[Federal Register Volume 71, Number 103 (Tuesday, May 30, 2006)]
[Notices]
[Pages 30691-30692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8257]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-056-7122-EU-F152; N-79099]


Notice of Realty Action: Non-Competitive Sale in the Las Vegas 
Valley, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) proposes to sell a 1.25 
acre parcel of public land in the southwest portion of the Las Vegas 
Valley, Nevada, to the owner of lands adjoining the parcel. The 
adjoining private land owner has requested that the parcel be sold to 
him by non-competitive (direct) sale at not less than the appraised 
market value of the land.

DATES: On or before July 14, 2006, interested parties may submit 
comments concerning the proposed sale to the BLM Field Manager, Las 
Vegas Field Office, at the address stated below.

ADDRESSES: Las Vegas Field Office, Bureau of Land Management, 4701 N. 
Torrey Pines Drive, Las Vegas, NV 89130

FOR FURTHER INFORMATION CONTACT: Shawna Woods, Realty Specialist at 
(702) 515-5099.

SUPPLEMENTARY INFORMATION: Pursuant to the request of Mr. Scott 
Schroeder, the BLM proposes to sell the parcel of public land located 
in the southwest portion of the Las Vegas Metropolitan Area and further 
described below. The subject parcel contains 1.25 acres in the form of 
an isolated parcel resulting from the recent reduction in the width of 
the Blue Diamond Highway right-of-way. The highway right-of-way for 
Blue Diamond Highway was granted in 1960. The grant included the 
subject lands. In 1992, the Nevada Department of Transportation 
relinquished a portion of the right-of-way width (100 feet on both 
sides) for the highway. This action reduced the highway frontage to Mr. 
Schroeder's property and left a small parcel of public land between the 
highway and Mr. Schroeder's private land. Mr. Schroeder has requested 
the direct sale of the piece between his property and the highway in 
order to regain highway access. The majority of the 1.25 acre parcel is 
encumbered by several rights-of-way making the net usable area 0.1156 
acre. The subject parcel, consisting of approximately 1.25 acres of 
land, would be sold at not less than the fair market value of $54,500 
as determined by a BLM, reviewed and approved appraisal. The following 
described land in Clark County, Nevada, has been examined and found 
suitable for direct sale pursuant to section 203 of the Federal Land 
Policy and Management Act of 1976 ((FLPMA) P.L. 94-579, as amended , 43 
U.S.C. 1713) and the Southern Nevada Public Land Management Act 
(SNPLMA, P.L. 105-263) and 43 CFR 2711.3-3.

Mount Diablo Meridian, Nevada

T. 22 S., R 60 E.,
    Section 19, SW\1/4\NE\1/4\NE\1/4\SE\1/4\NW\1/4\.

    The area described contains 1.25 acres in Clark County.

    This proposed action is in conformance with the Las Vegas Resource 
Management Plan, approved on October 5, 1998. The plan has been 
reviewed and it is determined the proposed action conforms with land 
use plan decision LD-1 established in accordance with section 202 of 
FLPMA, as amended (43 U.S.C. 1713).
    A direct sale to Mr. Scott Schroeder is being proposed, and is 
considered appropriate. 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 be best served by a direct sale. Examples include 
but are not limited to: * * * (4) The adjoining ownership pattern and 
access indicate a direct sale is appropriate''. The land is not 
required for any Federal purpose. The sale will be made subject to the 
applicable provisions of FLPMA and the regulations of the Secretary of 
the Interior.
    The minerals of no known value will be conveyed with this parcel. 
Acceptance of the offer to purchase will constitute an application for 
conveyance of these 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 mineral interests of no 
known value which will be sold simultaneously with the surface 
interest.
    When patented, title to the land will continue to be subject to the 
following:
    1. A reservation of a right-of-way thereon for ditches or canals 
constructed by the authority of the United States, Act of August 30, 
1890 (26 Stat. 391, 43 U.S.C. 945);
    2. A reservation to the United States of oil and gas and salable 
minerals together with the right to prospect for, mine and remove such 
deposits from the same under applicable law and such regulations as the 
Secretary of the Interior may prescribe;
    3. Valid existing rights of record, including, but not limited to 
those

