[Federal Register Volume 68, Number 118 (Thursday, June 19, 2003)]
[Notices]
[Pages 36834-36835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15600]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-050-5853-EU; N-76363]


Direct Sale of Public Lands, Clark County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The following lands have been examined and found suitable for 
disposal by direct sale utilizing non-competitive procedures, at not 
less than the approved fair market value at notification of sale. The 
fair market value of the subject public lands has been determined by 
appraisal and approved at $41,600,000.00. The lands have been 
designated for disposal and are being proposed for sale under the 
authority of section 4 of Pub L. 105-263, the Southern Nevada Public 
Land Management Act of 1998 (SNPLMA) (112 Stat. 2344) and sections 203 
and 209 of the Federal Land Policy and Management Act of 1976 (FLPMA) 
(43 U.S.C. 1713 and 1719).

Mount Diablo Meridian, Nevada

T. 21 S., R. 63 E.,
    Sec. 26, Lots 1, 6-13, 16, 18-21 and 23.
    Sec. 27, N\1/2\NE\1/4\, N\1/2\S\1/2\NE\1/4\, N\1/2\SE\1/4\SE\1/
4\NE\1/4\, SE\1/4\SE\1/4\SE\1/4\NE\1/4\, N\1/2\SW\1/4\SW\1/4\NE\1/
4\, SW\1/4\SW\1/4\SW\1/4\NE\1/4\, NW\1/4\SE\1/4\SW\1/4\SW\1/4\NE\1/
4\, NW\1/4\NW\1/4\SE\1/4\SW\1/4\NE\1/4\, E\1/2\SE\1/4\SE\1/4\SW\1/
4\NE\1/4\, SW\1/4\SW\1/4\SW\1/4\SE\1/4\NE\1/4\, N\1/2\N\1/2\NW\1/4\, 
SE\1/4\NE\1/4\NW\1/4\, SW\1/4\NW\1/4\NW\1/4\, NW\1/4\SE\1/4\NW\1/
4\NW\1/4\, W\1/2\E\1/2\NW\1/4\SW\1/4\NW\1/4\, W\1/2\W\1/2\SW\1/
4\NW\1/4\, W\1/2\E\1/2\SW\1/4\SW\1/4\NW\1/4\, E\1/2\SE\1/4\NW\1/4\, 
NE\1/4\NE\1/4\SW\1/4\, E\1/2\NW\1/4\NE\1/4\SW\1/4\, SE\1/4\NE\1/
4\SW\1/4\, NW\1/4\NE\1/4\NE\1/4\NW\1/4\SW\1/4\, S\1/2\NE\1/4\NE\1/
4\NW\1/4\SW\1/4\, SE\1/4\NE\1/4\NW\1/4\SW\1/4\, W\1/2\E\1/2\NW\1/
4\NW\1/4\SW\1/4\, W\1/2\W\1/2\NW\1/4\SW\1/4\, W\1/2\E\1/2\SW\1/
4\NW\1/4\SW\1/4\, E\1/2\SE\1/4\NW\1/4\SW\1/4\, S\1/2\S\1/2\NE\1/
4\SW\1/4\SW\1/4\, W\1/2\NE\1/4\NW\1/4\SW\1/4\SW\1/4\, SE\1/4\NE\1/
