[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Notices]
[Pages 16301-16304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6270]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-055-5870-EU]


Notice of Realty Actions: Competitive Sale of Public Lands in 
Clark County, NV; Termination of Segregation and Classification of Two 
Parcels Designated for Recreation and Public Purposes

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) proposes to sell 72 
parcels of federally owned land in Laughlin, Nevada, aggregating 
approximately 2,058.19 acres. All sales will be conducted in Laughlin 
on June 15, 2005, in accordance with competitive bidding procedures. 
The BLM also is terminating the Recreation and Public Purposes 
classifications of two parcels of land in Clark County, Nevada, that 
will be offered for sale on June 15, 2005.

DATES: Comments regarding the proposed sale must be received by BLM on 
or before May 16, 2005.
    Sealed bids must be received by the BLM not later than 4:30 p.m., 
PDT, June 10, 2005.
    All parcels of land proposed for sale are to be put up for purchase 
and sale, at public auction, beginning at 10 a.m., PDT, June 15, 2005. 
Registration for oral bidding will begin at 8 a.m., PDT, June 15, 2005. 
The public auction will begin at 10 a.m., PDT, June 15, 2005.
    Other deadline dates for the receipt of payments, and arranging for 
certain payments to be made by electronic transfer, are specified in 
the proposed terms and conditions of sale, as stated herein.

ADDRESSES: Comments regarding the proposed sale, as well as sealed bids 
to

[[Page 16302]]

be submitted to BLM, 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 lands 
involved may be reviewed during normal business hours (7:30 a.m. to 
4:30 p.m.) at the Las Vegas Field Office (LVFO).
    The address for oral bidding registration, and for where the public 
auction will be held is: Laughlin Junior/Senior High School, 1900 
Cougar Drive, Laughlin, Nevada 89028.
    The auction will take place in the Auditorium at the Laughlin 
Junior/Senior High School.

FOR FURTHER INFORMATION CONTACT: You may contact Judy Fry, Program 
Lead, SALES at (702) 515-5081 or by e-mail 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 following lands have been authorized and 
designated for disposal in the Las Vegas Field Office Resource 
Management Plan (RMP), dated October 5, 1998 and, therefore, meet the 
disposal qualification of section 205 of the Federal Land Transaction 
Facilitation Act of July 25, 2000 (43 U.S.C. 2304) (hereinafter FLTFA). 
These lands are proposed to be put up for purchase and sale by 
competitive auction on June 15, 2005, at an oral auction to be held in 
accordance with Section 205 of FLTFA, the applicable provisions of 
Sections 203 and Section 209 of the Federal Land Policy and Management 
Act of 1976 (FLPMA) (43 U.S.C. 1713 and 1719), respectively, and the 
implementing FLPMA regulations, 43 CFR part 2710 and part 2720, at not 
less than the fair market value (FMV) of each parcel, as determined by 
the authorized officer after appraisal. The proceeds from the sale of 
the lands will be deposited into the Federal Land Disposal Account, 
pursuant to FLTFA.

