[Federal Register Volume 69, Number 178 (Wednesday, September 15, 2004)]
[Notices]
[Pages 55649-55651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20755]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-055-5853-EU]


Notice of Realty Action; Direct Sale of Public Lands in Clark 
County, NV, N-77383

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The following described lands, aggregating approximately 2.5 
acres, have been designated for disposal and will be offered as a 
direct sale of public lands in Clark County, Nevada, to Coast Hotels 
and Casinos, Inc.

DATES: Comments regarding the proposed sale must be received by the 
Bureau of Land Management (BLM) on or before November 1, 2004.

ADDRESSES: Comments regarding the proposed sale should be addressed to: 
Field Manager, Las Vegas Field Office, Bureau of Land Management, 4701 
N. Torrey Pines Drive, Las Vegas, Nevada 89130.
    More detailed information regarding the proposed sale and the land 
involved may be reviewed during normal business hours (7:30 a.m. to 
4:30 p.m.) at the Las Vegas Field Office (LVFO).

FOR FURTHER INFORMATION CONTACT: You may contact Judy Fry, Program 
Lead, Sales at (702) 515-5081 or by email at [email protected]. You may 
also call (702) 515-5000 and ask to have your call directed to a member 
of the Sales Team.

SUPPLEMENTARY INFORMATION: The lands hereinafter described, consisting 
of 2.5 acres, more or less, have been authorized and designated for 
disposal under the Southern Nevada Public Land Management Act of 1998 
(112 Stat. 2343), as amended by the Clark County Conservation of Public 
Land and Natural Resources Act of 2002 (116 Stat. 1994) (hereinafter 
``SNPLMA''). The land will be offered noncompetitively as a direct sale 
in accordance with the applicable provisions of Sections 203 and 209 of 
the Federal Land Policy Management Act of 1976 (43 U.S.C. 1713 and 
1719), respectively, its implementing regulations, and in accordance 
with 43 CFR 2711.3-3, at not less than the appraised Fair Market Value 
(FMV) of the parcel, which has been determined to be $1,324,000.00.
    43 CFR 2711.3-3(a) states that ``Direct sales (without competition) 
may be utilized, when in the opinion of the authorized officer, a 
competitive sale is not appropriate and the public interest would best 
be served by a direct sale. Examples include, but are not limited to * 
* *'' (2) A tract identified for sale that is an integral part of a 
project of public importance and speculative bidding would jeopardize a 
timely completion and economic viability of the project; or * * * (4) 
The adjoining ownership pattern and access indicate a direct sale is 
appropriate''.
    Clark County, Nevada has proposed that the 2.5 acre parcel be sold 
to Coast Hotels and Casinos, Inc (Coast) as an integral part of a 
public project that includes a new highway interchange on I-15, an 84-
inch water pipeline and a significant realignment of the Silverado 
Ranch Boulevard right-of-way. During design of the long-planned I-15 
interchange, Clark County discovered that a significant shift of 
alignment outside of the existing right-of-way would be required 
because of irreconcilable conflicts with the location of the water 
pipeline. The County has identified the need to locate the I-15 
interchange at Silverado Ranch Boulevard. Since the interchange cannot 
be relocated additional right-of-way is necessary to accommodate the 
freeway interchange, the Southern Nevada Water Authority pipeline and a 
major arterial street; impacting 2.25 acres of private land owned by 
Coast. Coast has donated 2.25 acres to Clark County to permit 
construction of the above public projects, but needs to acquire other 
land to replace the donation. This donation and the subsequent BLM 
direct sale to Coast would alleviate the need for Clark County to 
pursue other means to acquire the acreage for the projects and 
potentially avoid the delay and taxpayer expense that any alternative 
such as condemnation would cause. Clark County has asked that federal 
lands immediately adjacent to the donated property be sold to Coast at 
FMV to enable Coast to replace the donated land and avoid unduly 
diminishing the size and value of the their aggregate property. Clark 
County expressed specific concerns that speculative bidding on the 
federal parcel could prevent Coast from purchasing the replacement 
lands, thus stopping the donation and impairing the County's ability to 
complete the public project. The 2.25 acre donation from Coast to the 
County, which has been completed and recorded in the County, is a term 
and condition of the FMV direct sale to Coast. In the opinion of the 
authorized officer, a direct sale to Coast best serves the public 
interest.
    In this instance, Coast's ownership of adjacent parcels meets the 
regulation's adjoining ownership and access test as well. Coast owns 
parcels adjacent to the federal parcel on the south and east and 
controls access from those points. The federal parcel is landlocked by 
I-15, without access, on the west. County-owned land adjoins the 
federal parcel on the north. The County states that they will sell this 
remnant parcel to Coast, and an easement for a future interior road 
(Ensworth Street) will be abandoned, resulting in the federal parcel 
being landlocked by Coast-owned properties.
    The proposed sale is consistent with the BLM Las Vegas Resource 
Management Plan and would serve important public objectives which 
cannot be achieved prudently or feasibly elsewhere. The land contains 
no other known public values. The environmental assessment, map, and 
approved appraisal report covering the proposed sale are available for 
review at the BLM, Las Vegas Field Office, Las Vegas, Nevada (LVFO).