[[Page 30692]]

documented on the BLM public land records at the time of sale;
    4. Rights for a railroad granted to Los Angeles and Salt Lake 
Railroad Company, its successors and assigns, by BLM right-of-way 
No.CC-014956, pursuant to the Act of February 15, 1901 (031 Stat 790; 
43 U.S.C. 959);
    5. Rights for an aerial telephone line granted to Central 
Telephone, its successors and assigns, by BLM right-of-way No.N-03983, 
pursuant to the Act of February 15, 1901 (031 Stat 790; 43 U.S.C. 959);
    6. Rights for an overhead distribution powerline and substation 
granted to Nevada Power, its successors and assigns, by BLM right-of-
way No. N-58888, pursuant to section 501 of FLPMA (43 U.S.C. 1761).
    7. Rights for a temporary use area granted to Nevada Power with an 
expiration date of February 27, 2007, its successors and assigns, by 
BLM right-of-way No. N-58888-02, pursuant to section 501 of FLPMA (43 
U.S.C. 1761).
    8. Rights for a natural gas pipeline granted to the Southwest Gas 
Corporation, its successors and assigns, by BLM right-of-way No. N-
60107, pursuant to the Act of February 25, 1920 (41 Stat. 437; 30 
U.S.C. 185 Sec.28).
    9. Rights for a highway granted to Nevada Department of 
Transportation, its successors and assigns, by BLM right-of-way No. 
Nev-012728, pursuant to the Act of August 27, 1958 (072 Stat. 892; 23 
U.S.C. 107(D)).
    The patentee, by accepting a patent, covenants and agrees 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 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 
the above described parcel of land patented or otherwise conveyed by 
the United States, and may be enforced by the United States in a court 
of competent jurisdiction.
    No warranty of any kind, express or implied is given or will be 
given by the United States as to the title, physical condition or 
potential uses of the land proposed for sale. However, to the extent 
required by law, such land is subject to the requirements of section 
120(h) of the Comprehensive Environmental Response Compensation and 
Liability Act (CERCLA), as amended (42 U.S. C. 9620(h)).
    Publication of this notice in the Federal Register temporarily 
segregates the above described land from appropriation under the public 
land laws, including the mining laws. The segregative effect of this 
notice will terminate upon issuance of a patent or upon expiration of 
270 days from the date of publication in the Federal Register, 
whichever occurs first (43 CFR 2711.1-2(d). The above described land 
was previously segregated from mineral entry under BLM case file number 
N-66364, with record notation as of October 19, 1998. This previous 
segregation will terminate upon publication of this notice in the 
Federal Register.
    Detailed information concerning the proposed sale, including an 
environmental assessment and the approved appraisal report is available 
for review at the BLM Las Vegas Field Office at the address above. The 
Field Manager, BLM, Las Vegas Field Office, will review the comments of 
all interested parties concerning the sale. To be considered, comments 
must be received at the BLM Las Vegas Field Office on or before the 
date stated above in this notice for that purpose. Comments received 
during this process, including respondent's name, address, and other 
contact information, will be available for public review. Individual 
respondents may request confidentiality. If you wish to request that 
BLM consider withholding your name, address, and other contact 
information from public review or disclosure under the Freedom of 
Information Act, you must state this prominently at the beginning of 
your comment. The BLM will honor requests for confidentiality on a 
case-by-case basis to the extent allowed by law. The BLM will make 
available for public review, in their entirety, all comments submitted 
by businesses or organizations, including comments by individuals in 
their capacity as an official or representative of a business or 
organization. Any adverse comments will be reviewed by the BLM, Nevada 
State Director.
    In the absence of any adverse comments, the decision will become 
effective on July 31, 2006. The lands will not be offered for sale 
until after the decision becomes effective.

    Authority: 43 CFR 2711.1-2(a).

    Dated: April 20, 2006.
Sharon DiPinto,
Assistant Field Manager, Division of Lands, Las Vegas, Nevada.
[FR Doc. E6-8257 Filed 5-26-06; 8:45 am]
BILLING CODE 4310-HC-P