Lands Proposed for Sale

Mount Diablo Meridian, Nevada,

Mount Diablo Meridian,

T. 32 S., R. 66 E.,
    Sec. 08, Lots 2-5, 7-12, 14-18, 20-22, 24-29, 31-33.
    Sec. 09, N\1/2\NE\1/4\, SW\1/4\NE\1/4\, E\1/2\SE\1/4\NE\1/4\, 
N\1/2\NW\1/4\SE\1/4\NE\1/4\, NE\1/4\NW\1/4\, S\1/2\NW\1/4\, SW\1/4\, 
NE\1/4\NE\1/4\SE\1/4\, S\1/2\NE\1/4\SE\1/4\, W\1/2\NW\1/4\SE\1/4\, 
S\1/2\SE\1/4\.
    Sec. 15, N\1/2\NE\1/4\NE\1/4\NW\1/4\, S\1/2\NE\1/4\NE\1/4\NW\1/
4\, NE\1/4\NW\1/4\NE\1/4\NW\1/4\, NW\1/4\NW\1/4\NE\1/4\NW\1/4\, 
SW\1/4\NW\1/4\NE\1/4\NW\1/4\, SE\1/4\NW\1/4\NE\1/4\NW\1/4\, NE\1/
4\SW\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\, SE\1/4\SW\1/4\NE\1/4\NW\1/4\, N\1/2\SE\1/4\NE\1/
4\NW\1/4\, S\1/2\SE\1/4\NE\1/4\NW\1/4\, E\1/2\NE\1/4\NE\1/4\NW\1/
4\NW\1/4\, W\1/2\NE\1/4\NE\1/4\NW\1/4\NW\1/4\, E\1/2\NW\1/4\NE\1/
4\NW\1/4\NW\1/4\, W\1/2\NW\1/4\NE\1/4\NW\1/4\NW\1/4\, W\1/2\SW\1/
4\NE\1/4\NW\1/4\NW\1/4\, E\1/2\SW\1/4\NE\1/4\NW\1/4\NW\1/4\, W\1/
2\SE\1/4\NE\1/4\NW\1/4\NW\1/4\, E\1/2\SE\1/4\NE\1/4\NW\1/4\NW\1/4\, 
E\1/2\NE\1/4\NW\1/4\NW\1/4\NW\1/4\, W\1/2\NE\1/4\NW\1/4\NW\1/4\NW\1/
4\, E\1/2\NW\1/4\NW\1/4\NW\1/4\NW\1/4\, W\1/2\NW\1/4\NW\1/4\NW\1/
4\NW\1/4\, W\1/2\SW\1/4\NW\1/4\NW\1/4\NW\1/4\, E\1/2\SW\1/4\NW\1/
4\NW\1/4\NW\1/4\, W\1/2\SE\1/4\NW\1/4\NW\1/4\NW\1/4\, E\1/2\SE\1/
4\NW\1/4\NW\1/4\NW\1/4\, E\1/2\NE\1/4\SW\1/4\NW\1/4\NW\1/4\, W\1/
2\NE\1/4\SW\1/4\NW\1/4\NW\1/4\, E\1/2\NW\1/4\SW\1/4\NW\1/4\NW\1/4\, 
W\1/2\NW\1/4\SW\1/4\NW\1/4\NW\1/4\, W\1/2\SW\1/4\SW\1/4\NW\1/4\NW\1/
4\, E\1/2\SW\1/4\SW\1/4\NW\1/4\NW\1/4\, W\1/2\SE\1/4\SW\1/4\NW\1/
4\NW\1/4\, E\1/2\SE\1/4\SW\1/4\NW\1/4\NW\1/4\, E\1/2\NE\1/4\SE\1/
4\NW\1/4\NW\1/4\, W\1/2\NE\1/4\SE\1/4\NW\1/4\NW\1/4\, E\1/2\NW\1/
4\SE\1/4\NW\1/4\NW\1/4\, W\1/2\NW\1/4\SE\1/4\NW\1/4\NW\1/4\, W\1/
2\SW\1/4\SE\1/4\NW\1/4\NW\1/4\, E\1/2\SW\1/4\SE\1/4\NW\1/4\NW\1/4\, 
W\1/2\SE\1/4\SE\1/4\NW\1/4\NW\1/4\, E\1/2\SE\1/4\SE\1/4\NW\1/4\NW\1/
4\, N\1/2\SW\1/4\, N\1/2\SW\1/4\SW\1/4\, W\1/2\SW\1/4\SW\1/4\SW\1/
4\, SE\1/4\SW\1/4\SW\1/4\, W\1/2\SE\1/4\SW\1/4\, E\1/2\SE\1/4\SW\1/
4\.
    Sec. 16, NE\1/4\, W\1/2\SW\1/4\NW\1/4\, SE\1/4\SW\1/4\NW\1/4\, 
NE\1/4\SE\1/4\NW\1/4\, S\1/2\SE\1/4\NW\1/4\, N\1/2\NE\1/4\SW\1/4\, 
N\1/2\SW\1/4\NE\1/4\SW\1/4\, SE\1/4\NE\1/4\SW\1/4\, N\1/2\NW\1/
4\SW\1/4\, N\1/2\SW\1/4\NW\1/4\SW\1/4\, N\1/2\SE\1/4\NW\1/4\SW\1/4\, 
S\1/2\NE\1/4\SW\1/4\SW\1/4\, SE\1/4\SW\1/4\SW\1/4\, NE\1/4\SE\1/
4\SW\1/4\, S\1/2\SE\1/4\SW\1/4\, SW\1/4\SE\1/4\, W\1/2\SE\1/4\SE\1/
4\, E\1/2\SE\1/4\SE\1/4\.
    Sec. 17, Lots 1-4, 6-22, 25-30, 32, 34-36.