Land Proposed for Sale

Mount Diablo Meridian, Nevada

T. 22 S., R. 61 E.,
    Sec. 29, SE\1/4\NW\1/4\NW\1/4\NE\1/4\.

    The lands described above contain 2.5 acres, more or less.

    When the parcel of land is sold, the locatable mineral interests 
therein will be sold simultaneously as part of the sale. The land 
identified for sale has no known locatable mineral value. Acceptance of 
the offer to purchase will constitute an application for conveyance of 
the locatable 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 interest.

[[Page 55650]]

Terms and Conditions of Sale

    The proposed direct sale to Coast is contingent upon the County 
receiving beforehand the 2.25 acre donation from Coast on terms 
satisfactory to the County. The 2.5 acre BLM sale parcel is subject to 
the following:
    1. All discretionary leaseable and saleable mineral deposits are 
reserved; but, permittees, licensees, and lessees retain the right to 
prospect for, mine, and remove such 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. The parcel is subject to 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 
federally approved Fair Market Value (FMV).
    4. The parcel is subject to reservations for road, public utilities 
and flood control purposes, both existing and proposed, in accordance 
with the local governing entities' Transportation Plans.
    5. No warranty of any kind, express or implied, is given by the 
United States as to the title, physical condition or potential uses of 
the parcel of land proposed for sale; and the conveyance of any such 
parcel will not be on a contingency basis. However, to the extent 
required by law, all such parcels are subject to the requirements of 
section 120(h) of the Comprehensive Environmental Response Compensation 
and Liability Act, as amended (CERCLA) (42 U.S.C. 9620(h)).
    6. All purchasers/patentees, by accepting a patent, agree to 
indemnify, defend, and hold the United States harmless from any cost, 
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) Cost, 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 
patented real property and may be enforced by the United States in a 
court of competent jurisdiction.
    7. Maps delineating the individual proposed sale parcel are 
available for public review at the BLM LVFO along with the appraisal.
    8. Upon acceptance of the offer to purchase, Coast Casinos will 
submit 20% of the FMV to Bureau Land Management (BLM), Las Vegas Field 
Office, 4701 North Torrey Pines Drive, Las Vegas, and NV 89130. Within 
180 days following payment of the deposit, Coast Casinos will remit the 
balance of the FMV to BLM in the form of a certified check, money 
order, bank draft or cashier's check made payable to the order of the 
Bureau of Land Management.
    9. The BLM may accept or reject any or all offers, or withdraw any 
parcel of land or interest therein 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 are determined to not 
be in the public interest. If not sold, any parcel described above in 
this Notice may be identified for sale at a later date without further 
legal notice.
    10. 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 
interest therein under the laws of the State of Nevada. Certification 
of qualification, including citizenship or corporation or partnership, 
must accompany the bid deposit.
    Additional Information: In order to determine the value, through 
appraisal, of the parcel of land proposed to be sold, certain 
extraordinary assumptions may have been made of the attributes and 
limitations of the land and potential effects of local regulations and 
policies on potential future land uses. Through publication of this 
NORA, the BLM gives notice that these assumptions may not be endorsed 
or approved by units of local government. It is the buyer's 
responsibility to be aware of all applicable local government policies, 
laws, and regulations that would affect the subject lands, including 
any required dedication of lands for public uses. 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 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.

Public Comments

    The BLM Field Manager, Las Vegas Field Office, 4701 North Torrey 
Pines Drive, Las Vegas, Nevada 89130 will receive the comments of the 
general public and interested parties up to 45 days after publication 
of this Notice in the Federal Register. 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 the Interior. 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 BLM to release or withhold the names and/or 
addresses of those who comment will be made on a case-by-case basis. A 
request from a commentor to have their name and/or address withheld 
from public release will be honored to the extent permissible by law.


[[Page 55651]]


    Dated: August 17, 2004.
Angie Lara,
Assistant Field Manager.
[FR Doc. 04-20755 Filed 9-14-04; 8:45 am]
BILLING CODE 4310-HC-P