83 FR 43704 - Notice of Realty Action: Non-Competitive (Direct) Sale of Public Land in Esmeralda County, NV

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 83, Issue 166 (August 27, 2018)

The Bureau of Land Management (BLM) is proposing a non- competitive (direct) sale of 221.68 acres of public land in Esmeralda County, Nevada, to the Esmeralda County Board of Commissioners. The sale will resolve inadvertent unauthorized occupancy issues within the historic mining town site of Gold Point dating back to the late 1800's. The sale will be subject to the applicable provisions of the Federal Land Policy and Management Act of 1976 (FLPMA). The appraised fair market value (FMV) for the sale parcel is $82,000.

[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Notices]
[Pages 43704-43705]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18520]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVB0000.L14400000.EU0000 241A; N-94266;17-08807; MO#4500112576; TAS: 
17X]


Notice of Realty Action: Non-Competitive (Direct) Sale of Public 
Land in Esmeralda 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 proposing a non-
competitive (direct) sale of 221.68 acres of public land in Esmeralda 
County, Nevada, to the Esmeralda County Board of Commissioners. The 
sale will resolve inadvertent unauthorized occupancy issues within the 
historic mining town site of Gold Point dating back to the late 1800's. 
The sale will be subject to the applicable provisions of the Federal 
Land Policy and Management Act of 1976 (FLPMA). The appraised fair 
market value (FMV) for the sale parcel is $82,000.

DATES: Interested parties may submit written comments regarding the 
sale and Environmental Assessment until October 11, 2018. The public 
land will not be offered for sale prior to October 26, 2018.

ADDRESSES: Mail written comments to the BLM, Tonopah Field Office, 
Field Manager, 1553 South Main Street, P.O. Box 911, Tonopah, NV 89049.

FOR FURTHER INFORMATION CONTACT: Wendy Seley by email: [email protected], 
or by telephone: 775-482-7805. Persons who use a telecommunications 
device for the deaf (TDD) may call the Federal Relay Service (FRS) at 
1-800-877-8339 to contact the above individual during normal business 
hours. The FRS 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 historic Gold Point town site was a gold 
and silver mining camp known as Lime Point dating back to 1868, and 
later around 1908, as Hornsilver. The following public lands are 
involved in the sale:

Mount Diablo Meridian, Nevada

T. 7 S., R. 41\1/2\ E.,
    Sec. 3, Lot 5, Lot 6, SE\1/4\NW\1/4\, N\1/2\NE\1/4\SW\1/4\, 
SW\1/4\NE\1/4\SW\1/4\, W\1/2\SE\1/4\SW\1/4\, SE\1/4\SE\1/4\SW\1/4\, 
and SW\1/4\SW\1/4\SE\1/4\;
    Sec. 10, N\1/2\NW\1/4\NW\1/4\NE\1/4\, N\1/2\NE\1/4\NE\1/4\NW\1/
4\, NW\1/4\NE\1/4\NW\1/4\, and N\1/2\NW\1/4\NW\1/4\.

    The area described contains 221.68 acres.

    Upon publication of this Notice in the Federal Register, the public 
land will segregate from all forms of appropriation under the public 
land laws, including the mining laws, and from operation under the 
mineral leasing and geothermal leasing laws except for the sale 
provisions of FLPMA. Upon publication of this Notice and until 
completion of the sale, the BLM will no longer accept new land use 
applications affecting the identified public lands. The BLM will manage 
existing land use authorizations, or previously filed applications for 
land use, in accordance with 43 CFR 2807.15 and 2886.15. The 
segregation effect will terminate upon issuance of a patent, 
publication in the Federal Register of a termination of the 
segregation, or on August 27, 2020, unless extended by the BLM Nevada 
State Director in accordance with 43 CFR 2711.1-2(d) prior to the 
termination date.
    FLPMA, Section 203(a)(3) and 43 CFR 2710.0-3(a)(2), allows disposal 
of public land that will serve important public objectives, including 
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.
    In accordance with 43 CFR 2710.0-6(c)(3)(iii) and 43 CFR 2711.3-
3(a), a direct sale may be appropriate to resolve inadvertent, 
unauthorized occupancy of the land or to protect existing equities in 
the land. The sale, if completed, would protect the existing 
improvements and resolve inadvertent unauthorized use and occupancy. 
The parcel is not suitable for management by other Federal agencies and 
is not required for any other Federal purpose.
    The BLM may sell a tract of public land identified for disposal in 
an approved land use plan and meets the disposal criteria, as 
identified in FLPMA. The BLM Tonopah Resource Management Plan (RMP), 
Appendix 14, pages A-46 through A-49; dated October 2, 1997 designates 
the public land in question as suitable for disposal. The proposed 
action is consistent with

