[Federal Register Volume 71, Number 101 (Thursday, May 25, 2006)]
[Notices]
[Pages 30157-30159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8046]
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DEPARTMENT OF THE INTEROR
Bureau of Land Management
[NV-055-5853-EU]
Notice of Realty Action; Modified Competitive Sale of Public
Lands in Clark County, NV, N-79694
AGENCY: Bureau of Land Management, Department of the Interior.
ACTION: Notice of Realty Action.
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SUMMARY: The Bureau of Land Management (BLM) proposes to sell public
lands within the City of North Las Vegas in Clark County, Nevada. These
lands, consisting of 20.42 acres more or less (10.42 acres considered
developable) have been authorized 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 for sale utilizing modified competitive bidding procedures in
accordance with the applicable provisions of Sections 203 and 209 of
the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C.
1713 and 1719), respectively, its implementing regulations, and in
accordance with 43 CFR 2711.3-2, and BLM land sale and mineral
conveyance regulations at 43 CFR Parts 2710 and 2720.
DATES: Comments regarding the proposed sale must be received by the BLM
on or before July 10, 2006. Comments regarding the environmental
assessment (EA) must be received by the BLM on or before July 10, 2006.
Sealed bids must be received by July 24, 2006.
ADDRESSES: Comments regarding the proposed sale or EA 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 Anna Wharton,
Supervisory Realty Specialist at (702) 515-5082 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: 43 CFR 2711.3-2(a) states in part that
``public lands may be offered for sale utilizing modified competitive
bidding procedures when the authorized officer determines it is
necessary to assure equitable distribution of land among purchasers or
to recognize equitable considerations or public policies.
(1) Modified competitive bidding includes, but is not limited to:
(i) Offering to designated bidders the right to meet the highest
bid. Refusal or failure to meet the highest bid shall constitute a
waiver of such bidding provisions; or
(ii) A limitation of persons permitted to bid on a specific tract
of land offered for sale; or
(iii) Offering to designated bidders the right of first refusal to
purchase the lands at fair market value. Failure to accept an offer to
purchase the offered lands within the time specified by the authorized
officer shall constitute a waiver of this preference consideration.
(2) Factors that shall be considered in determining when modified
competitive bidding procedures shall be used, include but are not
limited to: Needs of State and/or local government, adjoining
landowners, historical users, and other needs for the tract * * *.''
The City of North Las Vegas (CNLV) has proposed that the 20.42 acre
parcel be sold to assist in addressing critical transportation needs
adjacent to the Las Vegas Beltway and a major project of public
importance on adjoining private land. This small BLM parcel is vital to
the CNLV's transportation and public planning efforts. The adjoining
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ownership, restricted access, and the substantial impact of the Las
Vegas Beltway easement preclude any development opportunities for the
subject parcel other than those associated with the major project on
the adjacent 120 acres of private land owned by PJ & CB LLC.
As a result of restrictions imposed by the Las Vegas Beltway and
the Beltway exit to Losee Road, and transportation planning by the CNLV
which prohibits ingress and egress from Lawrence Street, access to the
subject parcel is controlled by PJ & CB LLC. However, PJ & CB LLC is
willing to enter into appropriate transportation and access agreements
with the CNLV to allow access through their adjoining private land as
part of development of the major project. The size of the parcel, its
isolated nature, substantial encumbrances by the Las Vegas Beltway and
Losee Road (and the resulting unusual dimensions of net usable
property), as well as the restricted access severely limit uses not
associated with the major project.
At the CNLV's request, PJ & CB LLC is willing to purchase the
parcel at not less than fair market value subject to modified
competitive bidding procedures. The CNLV is concerned that open
bidding, without allowing PJ & CB LLC the right to meet the highest
bid, would preclude the opportunity to advance the major project in an
integrated manner. Speculative bidding would jeopardize the CNLV's
ability to work together with PJ & CB LLC and would impact development
of the adjacent private land to the economic detriment of the CNLV.
On consideration of the factors described above, which include the
transportation and development needs of local government, the ownership
and access control by the adjoining land owner, and the absence of
identified needs for the tract other than those proposed by the CNLV,
the authorized officer has determined that the request by the CNLV
meets the criteria in 43 CFR 2711.3-2 and that a modified competitive
sale best serves the public interest. The authorized officer has
determined that the method of sale will be to offer to the designated
bidder the right to meet the highest bid in accordance with 43 CFR
2711.3-2(a)(1)(i), and CFR 2711.3-2(a)(2) as described above. This
notice designates PJ & CB LLC as the one bidder with the right to meet
the highest bid.
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 subject parcel has not been
identified for transfer to the State or any other local government or
nonprofit organization. A map and approved appraisal report covering
the proposed sale are available for review at the BLM, Las Vegas Field
Office, Las Vegas, Nevada (LVFO). Sealed bids must be received by the
LVFO, at the address listed above, not later than 60 days after
publication of this notice in the Federal Register.
