be offered for sale utilizing non-competitive
(direct sale) procedures in Lincoln County.
Mount Diablo Meridian, Nevada
T. 07 S., R. 61 E., (Parcel A)--Non-competitive
Section 9, NW\1/4\ and N\1/2\SW\1/4\;
Section 8, NE\1/4\.
The area described contains 217 acres, more or less in Lincoln
County.
This parcel of public land is proposed for sale to Lincoln County,
Nevada at no less than the appraised fair market value (FMV) as
determined by the authorized officer after appraisal. Current appraisal
[[Page 46501]]
for the parcel will be available for public review at the LVFO.
As stated, parcel A is proposed for sale subject to the applicable
provisions of sections 203 and 209 of the FLPMA, as well as regulations
at 43 CFR Parts 2710 and 2720. The sale disposal is carried out in
accordance with section 205 of the Federal Land Transaction
Facilitation Act of July 25, 2000 (FLTFA) (43 U.S.C. 2304), in which
the proceeds from the sale of the lands will be deposited into the
Federal Land Disposal Account.
Consistent with the FLPMA section 203, the tract of public lands
may be sold as a result of approved land use planning if the sale of
the tract meets the disposal criteria. These lands are identified as
suitable for disposal in the BLM Caliente Management Framework Plan
approved July 14, 1980, and the Caliente Management Framework Plan
Amendment (MFP Amendment) and Record of Decision for the Management of
Desert Tortoise Habitat, approved on September 19, 2000. The identified
lands are not needed for any Federal purpose. The proposed disposal
action is consistent with the objectives, goals, and decisions of the
MFP Amendment, and would be in the public interest.
The MFP Amendment and Record of Decision for the Management of
Desert Tortoise Habitat provides that a maximum of 16,926 acres of
desert tortoise habitat outside of areas of critical environmental
concern (ACECs) and designated critical habitat may be disposed of
through the appropriate laws. The U.S. Fish and Wildlife Service
Biological Opinion (BO) for the Amendment (Appendix B) states that the
actions proposed for implementation including land disposal are not
likely to jeopardize the continued existence of the threatened Mojave
population of desert tortoise. This disposal is in accordance with the
MFP decision L-4. According to the MFP Amendment, lands identified
within desert tortoise habitat, but outside designated ACECs/Desert
Wildlife Management Areas (DWMAs), and critical habitat may be conveyed
for community expansion and public projects. The above described lands
fall outside the ACEC/DWMAs and critical habitat. They lie within the
16,926 acres and are available for sale. Once lands are transferred
from public to private ownership, actions that may impact desert
tortoise would be covered under section 10 of the Endangered Species
Act.
This sale also meets the criteria found in Title 43 CFR 2710.0-
3(a)(2) which states ``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, including, but not limited to, recreation
and scenic values, which would be served by maintaining such tract in
Federal ownership.'' The City of Alamo needs these lands to promote
community expansion and economic development which is prohibited by the
lack of private land in Lincoln County.
The disposal (sale) of the lands also meets the criteria found
under Title 43 CFR 2710.0-3(a)(3) where ``such a tract, 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''. Parcel A is bordered on the
west half by private lands and U.S. Highway 93 although physical access
is limited due to the terrain.
BLM regulations at 43 CFR 2711.3-3(a) provide: ``Direct sales
(without competition) may be utilized, when in the opinion of the
authorized officer, a competitive sale is not appropriate and the
public interest would best be served by a direct sale.'' Examples
include, but are not limited to: (1) 43 CFR 2711.3-3(a)(1) ``A tract
identified for transfer to State or local government or nonprofit
organization'' or (2) 43 CFR 2711.3-3(a)(2) ``A tract identified for
sale that is an integral part of a project of public importance and
speculative bidding would jeopardize a timely completion and economic
viability of the project.'' Direct sale is appropriate for these
identified lands because Lincoln County has expressed an interest in
purchasing them for the purpose of providing for community expansion
and business opportunities. The County has invested substantial
resources in planning efforts regarding these opportunities since 1998.
