[Federal Register Volume 72, Number 161 (Tuesday, August 21, 2007)]
[Notices]
[Pages 46655-46658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16438]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-056-5853-EU; NVN-78190, 7-08807]


Notice of Realty Action: Competitive 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 offer for sale 
by public auction 31 parcels of Federal public land totaling 
approximately 167.5 acres in the Las Vegas Valley, Nevada. The sale 
will be conducted under the authority of the Southern Nevada Public 
Land Management Act of 1998 (SNPLMA), 112 Stat. 2343, as amended. The 
SNPLMA sale will be subject to 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, and BLM land sale and 
mineral conveyance regulations at 43 CFR Parts 2710 and 2720.

DATES: Comments regarding the proposed SNPLMA sale and Environmental 
Assessment (EA) (NV-2007-201 must be received by BLM on or before 
October 5, 2007. Sealed bids must be received no later than 4:30 p.m. 
PDT, October 26, 2007, at the address of the Las Vegas Field Office 
(LVFO) listed below. The sale by public auction will begin at 10 a.m., 
PDT, November 1, 2007.

ADDRESSES: Written comments regarding the proposed sale may be 
submitted to BLM at the following address: Manager, Las Vegas Field 
Office, Bureau of Land Management, 4701 N. Torrey Pines Drive, Las 
Vegas, Nevada 89130.
    The address for oral bidding registration and the location of the 
public auction is: Clark County Commission Chambers, 500 S. Grand 
Central Parkway, Las Vegas, Nevada.

FOR FURTHER INFORMATION CONTACT: You may contact the LVFO at (702) 515-
5000 and ask to have your call directed to a member of the sales team. 
For general information on BLM's public land sale procedures, refer to 
the following Web address: http://www.blm.gov/nhp/what/lands/realty/sales.htm.

SUPPLEMENTARY INFORMATION: This public sale is in conformance with the 
Las Vegas Resource Management Plan, approved on October 5, 1998. BLM 
has determined that the proposed action conforms to land use plan 
decision LD-1 under the authority of FLPMA.
    The public lands would be offered for sale competitively on 
November 1, 2007, at an oral auction for not less than the appraised 
fair market value (FMV) for each parcel. The parcels described below 
would be auctioned under the terms and conditions of this Notice of 
Realty Action (NORA).

Mount Diablo Meridian, Nevada

T. 19 S., R. 59 E., sec. 3, E\1/2\NW\1/4\SW\1/4\SW\1/4\, W\1/2\SE\1/
4\SW\1/4\SW\1/4\, W\1/2\NW\1/4\SE\1/4\SW\1/4\, E\1/2\SW\1/4\SE\1/
4\SW\1/4\; sec. 25, NE\1/4\NE\1/4\SW\1/4\.
T. 19 S., R. 60 E., sec. 30, lot 22.
T. 22 S., R 60 E., sec. 13, SE\1/4\NE\1/4\SE\1/4\NE\1/4\, NE\1/
4\SE\1/4\SE\1/4\NE\1/4\; sec. 14, NW\1/4\SW\1/4\NW\1/4\SW\1/4\; sec. 
15, NE\1/4\SW\1/4\SW\1/4\NE\1/4\, NW\1/4\SW\1/4\SW\1/4\NE\1/4\, 
SW\1/4\SW\1/4\SW\1/4\NE\1/4\, SE\1/4\SW\1/4\SW\1/4\NE\1/4\; sec. 19, 
N\1/2\SW\1/4\NE\1/4\SW\1/4\NE\1/4\; sec. 24, S\1/2\SW\1/4\NW\1/
4\SE\1/4\NE\1/4\; sec 27, NW\1/4\NE\1/4\SW\1/4\NE\1/4\, NW\1/4\NW\1/
4\SW\1/4\NE\1/4\.
T. 22 S., R. 61 E., sec. 33, SW\1/4\NW\1/4\SW\1/4\NE\1/4\, SW\1/
4\SW\1/4\SW\1/4\NE\1/4\, SE\1/4\SW\1/4\SW\1/4\NE\1/4\, NE\1/4\NE\1/
4\NW\1/4\SE\1/4\, SW\1/4\NE\1/4\NW\1/4\SE\1/4\, NE\1/4\NW\1/4\NW\1/
4\SE\1/4\, SW\1/4\NW\1/4\NW\1/4\SE\1/4\, SE\1/4\NW\1/4\NW\1/4\SE\1/
4\, NE\1/4\SW\1/4\NW\1/4\SE\1/4\.

