Notice2022-09163
Notice of Realty Action: Non-Competitive Direct Sale of the Reversionary Interest in a Recreation and Public Purposes Act Patent (N-96875), Lander County, NV
Primary source
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Published
April 29, 2022
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
The Bureau of Land Management (BLM) intends to dispose of the reversionary interest held by the United States in a non-competitive direct sale to Lander County, Nevada, of a 172.51-acre parcel of public land approximately 1 mile southwest of Battle Mountain in Lander County, Nevada.
Full Text
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<title>Federal Register, Volume 87 Issue 83 (Friday, April 29, 2022)</title>
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[Federal Register Volume 87, Number 83 (Friday, April 29, 2022)]
[Notices]
[Pages 25521-25523]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09163]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNVB01000.L14400000. EU0000; N-96875;20X; MO 4500146121]
Notice of Realty Action: Non-Competitive Direct Sale of the
Reversionary Interest in a Recreation and Public Purposes Act Patent
(N-96875), Lander County, NV
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of realty action.
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SUMMARY: The Bureau of Land Management (BLM) intends to dispose of the
reversionary interest held by the United States in a non-competitive
direct sale to Lander County, Nevada, of a 172.51-acre parcel of public
land approximately 1 mile southwest of Battle Mountain in Lander
County, Nevada.
DATES: Interested parties may submit written comments regarding the
direct sale by June 13, 2022.
ADDRESSES: Send written comments to BLM Mount Lewis Field Manager, 50
Bastian Road, Battle Mountain, Nevada 89820.
FOR FURTHER INFORMATION CONTACT: Cassie Ault, Realty Specialist, at the
address listed previously, by phone at (775) 635-4083, or by email at
<a href="/cdn-cgi/l/email-protection#9ffcf2feeaf3ebdffdf3f2b1f8f0e9"><span class="__cf_email__" data-cfemail="1b78767a6e776f5b797776357c746d">[email protected]</span></a>. Individuals in the United States who are deaf,
deafblind, hard of hearing, or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access telecommunications relay services.
Individuals outside the United States should use the relay services
offered within their country to make international calls to the point-
of-contact in the United States.
[[Page 25522]]
SUPPLEMENTARY INFORMATION: On January 9, 1991, the BLM patented the
subject land to Lander County for a golf course and baseball diamond.
The parcel to be offered consists of the reversionary interest and any
remaining interests held by the United States, unless otherwise
specified herein. The purpose of the non-competitive direct sale of the
reversionary interest is to dispose of the reversionary interest in the
patented lands that prevents Lander County from using the land for
other purposes, such as a clubhouse that would complement the existing
golf course and baseball diamond. The current footprint of the golf
course includes a clubhouse with a restaurant, bar, and pro shop; the
softball fields include a snack bar; and a United States Postal Service
mail drop-off bin, all of which were not included in the plan of
development, for which patent was issued in 1991.
This action is pursuant to Section 203 of the Federal Land Policy
and Management Act of October 21, 1976, as amended (FLPMA). The BLM has
found this parcel suitable for disposal under the authority of Sections
202 and 203 of FLPMA.
The parcel is located approximately 1 mile southwest of the town of
Battle Mountain, Nevada, and is legally described as:
Mount Diablo Meridian, Nevada
T. 32 N., R. 44 E.,
Sec. 25, lots 1 and 2, and W\1/2\NE\1/4\.
The area described contains 172.51 acres, according to the
official plats of surveys of the said lands, on file with the BLM.
The BLM has identified the lands as suitable for disposal as set
forth in 43 CFR 2710.0-3(a)(3). The 172.51-acre parcel of public land
would be difficult and uneconomic for the BLM to manage if title
reverted to the United States. The parcel is within the difficult-to-
manage checkerboard land ownership pattern, is surrounded by private
lands, and is not contiguous to any public land administered by the
BLM. The absence of contiguous public land makes the parcel difficult
for the BLM to administer. BLM has also determined that it is in the
best interest of the public to dispose of the reversionary interest in
this parcel of public land by direct sale to Lander County pursuant to
43 CFR 2711.3-3.
The sale is consistent with the Shoshone-Eureka Resource Management
Plan and the Record of Decision approved on February 26, 1986. Section
203(a)(1) of the FLPMA authorizes the sale of tracts of public lands
when the Secretary of the Interior, as a result of land use planning
required under Section 202, determines that the tract is suitable for
disposal because 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. Further, direct
sale to Lander County is appropriate because, consistent with Section
203(a)(3) of the FLPMA, disposal of such tract will serve important
public objectives, including but not limited to, expansion of
communities and economic development. All remaining minerals for the
subject land will be reserved to the United States pursuant to 43 CFR
2720.0-6.
