[Federal Register Volume 68, Number 168 (Friday, August 29, 2003)]
[Notices]
[Pages 52052-52054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22182]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-055-5853-EU]


Notice of Realty Action: Competitive Sale of Public Lands in 
Clark County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: The following described lands have been designated for 
disposal and will be offered at a competitive sale of public lands in 
Clark County, Nevada.

FOR FURTHER INFORMATION CONTACT: You may contact Judy Fry, Program 
Lead, Sales, on (702) 515-5081 or e-mail to [email protected].

SUPPLEMENTARY INFORMATION: The following lands have been designated for 
disposal under Pub. L. 105-263, the Southern Nevada Public Land 
Management Act of 1998 (112 Stat. 2343) and Pub. L. 107-282, Clark 
County Conservation of Public Land and Natural Resources Act of 2002 
(116 Stat. 1995). Sixty parcels for a total of 2,728.49 acres, more or 
less, will be offered competitively on November 6, 2003, at an oral 
auction in accordance with Section 203 and Section 209 of the Federal 
Land Policy and Management Act of 1976 (90 Stat. 2750, 43 U.S.C. 1713 
and 1719) at not less than the appraised fair market value (FMV).

Mount Diablo Meridian, Nevada

T. 19 S., R. 60 E.,
    Sec. 19, W\1/2\NE\1/4\NE\1/4\SE\1/4\, E\1/2\NW\1/4\NE\1/4\SE\1/
4\;
    Sec. 29, NE\1/4\NE\1/4\SE\1/4\NE\1/4\, N1/2SE\1/4\NE\1/4\SE\1/
4\NE\1/4\;
    Sec. 31, NW\1/4\NW\1/4\NE\1/4\NW\1/4\, SW\1/4\NW\1/4\NE\1/
4\NW\1/4\, NE\1/4\NW\1/4\NE\1/4\NW\1/4\, SE\1/4\NW\1/4\NE\1/4\NW\1/
4\, NW\1/4\SW\1/4\NE\1/4\NW\1/4\, SW\1/4\SW\1/4\NE\1/4\NW\1/4\, 
NE\1/4\SW\1/4\NE\1/4\NW\1/4\, SE\1/4\SW\1/4\NE\1/4\NW\1/4\, NE\1/
4\NE\1/4\NE\1/4\NW\1/4\, SE\1/4\NE\1/4\NE\1/4\NW\1/4\, NE\1/4\NE\1/
4\SE\1/4\NW\1/4\, SE\1/4\NE\1/4\SE\1/4\NW\1/4\.
T. 20 S., R. 60 E.,
    Sec. 6, Lot 20, NW\1/4\NW\1/4\SW\1/4\NE\1/4\, SW\1/4\NW\1/
4\SW\1/4\NE\1/4\, NE\1/4\NW\1/4\SW\1/4\NE\1/4\, SE\1/4\NW\1/4\SW\1/
4\NE\1/4\, NE\1/4\SW\1/4\SW\1/4\NE\1/4\, SE\1/4\SW\1/4\SW\1/4\NE\1/
4\, E\1/2\SE\1/4\SE\1/4\SW\1/4\.
T. 21 S., R. 60 E.,
    Sec. 10, NE\1/4\SE\1/4\NW\1/4\NW\1/4\, SE\1/4\SE\1/4\NW\1/
4\NW\1/4\, NW\1/4\SW\1/4\NE\1/4\NW\1/4\, SW\1/4\SW\1/4\NE\1/4\NW\1/
4\.
T. 22 S., R. 60 E.,
    Sec. 13, W\1/2\SW\1/4\NE\1/4\NW\1/4\;
    Sec. 18, NE\1/4\SW\1/4\SE\1/4\SW\1/4\, SE\1/4\SW\1/4\SE\1/
4\SW\1/4\;
    Sec. 19, SE\1/4\NE\1/4\NE\1/4\NE\1/4\, SE\1/4\NW\1/4\NW\1/
4\NE\1/4\, SW\1/4\NW\1/4\NW\1/4\NE\1/4\, NE\1/4\SW\1/4\NW\1/4\NE\1/
4\;
    Sec. 22, NW\1/4\NE\1/4\NE\1/4\NW\1/4\, SE\1/4\NW\1/4\NE\1/
4\NW\1/4\, SW\1/4\NW\1/4\NE\1/4\NW\1/4\, SW\1/4\NE\1/4\NW\1/4\NW\1/
4\, SE\1/4\NW\1/4\NW\1/4\NW\1/4\, NW\1/4\SE\1/4\NW\1/4\NW\1/4\, 
SW\1/4\SE\1/4\NW\1/4\NW\1/4\, NW\1/4\SW\1/4\NE\1/4\NW\1/4\;
    Sec. 23, NE\1/4\NE\1/4\NW\1/4\NW\1/4\, NW\1/4\NE\1/4\NW\1/
4\NW\1/4\, SW\1/4\NE\1/4\NW\1/4\NW\1/4\, SE\1/4\NE\1/4\NW\1/4\NW\1/
4\, NW\1/4\NW\1/4\NW\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\, NW\1/4\SW\1/4\NE\1/4\NW\1/4\, E\1/2\SW\1/
4\NE\1/4\NW\1/4\, NW\1/4\SE\1/4\NE\1/4\NW\1/4\, SE\1/4\SW\1/4\NW\1/
4\NW\1/4\, NW\1/4\NW\1/4\SW\1/4\NW\1/4\;
    Sec. 24, NW\1/4\SW\1/4\SW\1/4\NE\1/4\, SE\1/4\SW\1/4\SE\1/
4\NE\1/4\, NW\1/4\SW\1/4\SE\1/4\NE\1/4\, SE\1/4\SW\1/4\SW\1/4\NW\1/
4\, SW\1/4\SE\1/4\SW\1/4\NW\1/4\;
    Sec. 35, NE\1/4\SW\1/4\NE\1/4\NE\1/4\, SE\1/4\SW\1/4\NE\1/
4\NE\1/4\, NE\1/4\SE\1/4\NE\1/4\NE\1/4\, SE\1/4\SE\1/4\NE\1/4\NE\1/
4\, NE\1/4\NW\1/4\SE\1/4\NE\1/4\, E\1/2\NE\1/4\SE\1/4\NE\1/4\.

