[Federal Register Volume 71, Number 242 (Monday, December 18, 2006)]
[Notices]
[Pages 75766-75768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21469]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-056-5853-EU; N-78219, 7-08807]


Notice of Realty Action: Direct Sale of Public Lands in Clark 
County, 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 by direct 
sale, two parcels of public land aggregating approximately 10.0 acres, 
more or less, in the Las Vegas Valley, Nevada, within the City of 
Henderson in Clark County, to M Holdings, LLC. The sale will be under 
the authority of the Southern Nevada Public Land Management Act of 1998 
(Public Law 105-263, 112 Stat. 2343), as amended, (``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 of 1976 (FLPMA) (43 U.S.C. 1713 and 
1719), and the BLM's land sale and mineral conveyance regulations at 43 
CFR parts 2710 and 2720 at not less than the appraised Fair Market 
Value (FMV) of the parcels.

DATES: Comments regarding the proposed sale, including comments 
regarding the environmental assessment (EA), must be received by BLM on 
or before February 1, 2007.

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 89130.
    More detailed information regarding the proposed sale and the land 
involved, including the environmental studies and reports, may be 
reviewed during normal business hours (7:30 a.m. to 4:30 p.m.) at the 
BLM's Las Vegas Field Office (LVFO).

FOR FURTHER INFORMATION CONTACT: You may contact Anna Wharton, 
Supervisory Realty Specialist at (702) 515-5082. You may also call 
(702) 515-5000 and ask to have your call directed to a member of the 
Sales Team.

SUPPLEMENTARY INFORMATION: The land is located in the City of 
Henderson, Nevada, and there is no physical and legal access to the 
parcels.

Land Proposed for Sale:

Mount Diablo Meridian, Nevada

T. 23 S., R. 61 E.,
    Section 9, S\1/2\SE\1/4\NW\1/4\NW\1/4\ and N\l/2\SW\l/4\SE\l/
4\NW\l/4\.

    The lands described above contain 10.0 acres, more or less.

    The City of Henderson wishes to address critical transportation 
needs and further enhance the gateway to the City by eliminating a 
truck stop and fuel refilling facility adjacent to the St. Rose 
Parkway/Las Vegas Boulevard/Haven road interchange. The City of 
Henderson, by letters dated March 21, 2006 and April 17, 2006, has 
proposed that 10.0 acres of public lands be sold to M Holdings, LLC 
(MHLLC). Consistent with these goals and the City of Henderson's 
approved development and design standards, MHLLC has acquired, and is 
the owner of record for most of the remaining lands surrounding the 
subject Federal parcels, including the truck stop and related 
facilities. As such, MHLLC controls physical and legal access to both 
parcels, and MHLLC has worked cooperatively with the City of Henderson, 
including entering into appropriate transportation and access 
agreements as part of an overall redevelopment plan for the surrounding 
land. The City of Henderson has applied for a lease and/or patent 
pursuant to the authority of the Recreation and Public Purposes Act of 
1926, as amended, for other public lands adjacent to the subject 
Federal parcels, in furtherance of this planned project.
    The project, known as the M Resort, will be built at the southeast 
corner of Las Vegas Boulevard and St. Rose Parkway. The master planned 
M. Resort is to include the development of an Urban Village with 1,900 
condominium units, retail space, a 5,000-seat amphitheater, a fire 
station and a public park. The subject Federal parcels consist of two 
5-acre parcels. One of the parcels will be incorporated into a public 
parking garage that will support overall development. The second 5-acre 
parcel will be included as a portion of the proposed convention center 
adjacent to the planned hotel. Collectively, these parcels are integral 
components of the overall 72-acre development approved by the City of 
Henderson. Through extensive collaboration and partnership with the 
City of Henderson, MHLLC has agreed to provide extensive off-site 
utility and roadway improvements in excess of $30 million. MHLLC will 
be responsible for financing and constructing all infrastructure 
improvements including major roadway improvements and a new fire 
station, public parking garage and convention center, and a public 
park.
    Federal regulations governing sales of lands at 43 CFR 2711.3-3 
state that (a) ``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 direct 
sale.'' Examples include, but are not limited to 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, and circumstances where the adjoining 
ownership pattern and access indicate a direct sale is appropriate.''
    Because MHLLC owns the adjacent private parcels, controls access to 
the Federal parcels, and is involved with a larger master-planned 
project involving the City of Henderson, the authorized officer has 
concluded that a direct sale is warranted.
    The proposed sale is consistent with the BLM's Las Vegas Resource 
Management Plan and would serve important public objectives which 
cannot be achieved prudently or feasibly elsewhere. The subject parcels 
lack physical or legal access other than that owned and controlled by 
MHLLC and they contain no other known public values. The subject 
parcels have not been identified for transfer to the State or any other 
local government or non-profit organization and this action is strongly 
supported by the City of Henderson. 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).
    Minerals from this parcel will be reserved in accordance with the 
BLM's approved Mineral Potential Report dated January 22, 1999. 
Minerals to be reserved to the United States are oil and gas and all 
saleable minerals. Acceptance of the offer to purchase will constitute 
an application for conveyance of the unreserved ``no known value'' 
mineral interests. In conjunction with the final payment, the applicant 
for unreserved ``no known value'' mineral interests will be required to 
pay a $50.00 non-refundable filing fee for processing the conveyance of 
the