The County's ownership of this parcel is vital to the success of a
proposed industrial park. At present, this land is without any type of
infrastructure that is necessary to attract and support business. Alamo
is a remote community and businesses have been unwilling to make the
necessary substantial investments in infrastructure due to the
uncertainty of a market. As a result, the responsibility for providing
this infrastructure will fall to Lincoln County. Lincoln County has
explored a number of grant opportunities to partially fund the
infrastructure investment necessary. To receive these grants, however,
the county must have title to the land. Therefore it is essential that
the County acquire these lands. Speculative bidding could jeopardize
the economic viability for the Alamo region. If sold competitively, the
lands could be purchased for speculation and remain undeveloped for a
period of time. It is in the public benefit to ensure timely
development of these lands; that can only be ensured by the County's
acquisition of these lands. Less than two percent of the land area in
Lincoln County is private. The Town of Alamo is surrounded by BLM-
administered land and has no sizeable private land to accommodate
economic growth or community expansion. The local economy in Lincoln
County has seen little expansion or diversification in the past few
decades.
Limitations in local employment have resulted in a high rate of
young persons who leave the county to seek higher education or
employment. While Lincoln County would like these lands to be developed
for light manufacturing or industrial use, the County would like to
maintain control over location and development of such facilities.
Since the issuance of its Overall Economic Development Plan (OEDP) in
August 1998, Lincoln County has been working on the development of this
parcel as a priority project. The light manufacturing and related
industries were identified in a study by a consulting group. In
December 1999, they began working on securing water rights for the
project. On April 9, 2001 the Nevada State Engineer granted them a
permit for 215.5 acre-feet of groundwater.
The Nevada Commission on Economic Development granted Lincoln
County $280,000 for land acquisition and another $90,000 for
infrastructure improvements. Lincoln County Regional Development
Authority (LCRDA) budgeted $75,000 for the Alamo project
infrastructure, and received from the Nevada Commission on Economic
Development a $20,000 grant to design and implement a Phase II target
industry marketing campaign.
During the past eight years, Lincoln County has obtained a permit
for drilling and pump testing in preparation of a design report and
application for groundwater. In 2001, they began to actively market the
proposed project to the prospective industry. Because of the lack of
available private lands, the County has lost interested prospects for
this project.
The BLM provided a 30-day comment period for the EA as part of its
public involvement. All comments received have been considered and
incorporated into the EA and Decision Record. The EA (NV-040-07-35),
Decision Record, Environmental Site Assessment, map
[[Page 46502]]
and approved appraisal report covering the proposed sale, are available
for review at the BLM, Las Vegas Field Office, Las Vegas, Nevada.
Minerals for this parcel will be reserved in accordance with BLM's
approved Mineral Potential Report dated October 5, 2006. Information
pertaining to the reservation of minerals specific to the parcel is
located in the case file and available for public review at the BLM Las
Vegas Field Office (address above) or the Ely Field Office, 702 North
Industrial Way, Ely, NV 89301.
Sale Segregation
Publication of this Notice in the Federal Register segregates the
subject lands from all appropriations under the public land laws,
including the general mining laws, except sale under the Federal Land
Policy and Management Act of 1976. The segregation will terminate upon
issuance of the patent, upon publication in the Federal Register of a
termination of the segregation, or August 20, 2009, whichever occurs
first.
Terms and Conditions
The patent issued would contain the following numbered
reservations, covenants, terms and conditions:
1. All leasable minerals are reserved to the United States, its
permittees, licensees and lessees, together with the right to prospect
for, mine, and remove the minerals under applicable law and such
regulations as the Secretary of the Interior may prescribe, along with
all necessary access and exit rights.
2. A rights-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).
3. The parcel is subject to valid existing rights.
4. Those rights for access road and water pipeline purposes which
have been granted to Alamo Sewer & Water, its successors and assigns,
by rights-of-way N-26753, pursuant to the Act of October 21, 1976 (43
U.S.C. 1761).
5. Those rights for buried fiber-optic cable purposes which have
been granted to Lincoln County Telephone System, its successors and
assigns, by rights-of-way N-55053, pursuant to the Act of October 21,
1976 (43 U.S.C. 1761).