[[Page 52053]]

T. 22 S., R. 61 E.,
    Sec. 29, NW\1/4\SE\1/4\SW\1/4\SE\1/4\;
    Sec. 34, S\1/2\S\1/2\SW\1/4\NW\1/4\, S\1/2\SE\1/4\NW\1/4\, N\1/
2\NW\1/4\NW\1/4\SW\1/4\, NE\1/4\NW\1/4\SW\1/4\, N\1/2\NW\1/4\NE\1/
4\SW\1/4\, NE\1/4\NE\1/4\SW\1/4\, N\1/2\SE\1/4\NE\1/4\SW\1/4\, S\1/
2\SW\1/4\SW\1/4\,NE\1/4\SE\1/4\SW\1/4\, N\1/2\SE\1/4\SE\1/4\SW\1/4\, 
SW\1/4\SE\1/4\SW\1/4\, S\1/2\NW\1/4\SE\1/4\SW\1/4\.
T. 23 S., R. 61 E.,
    Sec. 11, S\1/2\S\1/2\NW\1/4\SE\1/4\, SW\1/4\SE\1/4\, W\1/2\W\1/
2\SE\1/4\SE\1/4\, E\1/2\SE\1/4\SW\1/4\, S\1/2\SE\1/4\NE\1/4\SW\1/4\;
    Sec. 14, W\1/2\NE\1/4\, W\1/2\W\1/2\NE\1/4\NE\1/4\, SE\1/4\SW\1/
4\NE\1/4\NE\1/4\, W\1/2\SE\1/4\NE\1/4\,W\1/2\E\1/2\SE\1/4\NE\1/4\, 
E\1/2\E\1/2\NW\1/4\, E\1/2\NE\1/4\SW\1/4\, SE\1/4\SW\1/4\, S\1/
2\SW\1/4\SW\1/4\,NE\1/4\SW\1/4\NE\1/4\SW\1/4\, S\1/2\SW\1/4\NE\1/
4\SW\1/4\, NE\1/4\NE\1/4\SW\1/4\SW\1/4\, S\1/2\NE\1/4\SW\1/4\SW\1/
4\, SW\1/4\NW\1/4\SW\1/4\SW\1/4\, SE\1/4\;
    Sec. 15, S\1/2\SE\1/4\, S\1/2\NW\1/4\SE\1/4\, SW\1/4\NE\1/
4\SE\1/4\, SW\1/4\SE\1/4\NE\1/4\SE\1/4\, SW\1/4\NW\1/4\NE\1/4\SE\1/
4\, S\1/2\NE\1/4\NW\1/4\SE\1/4\, NE\1/4\NE\1/4\NW\1/4\SE\1/4\;
    Sec. 22, E\1/2\, SW\1/4\;
    Sec. 23, All;
    Sec. 24, W\1/2\E\1/2\SW\1/4\NW\1/4\, SW\1/4\NW\1/4\NW\1/4\NW\1/
4\, SW\1/4\NW\1/4\NW\1/4\, SW\1/4\SE\1/4\NW\1/4\NW\1/4\, W\1/2\SW\1/
4\NW\1/4\, E\1/2\SE\1/4\SW\1/4\NW\1/4\, SE\1/4\NE\1/4\SW\1/4\NW\1/
4\, W\1/2\SW\1/4\SE\1/4\NW\1/4\, W\1/2\SW\1/4\, W\1/2\E\1/2\SW\1/4\, 
W\1/2\NE\1/4\SE\1/4\SW\1/4\, SE\1/4\SE\1/4\SW\1/4\.
T. 23 S., R. 62 E.,
    Sec. 19, Lots 13, 15, 17, 21, 22, 24, 25, 27, 28, and 29;
    Sec. 20, Lots 12, 15, 17, 18, and 20;
    Sec. 29, Lot 3;
    Sec. 30, Lots 6, 7, 10, and 11.