Sealed bids must be contained in an envelope marked ``Sealed bid
for Parcel N-79694''. All bidders must submit, with their sealed bid, a
certified check, postal money order, bank draft, or cashier's check
made payable to the Bureau of Land Management in an amount not less
than 10% and not more then 30% of the appraised fair market value
(FMV), which has been determined to be $11,775,000. If 2 or more
envelopes containing valid bids of the same amount are received, the
determination of which is to be considered the highest bid shall be by
supplemental sealed biddings. Bids will be opened at the LVFO at the
address listed above within 70 days from the publication of this
Notice.
Land Proposed for Sale
Mount Diablo Meridian, Nevada
T. 19 S., R. 61 E.,
Sec. 23, Lot 12
A part of Clark County Tax Parcel No. 124-23-501-001
The lands described above contain 20.42 acres; however
approximately 10 acres are encumbered with road rights-of-way, so
only 10.42 acres may be considered useable.
In the event of a sale, conveyance of the available mineral
interests will occur simultaneously with the sale of the land. The
mineral interests being offered for conveyance have no known mineral
value. Acceptance of the offer to purchase will constitute BLM's
acceptance of 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 conveyance of the
available mineral interests.
Terms and Conditions of Sale
The BLM sale parcel will be offered for sale via written sealed bid
and is subject to the following:
1. Based upon receipt of valid bids, BLM will offer to PJ & CB LLC
the right to meet the highest bid and purchase the lands at an amount
equal to the highest bid price, which must be not less than the fair
market value as determined by the Secretary. If PJ & CB LLC declines
this offer, the bidder with the highest sealed bid price will be
declared the high bidder. Upon acceptance by BLM of the offer to
purchase, the declared high bidder must submit 20% of the offered bid
by cash, personal check, bank draft, money order or any combination of
the aforementioned forms of payment made payable to the BLM, Las Vegas
Field Office, 4701 North Torrey Pines Drive, Las Vegas, NV 89103. The
deposit included with the sealed bid may be applied to the 20% payment
at the buyer's discretion. Failure to submit at least 20% of the
offered bid within this time frame may result in default and the BLM
may retain the deposit submitted with the sealed bid and the sale may
be cancelled. Prior to expiration of 180 days from the land sale offer
date, the buyer must remit the balance of the accepted full bid price
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. Personal checks will not be accepted. Failure to pay the
full price within the 180 days will disqualify the apparent high bidder
and cause the entire 20% deposit to be forfeited to the BLM.
2. All discretionary leaseable and saleable mineral deposits are
reserved; and 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.
3. 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).
4. The sale is subject to valid existing rights. The parcel may be
subject to applications received prior to publication of this Notice if
processing the application would have no adverse effect on the
federally approved Fair Market Value (FMV). Upon publication of this
notice in the Federal Register, the above described land will be
segregated from all other forms of appropriation under the public land
laws, including the general mining laws, except for sales and disposals
under the mineral disposal laws. This segregation will terminate upon
issuance of a patent or 270 days from the date of this publication,
whichever occurs first.
5. The parcel is subject to reservations for road, public
utilities, and flood control purposes in accordance with the local
governing entities' Transportation Plans.
6. No warranty of any kind, express or implied, is given by the
United States as
[[Page 30159]]
to the title, physical condition, or potential uses of the parcel of
land proposed for sale, and the conveyance of this parcel will not be
subject to any contingencies not contained in the Terms and Conditions
section of this Notice. However, to the extent required by law, this
parcel is 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)).
7. 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, 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 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 and/or applicable to the use,
occupancy, and or operations therein; (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), pollutant(s) or contaminant(s), and/or petroleum product
or derivative of a petroleum product, 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 waste or
hazardous substances or waste and/or hazardous substance(s),
pollutant(s) or contaminant(s), and/or petroleum products or derivative
of a petroleum product, 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. Patentee shall stipulate that it will be solely
responsible for compliance with all applicable Federal, state and local
environmental and regulatory provisions, throughout the life of the
facility, including any closure and/or post-closure requirements that
may be imposed with respect to any physical plant and/or facility upon
the real property under any Federal, state or local environmental laws
or regulatory provisions. This covenant shall be construed as running
with 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.
8. Maps delineating the individual proposed sale parcel are
available for public review at the BLM LVFO along with the appraisal.
9. The BLM may accept or reject any or all offers, or withdraw the
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 would not be in the
public interest. If not sold, the parcel 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
interests therein under the laws of the State of Nevada. Certification
of qualification, whether of citizenship or corporate or partnership
status, 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 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. 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.
Dated: May 2, 2006.
Sharon DiPinto,
Assistant Field Manager.
[FR Doc. E6-8046 Filed 5-24-06; 8:45 am]
BILLING CODE 4310-33-P