6. Those rights for highway purposes which have been granted to
Nevada Department of Transportation, its successors and assigns, by
rights-of-way N-058197, pursuant to the Act of August 27, 1958 (43
U.S.C. 317(A)).
7. Those rights for irrigation canal purposes which have been
granted to Alamo Irrigation Company, its successors and assigns, by
rights-of-way NVCC-022589, pursuant to the Act of March 3, 1891 (43
U.S.C. 946-951).
8. Those rights for water facility purposes which have been granted
to Lincoln County Commissioners, its successors and assigns, by rights-
of-way N-63392, pursuant to the Act of October 21, 1976 (43 U.S.C.
1761).
9. The purchaser/patentee, the County of Lincoln, Nevada by
accepting a patent, covenant and agree 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 or
nature arising from the past, present, and future acts or omissions of
the patentee or their employees, agents, contractors, or lessees, or
any third-party, arising out of or in connection with the patentees'
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 and their employees,
agents, contractors, or lessees, or any third party, arising out of or
in connection with the use and/or occupancy of the patented real
property which has already resulted or does hereafter result in: (1)
Violations of Federal, State, and local laws and regulations that are
now or may 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) Activities by
which solid waste or hazardous substances or waste, 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 parcels of land patented or
otherwise conveyed by the United States, and may be enforced by the
United States in a court of competent jurisdiction.
10. Pursuant to the requirements established by section 120(h) of
the Comprehensive Environmental Response, Compensation and Liability
Act, 43 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 lands have been examined and no evidence was
found to indicate that any hazardous substances has been stored for one
year or more, nor had any hazardous substances been disposed of or
released on the subject property.
The sale parcel is subject to reservations for roads, public
utilities and flood control purposes in accordance with the local
governing entities' transportation plans. The parcel may also be
subject to applications received prior to publication of this Notice of
Realty Action if processing the application would have no adverse
affect on the marketability or the federally approved fair market value
of a parcel. Encumbrances that may appear on the BLM public files for
the parcel proposed for sale are available for review during business
hours, 7:30 a.m. to 4:30 p.m. PDT, Monday through Friday, at BLM Las
Vegas and Ely field offices.
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 approved appraisal report, maps, EA, and other supporting
documentation are available for review at the BLM Las Vegas and Ely
field offices. Information is also available online at http://www.nv.blm.gov
.
Under 43 CFR 2711.3-1(d) and 2711.3-1(b), a deposit of not less
than 20 percent of the federally approved fair market value must be
submitted, 30 days from the date of the sale offer, by 4 p.m. PDT at
the BLM Las Vegas Field Office. Payment must be made in the form of
cash (U.S. dollars), or in the form of a certified check, bank draft,
cashier's check, postal money order or any combination thereof, made
payable
[[Page 46503]]
in U.S. dollars to the order of the DOI-Bureau of Land Management.
Failure to submit the deposit will result in forfeiture of the sale
offer. Remainder of the purchase price must be paid within 180 calendar
days following the date of the sale offer. Failure to pay the full
price within the 180 days will disqualify the sale offer and cause the
entire 20 percent deposit to be forfeited to the BLM, 43 CFR 2711.3-
1(d) and 2711.3-3. No exceptions will be made. BLM cannot accept the
full price at any time following the expiration of the 180th day after
the sale offer. Payment must be received in the form of a certified
check, postal money order, bank draft, or cashier's check made payable
in U.S. dollars to the order of the DOI-Bureau of Land Management.
Personal checks will not be accepted for the remainder payment.
Arrangements for electronic fund transfer to BLM for the balance due
shall be made a minimum of two weeks prior to payment.
Public Comments: The subject parcel of land will not be offered for
sale prior to 60 days after publication of this notice of realty
action. For a period until October 4, 2007, interested parties may
submit written comments to the Field Manager, BLM Las Vegas Field
Office, 4701 North Torrey Pines Drive, Las Vegas, NV 89130. Only
written comments submitted by postal service or overnight mail will be
considered as properly filed. E-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 and issue a final determination. 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)
John F. Ruhs,
Field Manager, Ely.
[FR Doc. E7-16339 Filed 8-17-07; 8:45 am]
BILLING CODE 4310-HC-P