[[Page 46656]]

T. 23 S., R. 61 E., Sec. 10, S\1/2\SW\1/4\NE\1/4\SW\1/4\, SE\1/
4\NE\1/4\SW\1/4\, S\1/2\NE\1/4\NW\1/4\SE\1/4\, S\1/2\NW\1/4\NW\1/
4\SE\1/4\, S\1/2\NE\1/4\SE\1/4\SW\1/4\, S\1/2\NE\1/4\SW\1/4\SE\1/4\, 
NW\1/4\SW\1/4\SE\1/4\, N\1/2\SW\1/4\SW\1/4\SE\1/4\, S\1/2\SW\1/
4\SW\1/4\NW\1/4\, SE\1/4\SW\1/4\NW\1/4\, SW\1/4\SE\1/4\NW\1/4\, N\1/
2\SW\1/4\SE\1/4\SW\1/4\, S\1/2\SE\1/4\SE\1/4\SW\1/4\.

    Consisting of 31 parcels containing approximately 167.5 acres in 
Clark County.

    Maps delineating the individual proposed sale parcels and current 
appraisals for each parcel are available for public review at the LVFO, 
and online at: http://www.propertydisposal.gsa.gov.
    In addition to the lands described herein, other parcels that have 
been previously noticed for sale, but did not sell, may be offered at 
this sale.

Terms and Conditions

    Minerals for each parcel would be reserved in accordance with BLM's 
approved Mineral Potential Report dated January 22, 1999. Information 
pertaining to the reservation of minerals is specific to each parcel. 
That is, some will be reserved and some will be conveyed. This 
information is located in the case file and available for public review 
by visiting the BLM LVFO.
    For those parcels for which the minerals will be conveyed, an offer 
to purchase these listed parcels would constitute an application for 
mineral conveyance. In conjunction with the final payment, an applicant 
for ``no known value'' mineral parcels would be required to pay a $50 
non-refundable filing fee for processing the conveyance of the ``no 
known value'' mineral interests which will be sold simultaneously with 
the surface interests.
    Registration for oral bidding for those who have not pre-registered 
would begin at 8 a.m., PDT, November 1, 2007, and end at 10 a.m., PDT. 
Other deadline dates for the receipt of payments, and arranging for 
certain payments to be made by electronic transfer, are specified in 
the proposed terms and conditions of sale.
    The following numbered terms and conditions would appear on the 
conveyance documents for these parcels, as follows:
    1. All parcels described above will have discretionary leasable and 
saleable mineral deposits on the lands in Clark County, if any, 
reserved to the United States, in accordance with BLM's approved 
Mineral Potential Report, dated January 22, 1999. Permittees, 
licensees, and lessees of the United States retain the right to 
prospect for, mine, and remove such leasable and saleable minerals 
owned by the United States under applicable law and any regulations 
that the Secretary of the Interior may prescribe, together with 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. All parcels are subject to valid existing rights.
    4. 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, 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 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.
    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 the federally approved FMV of a 
parcel. Encumbrances that may appear on the BLM public files for the 
parcels proposed for sale are available for review during business 
hours, 7:30 a.m. PDT to 4:30 p.m. PDT, Monday through Friday, at the 
BLM LVFO.
    Pursuant to 43 CFR 2800, BLM will notify valid existing rights-of-
way holders of their ability to convert their compliant rights-of-way 
to perpetual rights-of-way or easements. Each valid holder will be 
notified in writing of their rights and then must apply for the 
conversion of their current authorization.
    All parcels are subject to reservations for roads, public utilities 
and flood control purposes in accordance with the local governing 
entities' transportation plans.
    No representation, warranty, or covenant of any kind, express or 
implied, is given or made by the United States as to title, whether or 
to what extent the land may be developed, its physical condition, 
future uses, or any other circumstance or condition. The conveyance of 
any parcel will not be on a contingency basis. However, to the extent 
required by law, all parcels are subject to the requirements of section 
120(h) of the CERCLA.
    Sealed bids under 43 CFR 2711.3-1(c) may be submitted for any 
parcel. Sealed bids must be received at the BLM LVFO no later than 4:30 
p.m., PDT, October 26, 2007. Sealed bid envelopes must be marked on the 
lower front left corner with the BLM Serial Number for the parcel and 
the sale date. Bids must be for not less than the federally approved 
FMV, and a separate bid must be submitted for each parcel.
    As required by 43 CFR 2711.3-1(c), each sealed bid shall be 
accompanied by a certified check, postal money order, bank draft, or 
cashier's check made payable in U.S. dollars to the order of the Bureau 
of Land Management, for not less than 10 percent or more than 30 
percent of the amount bid. The highest qualifying sealed bid for each 
parcel