4\NW\1/4\SW\1/4\SW\1/4\, W\1/2\NW\1/4\SW\1/4\SW\1/4\, SE\1/4\NW\1/
4\SW\1/4\SW\1/4\, S\1/2\SW\1/4\SW\1/4\, E\1/2\NE\1/4\SE\1/4\SW\1/4\, 
S\1/2\NE\1/4\SW\1/4\SE\1/4\SW\1/4\, NW\1/4\SW\1/4\SE\1/4\SW\1/4\, 
S\1/2\SW\1/4\SE\1/4\SW\1/4\, N\1/2\NE\1/4\NE\1/4\NE\1/4\SE\1/4\, 
SE\1/4\NE\1/4\NE\1/4\NE\1/4\SE\1/4\, SW\1/4\SW\1/4\NE\1/4\NE\1/
4\SE\1/4\, NE\1/4\SE\1/4\NE\1/4\NE\1/4\SE\1/4\, SW\1/4\NE\1/4\NW\1/
4\NE\1/4\SE\1/4\, W\1/2\NW\1/4\NW\1/4\NE\1/4\SE\1/4\, SE\1/4\NW\1/
4\NW\1/4\NE\1/4\SE\1/4\, S\1/2\NW\1/4\NE\1/4\SE\1/4\, N\1/2\NE\1/
4\SW\1/4\NE\1/4\SE\1/4\, N\1/2\NW\1/4\SW\1/4\NE\1/4\SE\1/4\, SE\1/
4\NE\1/4\SW\1/4\NE\1/4\SE\1/4\, E\1/2\SE\1/4\SW\1/4\NE\1/4\SE\1/4\, 
W\1/2\W\1/2\SE\1/4\NE\1/4\SE\1/4\, E\1/2\NE\1/4\NE\1/4\NW\1/4\SE\1/
4\, SW\1/4\NE\1/4\NE\1/4\NW\1/4\SE\1/4\, E\1/2\SW\1/4\NE\1/4\NW\1/
4\SE\1/4\, SW\1/4\SW\1/4\NE\1/4\NW\1/4\SE\1/4\, SE\1/4\NE\1/4\NW\1/
4\SE\1/4\, N\1/2\NW\1/4\NW\1/4\NW\1/4\SE\1/4\, SW\1/4\SW\1/4\NW\1/
4\NW\1/4\SE\1/4\, E\1/2\NE\1/4\SW\1/4\NW\1/4\SE\1/4\, W\1/2\W\1/
2\SW\1/4\NW\1/4\SE\1/4\, N\1/2\NE\1/4\SE\1/4\NW\1/4\SE\1/4\, SW\1/
4\NE\1/4\SE\1/4\NW\1/4\SE\1/4\, NW\1/4\SE\1/4\NW\1/4\SE\1/4\, N\1/
2\SW\1/4\SE\1/4\NW\1/4\SE\1/4\, SW\1/4\SW\1/4\SE\1/4\NW\1/4\SE\1/4\, 
SW\1/4\SW\1/4\NE\1/4\SW\1/4\SE\1/4\, W\1/2\NW\1/4\NW\1/4\SW\1/
4\SE\1/4\, SW\1/4\NW\1/4\SW\1/4\SE\1/4\, S\1/2\SE\1/4\NW\1/4\SW\1/
4\SE\1/4\, N\1/2\N\1/2\SW\1/4\SW\1/4\SE\1/4\, W\1/2\NW\1/4\SE\1/
4\SW\1/4\SE\1/4\, SE\1/4\NE\1/4\NE\1/4\SE\1/4\SE\1/4\, SE\1/4\SW\1/
4\NE\1/4\SE\1/4\SE\1/4\, NE\1/4\SE\1/4\NE\1/4\SE\1/4\SE\1/4\, S\1/
2\SE\1/4\NE\1/4\SE\1/4\SE\1/4\, NE\1/4\SE\1/4\SE\1/4\SE\1/4\, E\1/
2\NW\1/4\SE\1/4\SE\1/4\SE\1/4\, E\1/2\SE\1/4\SE\1/4\SE\1/4\SE\1/4\.
    Sec. 34, Lots 12, 13, 15, 17, 24 and 26.
    Sec. 35, Lot 11.

    The above described lands consist of 982.44 acres, more or less, 
located in Clark County, Nevada. This land is not required for any 
federal purposes and would be offered for direct sale to the Lake at 
Las Vegas Joint Venture. The sale is consistent with current BLM land 
use planning. Under the authority of