    Containing 2,728.49 acres, more or less.

    In addition to the lands described herein, parcels that have been 
published in a previous Notice of Realty Action (NORA) and were 
previously offered but did not sell, may be re-offered at this sale.
    When the land is sold, conveyance of the locatable mineral 
interests will occur simultaneously with the sale of the land. The 
locatable mineral interests being offered have no known mineral value. 
Acceptance of a sale offer will constitute an application for 
conveyance of those mineral interests. In conjunction with the final 
payment, the applicant will be required to pay a $50.00 non-refundable 
filing fee for processing the conveyance of the locatable mineral 
interests.
    The terms and conditions applicable to the sale are as follows:

All Parcels Are Subject to the Following

    1. All leaseable and saleable mineral deposits are reserved on land 
sold; permittees, licensees, and lessees retain the right 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.
    2. A right-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. All land parcels are subject to all valid existing rights. 
Parcels may also be subject to applications received prior to 
publication of this Notice if processing the application would have no 
adverse affect on the appraised Fair Market Value (FMV). Encumbrances 
of record are available for review during business hours, 7:30 a.m. to 
4:30 p.m., Monday through Friday, at the Bureau of Land Management, Las 
Vegas Field Office, 4701 N. Torrey Pines Drive, Las Vegas, NV.
    4. All land parcels are subject to reservations for roads, public 
utilities and flood control purposes, both existing and proposed, in 
accordance with the local governing entities' Transportation Plans.
    5. All purchasers/patentees, by accepting a patent, 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 patentee's 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) 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; (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 patented real property and may be enforced by the United States in 
a court of competent jurisdiction.
    Maps delineating the individual sale parcels are available for 
public review at the BLM Las Vegas Field Office (LVFO). Appraisals for 
each parcel will be available for public review at the LVFO on or about 
September 15, 2003.
    Each parcel will be offered by sealed bid (with the exception of N-
75200, N-76789, and N-76570), and at oral auction. All sealed bids must 
be received at the BLM LVFO, 4701 N. Torrey Pines Drive, Las Vegas, NV 
89130, no later than 4:30 p.m., PST, November 4, 2003. Sealed bid 
envelopes must be marked on the lower front left corner with the BLM 
Serial Number for the parcel and the sale date. Bids must be for not 
less than the appraised FMV and a separate bid must be submitted for 
each parcel.
    Each sealed bid shall be accompanied by a certified check, money 
order, bank draft, or cashier's check made payable to the Bureau of 
Land Management, for not less than 10 percent of the amount bid. The 
highest qualified sealed bid for each parcel will become the starting 
bid at the oral auction. If no sealed bids are received, oral bidding 
will begin at the appraised FMV.
    All parcels will be offered for competitive sale by oral auction 
beginning at 10 a.m., PST, November 6, 2003, at Sam's Town, 5111 
Boulder Highway, Las Vegas, Nevada. The location inside Sam's Town is 
the Sam's Town Live venue located near the Box Office and close to the 
movie theatres. Registration for oral bidding will begin at 8:30 a.m. 
the day of sale and will continue throughout the auction. All oral 
bidders are required to register.
    The highest qualifying bid for any parcel, whether sealed or oral, 
will be declared the high bid. The apparent high bidder, if an oral 
bidder, must submit the required bid deposit immediately following the 
close of the sale in the form of cash, personal check, bank draft, 
cashiers check, money order or any combination thereof, made payable to 
the Bureau of Land Management, for not less than 20 percent of the 
amount bid. If not paid by close of the auction, funds must be 
delivered no later than 4:30 p.m. the day of the sale to the BLM Las 
Vegas Field Office.