[[Page 43705]]

objectives of the RMP to allow disposal of public land 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-
2017-0017-EA for the proposed sale. The comment period on the EA 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, Mineral Evaluation Report, map, and approved 
appraisal report are available to review at the Tonopah Field Office at 
the address in the ADDRESSES section.
    In order to determine the Fair Market Value (FMV) through 
appraisal, an appraiser may make certain extraordinary assumptions and 
hypothetical conditions concerning the attributes and limitations of 
the land, potential effects of local regulations, and policies on 
potential future land uses. Through publication of this Notice, the BLM 
advises that local government may not have endorsed or approved these 
assumptions.
    Esmeralda County Board of Commissioners expressed an interest in 
purchasing, by direct sale, the surface estate of these lands. As proof 
of interest, Esmeralda County Board of Commissioners approved 
Resolution No. 15-R-08, ``Resolution in Support of Esmeralda County to 
Purchase by Direct Sale of the Gold Point Disposal Area with the Bureau 
of Land Management.'' As documented in the resolution, the county 
understands the sale would be ``for the purpose of the county re-
conveying to existing owners their holdings giving them a secure 
title'' and that the county's intent is ``that our citizens residing in 
Gold Point be able to live without the threat of being displaced and 
that its historic nature be preserved.''
    The BLM proposes a direct sale because it serves an important local 
public objective of facilitating Esmeralda County's efforts to resolve 
long-standing inadvertent unauthorized occupancy issues within the 
historic mining townsite of Gold Point and to provide for the expansion 
of the existing townsite.
    Common variety mineral materials, such as gravel, sand, and fill, 
are present on the subject lands. However, there is little or no market 
for these materials in the local area and the materials are widely 
present in the region. Therefore, the development or marketability 
potential for mineral materials on the subject lands is low. The 
patent, when issued, will contain a mineral reservation to the United 
States for all minerals. Mineral regulations published in the Federal 
Register in 2001, state that minimal use ``would not include large-
scale use of mineral materials, even within the boundaries of the 
surface estate,'' 66 FR 58894 (Nov. 23, 2001). Further explanation is 
contained in BLM Instruction Memorandum No. 2014-085 (April 23, 2014), 
available on BLM's website at: https://www.blm.gov/policy/woim-2014-085. An Environmental Site Assessment, completed in February 2017, 
found that the lands have no recognized environmental conditions.
    The public land will not be offered for sale prior to October 26, 
2018. The patent, if issued, will be subject to the following terms, 
conditions, and reservations:
    1. The parcel is subject to all valid existing rights;
    2. An appropriate indemnification clause protecting the United 
States from claims arising out of the patentee's use occupancy or 
occupations on the patented lands;
    3. A reservation for ditches or canals constructed by the authority 
of the United States, Act of August 30, 1890 (43 U.S.C. 945);
    4. All mineral deposits in the lands so patented, the right to 
prospect for, mine, and remove such deposits from the same under 
applicable law and regulations as established by the Secretary of the 
Interior are reserved to the United States, together with all necessary 
access and exit rights.
    No representation, warranty, or covenant of any kind, express or 
implied, is given by the United States as to the title, whether or to 
what extent the land may be developed, its physical condition, future 
uses, or any other circumstance or condition. The conveyance of a 
parcel will not be on a contingency basis. However, to the extent 
required by law, the parcel is subject to the requirements of Section 
120(h) of the CERCLA. The patent will convey the property in its 
existing condition and, therefore, if the parcel is lacking access from 
a public road or highway, the buyer will be responsible for 
establishing legal access.
    The BLM will send the purchaser an offer letter with detailed 
information for full payment of the proposed 221.68-acre parcel. 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. 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 the 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, 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.
    The BLM Nevada State Director or other authorized official of the 
Department of the Interior will review comments regarding this proposed 
sale and may sustain, vacate, or modify this realty action in response 
to such comments. In the absence of any comments, this realty action 
will become the final determination of the Department of the Interior.

    Authority: 43 CFR 2711.1-2

Timothy J. Coward,
Field Manager.
[FR Doc. 2018-18520 Filed 8-24-18; 8:45 am]
 BILLING CODE 4310-HC-P