[[Page 46657]]

will become the starting bid at the oral auction. If no sealed bids are 
received, oral bidding will begin at the FMV, as determined by the 
authorized officer. All sealed bids will be opened and recorded at 2 
p.m. PDT on October 30, 2007, at the BLM office on 4701 N. Torrey Pines 
Drive in Las Vegas.
    Interested parties who will not be bidding at the public auction 
are not required to register and may proceed directly to the Clark 
County Commission Chambers. If seating becomes limited, bidders will 
have seating preference.
    All oral bidders are required to register. Registration for oral 
bidding will begin at 8 a.m. PDT on the day of the sale and end at 10 
a.m. PDT that day. Bidders are encouraged to pre-register by mail or 
fax by completing the form located in the sale packet. The form is also 
available at the BLM LVFO and online at: http://www.auctionrp.com.
    Prior to receiving a bidder number on the day of the sale, all 
registered bidders must submit a certified check, bank draft, postal 
money order, or cashier's check in the amount of $10,000. This is a bid 
guarantee. The check must be made payable in U.S. dollars to the order 
of the Bureau of Land Management. On the day of the sale, pre-
registered bidders may go to the express registration desk, present 
their photo identification and proof of citizenship, the required 
$10,000 bid guarantee and receive a bidder number. Bidders that have 
not pre-registered must go to the standard registration line where 
additional information will be requested including photo 
identification, proof of citizenship, and the required $10,000 bid 
guarantee. On completion of registration a bidder number will be 
assigned.
    At auction, the highest qualifying bid for any parcel will be 
declared the apparent high bid. Under 43 CFR 2711.3-1(d), the apparent 
high bidder must submit a deposit of not less than 20 percent of the 
successful bid by 3 p.m. PDT on the day of the sale either in the form 
of cash (U.S. dollars), a personal check, bank draft, cashier's check, 
postal money order or any combination thereof, made payable in U.S. 
dollars to the order of the Bureau of Land Management. The deposit must 
be delivered no later than 3 p.m. PDT the day of the sale to the BLM 
collection officers at the Clark County Commission Chambers. Deposits 
will not be accepted at the BLM LVFO.
    Following the auction, all monies submitted with sealed bids and 
bid guarantees will be returned to the unsuccessful bidders upon 
presentation of photo identification at the designated area. If the 
apparent high bidder so chooses, the bid guarantee may be applied to 
the required deposit. Failure to submit the deposit following the sale 
under 43 CFR 2711.3-1(d) will result in forfeiture of the bid 
guarantee. If a bidder offers to purchase more than one parcel and 
fails to submit the bid deposit following the sale on any single 
parcel, BLM will retain the bid guarantee and may cancel the sale of 
all of the parcels for which a bidder is declared the apparent high 
bidder.
    The remainder of the full bid price for each parcel must be paid 
within 180 calendar days of the competitive sale date, April 30, 2008, 
in the form of a certified check, postal money order, bank draft, or 
cashier's check made payable in U.S. dollars to the order of the Bureau 
of Land Management. Personal checks will not be accepted. Arrangements 
for electronic fund transfer to BLM for the balance due on or before 
April 30, 2008, shall be made a minimum of 2 weeks prior to the date 
you wish to make payment. Failure to pay the full price within the 180 
days will disqualify the apparent high bidder and cause the entire 20 
percent deposit to be forfeited to the BLM. Forfeiture of the 20 
percent deposit is by operation of 43 CFR 2711.3-1(d). No exceptions 
will be made. BLM cannot accept the full price at any time following 
the 180th day after the sale.