Consisting of 72 Parcels Containing 2,058.19 Acres, More or Less

    If a parcel of land is sold, the locatable mineral interests 
therein will be sold simultaneously as part of the sale. The lands 
identified for sale have no known locatable mineral value. An offer to 
purchase any parcel at auction 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 interests.

Terms and Conditions of Sale

    The terms and conditions applicable to this sale are as follows: 
All parcels are subject to the following:
    1. All discretionary leaseable and saleable mineral deposits are 
reserved to the United States on the lands in Clark County; 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. All parcels are 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 marketability of title, or the federally approved Fair Market Value 
(FMV), of a parcel. Encumbrances of record, appearing in the BLM public 
files for the parcels proposed for sale, are available for review 
during business hours, 7:30 a.m. PDT to 4:30 p.m. PDT, Monday through 
Friday, at the BLM LVFO.
    4. All parcels are subject to reservations for roads, public 
utilities and flood control purposes, both existing and proposed, in 
accordance with laws and 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 parcels 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, covenant and 
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 patentees or their 
employees, agents, contractors, or lessees, or any third-party, arising 
out of or in connection with the patentees' 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 patentees 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

[[Page 16303]]

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 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) 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 each of the parcels of land patented or 
otherwise conveyed by the United States, and may be enforced by the 
United States in a court of competent jurisdiction.
    7. Maps delineating the individual proposed sale parcels are 
available for public review at the BLM LVFO and at the office of the 
Laughlin Town Manager located at the Laughlin Regional Government 
Center, 101 Civic Way, Laughlin, Nevada 89029. Current appraisals for 
each parcel are expected to be available for public review at the LVFO 
on or about March 31, 2005.
    8. (a) Sealed bids may be presented for all parcels. Sealed bids 
must be received at the BLM LVFO, no later than 12 p.m., PDT, Friday, 
June 10, 2005. 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 federally approved FMV and a 
separate bid must be submitted for each parcel.
    8. (b) Each sealed bid shall be accompanied by a certified check, 
money order, bank draft, or cashier's check made payable in U.S. 
dollars to the order of the Bureau of Land Management, for not less 
than 10 percent or more than 30 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 FMV, as determined by the authorized officer.
    9. All parcels will be put up for competitive sale by oral auction 
beginning at 10 a.m., PDT, June 15, 2005, in the Auditorium of the 
Laughlin Junior/Senior High School located at 1900 Cougar Drive, 
Laughlin, Nevada. Interested parties who will not be bidding are not 
required to register and may proceed directly to the Auditorium.
    10. All oral bidders are required to register. Registration for 
oral bidding will begin at 8 a.m. PDT on the day of the sale and will 
end at 10 a.m. PDT. You are encouraged to pre-register by mail or fax 
by completing the form located in the sale book. The form is also 
available at the Laughlin Regional Government Center, the BLM LVFO, and 
on the Internet at http://www.nv.blm.gov/snplma. Pre-registration will 
end at 12 p.m. PDT, on June 3, 2005.
    11. (a) Prior to receiving a bidder number on the day of the sale, 
all registered bidders must submit a certified check, bank draft, or 
cashier's check in the amount of $10,000. The certified check bank 
draft, or cashier's check must be made payable in U.S. dollars to the 
Bureau of Land Management. On the day of the sale, pre-registered 
bidders may go to the Express Registration Desk, present their Photo 
Identification, the required $10,000 check, and receive a bidder 
number. All other bidders must go to the standard Registration Line 
where additional information will be requested along with your Photo 
Identification and the required $10,000 check. Upon completion of 
registration you will be given a bidder number. If you are a successful 
bidder, the $10,000 will be applied to your required 20% deposit. 
Following the auction, checks will be returned to the unsuccessful 
bidders upon presentation of Photo Identification and return of their 
bidder number at the designated location.
    11. (b) If as a result of a sealed bid you presented to BLM prior 
to the auction, you were not declared a high-bidder, your check will be 
returned to you at the auction upon proof of identification. If you do 
not attend the auction, your check will be returned according to your 
instructions.
    12. If you purchase one or more parcels and default on any single 
parcel, the default will be against all of your parcels. BLM will 
retain your $10,000 and the sale of all parcels to you will be 
cancelled.
    13. 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 full deposit amount by 2 p.m. PDT on the 
day of the sale in the form of cash, personal check, bank draft, 
cashiers check, money order or any combination thereof, made payable in 
U.S. dollars to the Bureau of Land Management, for not less than 20 
percent of the amount of the successful bid. Payment must be made at 
the auction site at the Laughlin Junior/Senior High School.
    14. The remainder of the full bid price, whether sealed or oral, 
must be paid within 180 calendar days of the competitive sale date in 
the form of a certified check, money order, bank draft, or cashier's 
check made payable in U.S. dollars to the Bureau of Land Management. 
Personal checks will not be accepted. Arrangements for Electronic Fund 
Transfer (EFT) to BLM for the balance which is due on or before 
December 12, 2005, must be made a minimum of two weeks prior to the 
date you wish to make payment. 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.
    15. Oral bids will be considered only if received at the place of 
sale and made at least for the FMV as determined by the authorized 
officer.
    16. The BLM may 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 be 
not 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. 
Parcels for which no bids are received, may be put up for sale in a 
future online auction on the Internet. Internet auction procedures will 
be available at http://www.auctionrp.com. If unsold on the Internet, 
parcels may be put up for sale at future auctions without additional 
legal notice. 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 provided the authorization will not 
adversely affect the marketability or value of the parcel.
    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 acquire and own real property; or an entity including, 
but not limited to, associations or partnerships capable of acquiring 
and owning real property, or interests therein, under the laws of the 
State of Nevada. Certification of bidder qualification must accompany 
the bid deposit.

