[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

[[Page 30158]]

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