[[Page 75767]]

unreserved ``no known value'' mineral interest which will be sold 
simultaneously with the surface interests.
    Terms and Conditions of Sale: The BLM sale parcels are subject to 
the following, with those numbered to appear in the conveyance document 
and are as follows:
    1. All saleable and oil and gas mineral deposits are reserved to 
the United States; 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 parcels are subject to valid existing rights.
    4. The purchaser/patentee, by accepting a patent, covenants and 
agrees 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) 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 
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) Activities by which solid waste or hazardous substances or 
waste, 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 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.
    5. Pursuant to the requirements established by section 120(h) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act, 42 U.S.C. 9620(h) (CERCLA), as amended by the Superfund Amendments 
and Reauthorization Act of 1988, 100 Stat. 1670, notice is hereby given 
that the above-described lands have been examined and no evidence was 
found to indicate that any hazardous substances have been stored for 
one year or more, nor had any hazardous substances been disposed of or 
released on the subject property.
    The parcels are subject to reservations for road, public utilities 
and flood control purposes, both existing and proposed, in accordance 
with the local governing entities' Transportation Plans.
    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 
parcels 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 CERCLA.
    Parcels may also be subject to applications received prior to 
publication of this NORA if processing the application would have no 
adverse affect on the marketability or on 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. to 4:30 p.m., Monday 
through Friday, at the BLM LVFO.
    Maps delineating the individual proposed sale parcels are available 
for public review at the BLM LVFO along with the appraisal.
    Upon acceptance of the offer to purchase, MHLLC will submit 20% of 
the FMV, which has been determined to be $13,500,000, to the BLM, Las 
Vegas Field Office, 4701 North Torrey Pines Drive, Las Vegas, NV, 
89130. Within 180 days following payment of the 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 BLM.
    The BLM may accept or reject any or all offers to purchase any 
parcel, or may 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 the FLPMA or other applicable 
laws or is determined to not be in the public interest.
    Additional Information: In order to determine the appraised value 
of the parcels of land proposed to be sold, certain extraordinary 
assumptions may have been made as to 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 Federal, 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.
    Public Comments: The BLM Field Manager, Las Vegas Field Office, 
4701 North Torrey Pines Drive, Las Vegas, Nevada 89130 will receive the 
comments of the general public and interested parties up to 45 days 
after publication of this Notice in the Federal Register. Facsimiles, 
telephone calls, and electronic mail are unacceptable means of comment 
submission and would not be considered as properly filed. Any adverse 
comments on the sale or EA 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 commenter'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.

[[Page 75768]]

    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 commenter to have their name and/or address withheld 
from public release will be honored to the extent permissible by law.

    Authority: 43 C.F.R. 2711.1-2.

    Dated: October 12, 2006.
Juan Palma,
Field Manager.
[FR Doc. E6-21469 Filed 12-15-06; 8:45 am]
BILLING CODE 4310-HC-P