[[Page 16304]]

    In order to determine the value, through appraisal, of the parcels 
of land proposed to be sold, 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. It is the buyer's responsibility to be aware 
of all applicable State and 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.
    The Environmental Assessment, EA NUMBER 2004-475, Laughlin Land 
Sale, and Record of Decision, detailed information concerning the sale, 
including the encumbrances, reservations, sale procedures and 
conditions, and CERCLA is available for review at the BLM LVFO, 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/snplma. 
Click on Federal Land Transaction Facilitation Act, then Land Sales, 
then Upcoming Sales. Scroll down the page and select Laughlin.

Termination of Classification and Segregations

    Additionally, the following leases granted under the Recreation and 
Public Purposes (R&PP) Act, 43 U.S.C. 869 et. seq.) have been 
relinquished: N-50031 (54 FR 23712) and N-50912 (54 FR 23711). This 
Notice officially terminates the R&PP classifications and segregations. 
Exchange file N-74701, 48 U.S.C. 1716, was closed without action on 2/
12/03 and this Notice officially terminates that Exchange Segregation. 
Lands described in this Notice were also previously segregated under 
Exchange file N-61698 and this Notice officially terminates that 
Exchange Segregation of the described lands. The above terminations, 
however, do not, operate, or serve as opening orders.

Segregation

    The publication of this Notice in the Federal Register shall 
segregate the public lands covered by this Notice to the extent that 
they will not be subject to appropriation under the public land laws, 
including the mining laws. Any subsequent application, shall not be 
accepted, shall not be considered as filed and shall be returned to the 
applicant, if the Notice segregates the lands from the use applied for 
in the application. The segregative effect of this Notice shall 
terminate upon issuance of patent or other document of conveyance to 
such lands, upon publication in Federal Register of a termination of 
the segregation or 270 days from the date of publication, whichever 
occurs first.

Public Comments

    The general public and interested parties may submit, in letter 
format, comments regarding the proposed sale and purchase to the Field 
Manager, BLM LVFO, up to 45 days after publication of this Notice in 
the Federal Register. Facsimiles, e-mails and telephone calls are 
unacceptable means for the transmission of comments. Any adverse 
comments will be reviewed by the Nevada, BLM State Director, or other 
authorized official, 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 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 request from a commentor to have their name 
and/or address withheld from public release will be honored to the 
extent permissible by law.

    Dated: March 11, 2005.
Juan Palma,
Field Manager.
[FR Doc. 05-6270 Filed 3-29-05; 8:45 am]
BILLING CODE 4310-HC-P