[Federal Register: August 20, 2007 (Volume 72, Number 160)]
[Notices]
[Page 46503-46504]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au07-87]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NV-030-1430-EU; N-78083, 7-08808]
Notice of Realty Action: Non-Competitive (Direct) Sale of
Reversionary Interest, Portion of Recreation and Public Purposes Act
Patent Number 27-74-0044; Nevada
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 the
reversionary interest of the United States held in the 3.75 acres of
land patented to Carson City pursuant to the Recreation and Public
Purposes (R&PP) Act of June 14, 1926, as amended (43 U.S.C. 869 et
seq.), for a public park (N 7325) in Carson City, Nevada. The sale is
authorized under the provisions in section 203 of the Federal Land
Policy and Management Act (FLPMA) [43 U.S.C. 1713] and applicable
regulations found at the 43 Code of Federal Regulations (CFR) at 2710.
DATES: For a period until October 4, 2007, interested parties may
submit comments to the Field Manager, BLM Carson City Field Office.
ADDRESSES: Detailed information including but not limited to
documentation relating to compliance with all applicable environmental
and cultural resource laws is available for review at the BLM Carson
City Field Office. Address written comments concerning this notice to:
Donald T. Hicks, BLM Carson City Field Office Manager, 5665 Morgan Mill
Road, Carson City, NV 89701.
FOR FURTHER INFORMATION CONTACT: Charles J. Kihm, Realty Specialist, at
the address above or call (775)-885-6000.
SUPPLEMENTARY INFORMATION: The following described land in Carson City,
Nevada, was patented to Carson City pursuant to the R&PP Act of June
14, 1926 (44 Stat. 741, as amended; 43 U.S.C. 869 et seq.), on May 7,
1974, for use as a public park (N 7325).
Mount Diablo Meridian, Nevada
T. 15 N., R. 20 E.
Sec. 1, SW\1/4\SW\1/4\NW\1/4\;
Sec. 2, W\1/2\ Lot 2 of NW\1/4\, NE\1/4\, and N\1/2\SE\1/4\;
Sec. 3, E\1/2\ Lot 2 of NE\1/4\.
T. 16 N., R. 20 E.
Sec. 35, SW\1/4\ and W\1/2\SE\1/4\.
The area described contains 573.22 acres, more or less.
Pursuant to the Recreation and Public Purpose (R&PP) Act, the
United States retained and continues to hold a reversionary interest in
the above described land. If Carson City attempts to transfer the title
to, or control over, the land to a for-profit entity, or if the land is
devoted to a for-profit use, the land, as stated in the Act, shall
revert to the United States (43 U.S.C. 869-2(a)). Carson City proposes
to change the use of a 3.75 acre parcel, located wholly within the
above described 573.22 acre parcel of land from a city park use to a
commercial (for-profit) use. If pursued, this new use would trigger the
R&PP Act reverter or require its enforcement.
The Federal reversionary interest in 3.75 acres of land in Carson
City, Nevada, has been examined and found suitable for non-competitive
(direct) sale, at fair market value, to the City of Carson City, Nevada
in accordance with the FLPMA. Consequently, Carson City has requested
the BLM to sell, pursuant to section 203 of the FLPMA, the following
described parcel of land, free and clear of the R&PP Act reversionary
interest of the United States:
Mount Diablo Meridian, Nevada
T. 15 N., R. 20 E.
Sec. 2, S\1/2\SW\1/4\SW\1/4\NE\1/4\SE\1/4\, and SE\1/4\SW\1/
4\NE\1/4\SE\1/4\.
The area described contains 3.75 acres, more or less.
Carson City would pay the fair market value of this land in the sum
of $510,000, as determined by the BLM authorized officer having taken
into account an appraisal, conducted in accordance with the applicable
appraisal standards and that assumed the land to be free and clear of
the outstanding reversionary interest now held by the United States.
Direct sale procedures to Carson City are considered appropriate,
in this case, pursuant to 43 CFR 2710.0-6(c)(3)(iii) as the 3.75 acre
parcel of land described above was patented previously to Carson City,
and transfer of the Federal reversionary interest to any other entity
would not protect existing equities in the land. The reversionary
interest is not needed for any Federal purpose. The disposal is
consistent with the 2001 BLM Carson City Consolidated Resource
Management Plan, and would be in the public interest. The commercial
use of this parcel would benefit Carson City by allowing resolution of
an inadvertent encroachment onto the parcel.
Terms And Conditions
The conveyance for the reversionary interest of the 3.75 acres will
be subject to the provisions of the Federal Land Policy and Management
Act and applicable regulations of the Secretary of the Interior, and
the land will
[[Page 46504]]
continue to be subject to the following numbered terms and conditions:
1. The reservation of a right-of-way thereon for ditches or canals
constructed by the authority of the United States, Act of August 30,
1890 (26 Stat. 391; 43 U.S.C. 945);
2. All minerals shall be reserved to the United States, together
with the right to prospect for, mine and remove such deposits from the
same under applicable law and such regulations as the Secretary of the
Interior may prescribe, including all necessary access and exit rights;
3. Subject to valid existing rights;
4. A right-of-way for Federal-Aid Highway purposes under Serial No.
CC 020801 as authorized under the Act of August 27, 1958, as amended
(23 U.S.C. 317);
5. By accepting the sale patent, Carson City, subject to the
limitations of law and to the extent allowed by law, shall be
responsible for the acts or omissions of its officers, directors and
employees in connection with the use or occupancy of the patented real
property. Successors-in-interests of the patented real property:
Mount Diablo Meridian, Nevada
T. 15 N., R. 20 E.
Sec. 2, S\1/2\SW\1/4\SW\1/4\NE\1/4\SE\1/4\ and SE\1/4\SW\1/
4\NE\1/4\SE\1/4\.
The area described contains 3.75 acres, more or less.
except Carson City, shall indemnify, defend, and hold the United States
and Carson City 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 successors-in-interest, excluding Carson City, or its employees,
agents, contractors, or lessees, arising out of or in connection with
the successor-in-interests, excluding Carson City, 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 successor-in-interests, excluding Carson City, and its
employees, agents, contractors, or lessees, 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 or
Carson City; (3) Costs, expenses, or damages of any kind incurred by
the United States or Carson City; (4) Other 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 or Carson
City; (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 parcels of land patented or otherwise conveyed by the United
States, and may be enforced against successors-in-interest, excluding
Carson City, by the United States or Carson City in a court of
competent jurisdiction.
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 be developed,
its physical condition or its past, present of potential uses. However,
to the extent required by law, the sale will be subject to the
requirements of section 120(h) of the Comprehensive Environmental
Response, Compensation and Liability Act (42 U.S.C. 9620(h)).
Comments must be received by the BLM Carson City Field Office
Manager at the address above, on or before the date noted in the DATES
section above. 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 by 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.
Facsimiles, telephone calls, and electronic mails are unacceptable
means of notification. Any adverse comments regarding the proposed
action will be reviewed by the State Director, who may sustain, vacate
or modify this realty action. The lands will not be offered for sale
until at least 60 days after the date of publication of this notice in
the Federal Register.
Authority: 43 CFR 2711.1-2(a) and (c).
Donald T. Hicks,
Manager, Carson City Field Office.
[FR Doc. E7-16340 Filed 8-17-07; 8:45 am]
BILLING CODE 4310-HC-P