[[Page 36835]]

section 4(c) of the SNPLMA of 1998, the subject lands are withdrawn 
from location and entry, under the mining laws and from operation under 
the mineral leasing and geothermal leasing laws until such time as the 
Secretary terminates the withdrawal or the lands are patented.
    Except for the reservation listed below, the mineral interests 
having no known mineral value will be offered for conveyance 
simultaneously with the sale of the lands. Acceptance of a direct sale 
offer will constitute an application for conveyance of those mineral 
interests. The applicant will be required to pay a $50.00 non-
returnable filing fee for conveyance of the available mineral 
interests. The land will be sold and the patent, when issued, will 
contain the following terms, reservations, and covenants:
    1. A right-of-way reserved for ditches and canals constructed or to 
be constructed, by the authority of the United States, in accordance 
with section 1 of the Act of August 30, 1890 (43 U.S.C. 945).
    2. All leaseable and saleable mineral deposits on the land are 
reserved, together with the right of the United States, its permittees, 
licensees, and lessees to prospect for, mine, and remove the minerals 
owned by the United States under applicable law and any regulations 
that the Secretary of the Interior may prescribe, including all 
necessary access and exit rights.
    3. The lands are conveyed subject to zoning and subdivision laws, 
other state and local land use laws and, whether or not of record, all 
valid existing rights and claims.
    4. The lands are conveyed subject to right-of-way for roads, public 
utilities and flood control purposes, existing and proposed in 
accordance with state and the local governing entities' Transportation 
Plans.
    5. The purchaser/patentee, by accepting a patent, covenants and 
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 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 
from or in connection with 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 substance(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 or hazardous 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 wastes; or (6) Natural 
resource damages as defined by federal and state law. This covenant 
shall be construed as running with the patented real property and may 
be enforced by the United States in a court of competent jurisdiction.
    Maps delineating the lands are available for public review at the 
Bureau of Land Management (BLM) Las Vegas Field Office. The appraisal 
is available for public review at the same office. Upon publication of 
this notice and until completion of this sale, the BLM is no longer 
accepting land use applications affecting the lands.
    In order to determine the fair market value of the subject public 
lands through appraisal, certain assumptions have been made of the 
attributes and limitations of the lands and potential effects of local 
regulations and policies on potential future land uses. Through 
publication of this notice, the BLM gives notice that these assumptions 
may not be endorsed or approved by units of local government. 
Furthermore, no warranty of any kind shall be given or implied by the 
United States as to the title or potential uses of the lands proposed 
to be offered for sale, and conveyance of the subject lands will not be 
on a contingency basis. It is the buyer's responsibility to be aware of 
all applicable local government laws, policies and regulations that 
would affect the subject lands. It is also the buyer's responsibility 
to be aware of existing or proposed uses of nearby properties. When 
conveyed out of federal ownership, the lands will be subject to 
applicable reviews and approvals by the respective unit or units of 
local government having jurisdiction as to proposed future uses, and 
any such reviews and approvals will be the responsibility of the buyer. 
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.
    Detailed information concerning the proposed sale, including the 
terms of sales, sale procedures and conditions, planning and 
environmental documents, is available for review at the Bureau of Land 
Management, Las Vegas Field Office, 4701 N. Torrey Pines Drive, Las 
Vegas, NV 89130 or by calling (702) 515-5000.
    For a period of 45 days from the date of publication of this notice 
in the Federal Register, the general public and interested parties may 
submit comments to the Field Manager, Las Vegas Field Office, 4701 
North Torrey Pines Drive, Las Vegas, NV 89130. Any adverse comments 
will be reviewed by the State Director who may sustain, vacate, or 
modify this realty action. In the absence of any adverse comments, this 
realty action will become the final determination of the Department of 
the Interior. The BLM may withdraw any land or interest in the land 
from sale, if, in the opinion of the authorized officer, consummation 
of the sale would not be fully consistent with FLPMA, or other 
applicable laws or is determined to not be in the public interest. Any 
comments received during this process, as well as the commentor's name 
and address, will be available to the public in the administrative 
record and/or pursuant to a Freedom of Information Act request. You may 
indicate for the record that you do not wish your name and/or address 
made available to the public. Any determination by the BLM to release 
or withhold the names and/or addresses of those who comment will be 
made on a case-by-case basis. A commenter's request to have their name 
and/or address withheld from public release will be honored to the 
extent permissible by law.
    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.

    Dated: May 23, 2003.
Mark T. Morse,
Field Manager, Las Vegas Field Office.
[FR Doc. 03-15600 Filed 6-17-03; 10:54 am]
BILLING CODE 4310-HC-P