[Federal Register Volume 70, Number 249 (Thursday, December 29, 2005)]
[Notices]
[Pages 77184-77186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-8024]


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DEPARTMENT OF THE INTEROR

Bureau of Land Management

[NV-055-5853-EU]


Notice of Realty Action: Direct Sale of Public Lands in Clark 
County, NV, N-79693

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The following described lands, aggregating approximately 5.0 
acres, more or less, have been designated for disposal and will be 
offered as a direct sale of public lands within the City of Henderson 
in Clark County, Nevada, to M Holdings, LLC.

DATES: Comment regarding the proposed sale must be received by the 
Bureau of Land Management (BLM) on or before February 13, 2006.

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 89103.
    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 5.0 acres, more or less, have been authorized and designated for 
disposal under the Southern Nevada Public Land Management Act of 1998 
(112 Stat. 3242), 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 and Management Act (FLPMA) of 1976 (43 U.S.C. 
1713 and 1719), respectively, its implementing regulations, and in 
accordance with 43 CFR 2710.0-2, at not less than the appraised Fair 
Market Value (FMV) of the parcel, which has been determined to be 
$5,010,000.00.
    It is determined that the sale meets the criteria for disposal in 
FLPMA and the regulations at 43 CFR 2710.0-3 (a)(2) which states 
``Disposal of such tract shall serve important public objectives, 
including but not limited to, expansion of communities and economic 
development, which cannot be achieved prudently or feasibly on lands 
other than public lands and which outweigh other objectives and values, 
including, but not limited to, recreation and scenic values, which 
would be served by maintaining such tract in Federal ownership; and, as 
stated in (a)(3) that ``Such tract, because of its location or other 
characteristics is difficult and uneconomic to manage as part of the 
management by another Federal department or agency.
    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''.
    The City of Henderson (City), Nevada, has proposed that the 5.0 
acre parcel be sold to M Holdings, LLC (MHLLC) as an integral part of a 
public project of vital economic development importance. The City is 
further interested in addressing critical transportation needs adjacent 
to the St. Rose Parkway/Las Vegas Boulevard/Haven Road interchange and 
enhancing the ``gateway'' to the City. MHLLC has been cooperative with 
the City and as the landowner of record, on all four sides of the 
subject parcel. MHLLC has entered into appropriate transportation and 
access agreements as part of an overall redevelopment agreement for the 
surrounding land. Based upon a direct request from the City, MHLLC has 
agreed to donate approximately 3.0 acres of private land to the City 
for a new interchange, finance and construct a new intersection for 
Haven Street from St. Rose Parkway to Bicentennial Parkway, and pay for 
the light and associated improvements at the proposed intersection.
    The City has proposed to the BLM that Federal lands immediately 
adjacent to the donated property be sold to MHLLC at fair market value 
to enable MHLLC to replace the donated land and avoid unduly 
diminishing the size and value of their aggregate property. The City of 
Henderson expressed specific concerns that speculative bidding on the 
federal parcel could prevent MHLLC from purchasing the replacement 
lands, thus stopping the donation and impairing the City's ability to 
complete the public project. The 3.0 acre donation from MHLLC to the 
City, which will be recorded in the County, is a term and condition of 
the FMV direct sale to MHLLC. In the opinion of the authorized officer, 
a direct sale to MHLLC best serves the public interest.
    In this instance, MHLLC's ownership of adjacent parcels meets the 
regulatory adjoining ownership and access test as well. MHLLC owns 
parcels adjacent to the federal parcel on all sides and

[[Page 77185]]

controls access to the subject parcel from those points. The federal 
parcel is landlocked, without access, on all sides and overall 
redevelopment efforts being advanced by MHLLC are an integral part of a 
project of public importance. Speculative bidding on the subject parcel 
would serve no useful purpose other than to jeopardize timely 
completion and economic viability of the project. Finally, the City 
recognizes MHLLC could suffer a substantial economic loss if the tract 
were purchased by anyone other than MHLLC, which would ultimately 
result in substantial economic loss to the City as it relates to 
redevelopment plan for land surrounding the subject parcel.
    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. 23 S., R. 61 E.

    Sect. 9, S\1/2\SE\1/4\SW\1/4\NW\1/4\.
    The lands described above contain 5.0 acres, more or less. Clark 
County APN No. 191-09-201-006.

    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.
    Terms and Conditions of Sale: The proposed offer for direct sale to 
MHLLC is contingent upon the City receiving beforehand the 3.0 acre 
donation from MHLLC on terms satisfactory to the City. The 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 
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) 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, MHLLC will submit 20% 
of the FMV to Bureau of Land Management (BLM), Las Vegas Field Office, 
4701 North Torrey Pines Drive, Las Vegas, NV, 89103. On or prior to the 
expiration of 180 days following payment of the required deposit, MHLLC 
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

[[Page 77186]]

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 89103 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.

    Authority: 43 CFR 2711.1-2.

    Dated: October 26, 2005.
Angie Lara,
Associate Field Manager.
 [FR Doc. E5-8024 Filed 12-28-05; 8:45 am]
BILLING CODE 4310-HC-P