Upon conveyance of the reversionary interest, all other terms and
conditions of Patent No. 27-91-0013 will continue to apply.
The reversionary interest will not be sold until at least June 28,
2022 at the appraised fair market value of $431,000. The conveyance
document will only transfer the reversionary interest retained by the
United States in Patent 27-91-0013 and will contain the following
terms, conditions, and reservations:
1. A 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. The terms and conditions of the United States Patent No. 27-91-
0013, including but not limited to, the reservation of all mineral
deposits in the land so patented, and 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,
together with all necessary access and exit rights;
3. Valid existing rights; and
4. Additional terms and conditions that the authorized officer
deems appropriate.
The purchaser, by accepting the release of the reversionary
interest of the United States, agrees to indemnify, defend, and hold
the United States, its officers, agents, or employees, harmless from
any costs, damages, claims, causes of action, penalties, fines,
liabilities, and judgements of any kind arising from the past, present,
or future acts or omissions of the purchaser, its employees, agents,
contractors, lessees, or any third party arising out of or in
connection with the purchaser's acceptance of the aforementioned
release or purchaser's use and/or occupancy of the land involved
resulting in: (1) Violations of Federal, State, and local laws and
regulations that are now, or in the future become, applicable to real
property; (2) judgments, claims, or demands of any kind assessed
against the United States; (3) cost, 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 land involved,
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. Purchaser
shall stipulate that it will be solely responsible for compliance with
all applicable Federal, State, and local environmental and regulatory
provisions throughout the life of the facility, including any closure
and/or post closure requirements that may be imposed with respect to
any physical plant and/or facility upon the land involved under any
Federal, State, or local environmental laws or regulatory provisions.
This covenant shall be construed as running with the land and may be
enforced by the United States in a court of competent jurisdiction.
No warranty of any kind, express or implied, is given by the United
States in connection with the sale or release of the reversionary
interest. The documentation for land use conformance, National
Environmental Policy Act procedures, a map, and the appraisal report,
are available for review at the BLM Mount Lewis Field Office located at
the address listed previously. The Mount Lewis Field Office completed
its analysis of the Lander County Golf Course Reversionary Interest
Direct Land Sale and provided the Environmental Assessment (DOI-BLM-NV-
B010-2019-0033-EA) for a 30-day public comment period. No public
comments were received.
Lander County will have until 4:30 p.m., Pacific Time, 20 days from
the date of receiving the sale offer to accept the offer and submit a
deposit of 20 percent of the purchase price. Lander County must remit
the remainder of the purchase price to the Mount Lewis Field Office
within 180 days from the date of receiving the sale offer. Payment must
be received in the form of a certified check, postal money order, bank
draft, or cashier's check payable to the U.S. Department of the
Interior--BLM. Failure to meet conditions established for this sale
will void the sale and any funds received will be forfeited. The
[[Page 25523]]
BLM will not accept personal or company checks.
Failure to submit the full price prior to, but not including, the
180th day following the day of the sale shall result in cancellation of
the sale of the specific parcel, and the deposit shall be forfeited and
disposed of as other receipts of sale.
Arrangements for electronic fund transfer to the BLM for the
payment of the balance due must be made a minimum of 2 weeks prior to
the payment date.
In accordance with 43 CFR 2711.3-1(f), within 30 days the BLM may
accept or reject any offer to purchase, or may withdraw any parcel of
land or interest therein from sale, if the BLM authorized officer
determines consummation of the sale would be inconsistent with any law,
or for other reasons as may be provided by applicable law or
regulations. No contractual or other rights against the United States
may accrue until the BLM officially accepts the offer to purchase and
the full price is paid.
Interested parties may submit written comments on the direct sale
of the reversionary interest for the 172.51-acre sale parcel. Before
including your address, phone number, email address, or other
personally identifying information in your comment, you should be aware
that your entire comment--including your personally identifying
information--may be made publicly available at any time. While you can
ask the BLM in your comment to withhold your personally identifying
information from public review, we cannot guarantee that we will be
able to do so. Any adverse comments 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, the decision will become
effective not less than 60 days after April 29, 2022.
(Authority: 43 CFR 2711.1-2)
Jon D. Sherve,
Field Manager, Mount Lewis Field Office.
[FR Doc. 2022-09163 Filed 4-28-22; 8:45 am]
BILLING CODE 4310-HC-P
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</html>Indexed from Federal Register on April 29, 2022.
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