[[Page 52054]]

    The remainder of the full bid price, whether sealed or oral, must 
be paid within 180 calendar days of the sale date. Failure to pay the 
full price within the 180 days will disqualify the apparent high bidder 
and cause the entire bid deposit to be forfeited to the BLM.
    Parcels N-75200 and N-76789 (West Henderson), as well as N-76570, 
will be offered only at the oral auction. Sealed bids for these parcels 
will not be accepted. If these parcels are not sold at the oral 
auction, they will not be offered on the Online Internet Auction. 
Should the apparent high bidders for parcels N-75200, N-76789 and N-
76570 default, and if BLM decides to proceed with the sale, the second 
high bidder for each parcel will be declared the apparent high bidder.
    Oral bids will be considered only if received at the place of sale 
and made at least for the appraised fair market value as determined by 
the Bureau of Land Management. For parcels designated Serial Numbers N-
75200 and N-76570 specifically, each prospective bidder will be 
required to show by certified check, postal money order, bank draft or 
cashier's check made payable to the Bureau of Land Management an amount 
of money which shall be no less than 20% of the federally appraised 
fair market value of the designated parcels, Serial Numbers N-75200 and 
N-76570, in order to be eligible to bid on each respective parcel. In 
order to bid on both designated parcels listed, a separate certified 
check, postal money order, bank draft or cashier's check made payable 
to the Bureau of Land Management in an amount of money which shall be 
no less than 20% of the appraised fair market value for each designated 
parcel will be required.
    The apparent high bidders for parcels N-75200 and N-76789 will be 
required within 30 days from the date of the oral auction, November 6, 
2003, to reach an agreement to develop with the City of Henderson. 
Failure to reach an agreement within will disqualify the apparent high 
bidder(s), the deposit(s) will be returned, and if BLM decides to 
proceed with the sale, the property shall be offered to the second 
highest bidder(s) at his/her highest bid. The second highest bidder 
will be required to submit to the Bureau of Land Management, a deposit 
in the amount of 20% of their bid. He/she will also be given 30 days 
from the date of the offer to reach an agreement to develop with the 
City of Henderson. Failure by the second high bidder(s) to reach an 
agreement within 30 days will disqualify the second high bidder, their 
deposit will be returned, the sale cancelled. Having been published 
once in the Federal Register, the property may be re-offered for sale 
at a later date without further legal notice. The parcels will not be 
offered to the third high bidder in the event of the second high 
bidder's default.
    Unsold parcels, with the exception of parcels N-75200, N-76789 and 
N-76570, may be offered on the Internet. Internet auction procedures 
will be available at http://www.auctionrp.com. If unsold on the 
Internet, parcels may be offered at future auctions without additional 
legal notice. Upon publication of this notice and until the completion 
of the sale, the BLM is no longer accepting land use applications 
affecting any parcel being offered for sale, including parcels being 
offered for sale that have been published in a previous Notice of 
Realty Action. However, land use applications may be considered after 
completion of the sale for parcels that are not sold through sealed, 
oral, or online Internet auction procedures.
    Federal law requires bidders to be U.S. citizens 18 years of age or 
older; a corporation subject to the laws of any State or of the United 
States; a State, State Instrumentality, or political subdivision 
authorized to hold property, or an entity including, but not limited 
to, associations or partnerships capable of holding property or 
interests therein under the laws of the State of Nevada. Certification 
of qualification, including citizenship or corporation or partnership, 
must accompany the bid deposit.
    In order to determine the fair market value of the subject public 
lands through appraisal, certain extraordinary assumptions may 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 NORA, the Bureau of Land Management 
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 potential uses of 
the lands 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 policies and regulations that 
would affect the subject lands. It is also the buyer's responsibility 
to be aware of existing or projected use of nearby properties. When 
conveyed out of federal ownership, the lands will be subject to any 
applicable reviews and approvals by the respective unit of local 
government for proposed future uses, and any such reviews and approvals 
would 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 sale, including the 
reservations, sale procedures and conditions, 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) 515-5114. This information will also be available on 
the Internet at http://propertydisposal.gsa.gov. Click on NV for 
Nevada. It will also be available on the Internet at http://www.nv.blm.gov. Click on Southern Nevada Public Land Management Act and 
go to Land Sales.
    The general public and interested parties may submit comments to 
the Field Manager, Las Vegas Field Office, 4701 N. Torrey Pines Drive, 
Las Vegas, Nevada 89130 until October 14, 2003. Any adverse comments 
will be reviewed by the State Director, who may sustain, vacate, or 
modify this realty action in whole or in part. In the absence of any 
adverse comments, this realty action will become the final 
determination of the Department of Interior. The Bureau of Land 
Management may accept or reject any or all offers, or withdraw any land 
or interest in the land from the 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 to have your name and/or address made available to the public. 
Any determination by the Bureau of Land Management to release or 
withhold the names and/or addresses of those who comment will be made 
on a case-by-case basis. A commentor's request to have their name and/
or address withheld from public release will be honored to the extent 
permissible by law.
    Lands will not be offered for sale until at least October 28, 2003.

    Dated: August 1, 2003.
Mark T Morse,
Field Manager.
[FR Doc. 03-22182 Filed 8-28-03; 8:45 am]
BILLING CODE 4310-HC-P