    Within 30 days of the sale, BLM will either accept or reject all 
bids received. Under 43 CFR 2711.3-1, a bid is the bidder's offer to 
BLM to purchase the parcel. No contractual or other rights against the 
United States may accrue until BLM officially accepts the offer to 
purchase, and the full bid price is submitted by the 180th day 
following the sale. BLM will mail ``High Bidder Declared'' letters the 
day after the sale informing bidders whether their offer to purchase 
has been accepted or rejected by BLM. All name changes and supporting 
documentation must be received at BLM by 4:30 p.m. PST, December 3, 
2007. Otherwise, the patent will be issued to the name on the bidder 
statement completed at the sale on November 1, 2007. No name changes 
will be accepted after 4:30 p.m. PST, December 3, 2007. To change the 
name, high bidders must notify the BLM LVFO in writing and re-submit a 
new bidder statement (available at BLM) completed by the intended 
patentee.
    BLM will not sign any documents related to 1031 Exchange 
transactions. The timing for completion of the exchange is the bidder's 
responsibility in accordance with Internal Revenue Service regulations. 
BLM is not a party to any 1031 Exchange.
    Requests for BLM escrow instructions must be received by BLM prior 
to 30 days before the bidder's scheduled closing date. There are no 
exceptions.
    All sales are made in accordance with and subject to the governing 
provisions of law and applicable regulations. In accordance with 43 CFR 
2711.3-1(f), the BLM may accept or reject any or all offers to 
purchase, or withdraw any parcel of land or interest therein from sale, 
if, in the opinion of the BLM authorized officer, consummation of the 
sale would be inconsistent with any law, or for other reasons.
    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 legally capable of conveying 
lands or interests therein under the laws of the State of Nevada. 
Registered bidders must provide to BLM, on the day of the sale, proof 
of citizenship, or proof of current corporate or partnership status in 
good standing filed within the United States. Citizenship is evidenced 
by presenting a birth certificate, passport, or immigration/
naturalization papers. Failure to submit the above requested documents 
will result in denial of registration.
    If not sold, any parcel described above in this NORA may be 
identified for sale at a later date without further legal notice. 
Unsold parcels may be offered for sale in a future online Internet 
auction. Internet auction procedures will be available at http://www.auctionrp.com. If unsold on the Internet, parcels may be put up for 
sale at future oral and online Internet auctions without additional 
legal notice.
    Upon publication of this NORA and until the completion of the sale, 
the BLM is no longer accepting land use applications affecting any 
parcel identified for sale, including parcels that have been published 
in a previous NORA. However, land use applications may be considered 
after completion of the sale for parcels that are not sold through oral 
or online Internet auction procedures provided the authorization will 
not adversely affect the marketability or value of the parcel.
    In order to determine the value, through appraisal, of the parcels 
of land proposed to be sold, certain assumptions may have been made of 
the attributes and limitations of the lands and potential effects of 
local regulations and policies on potential future land uses. Through 
publication of this NORA, the Bureau of Land Management

[[Page 46658]]

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 laws, 
regulations and policies that may 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 laws, regulations, and policies of 
the applicable local government for proposed future uses. It will be 
the responsibility of the purchaser to be aware of those laws, 
regulations, and policies, and to seek any required local approvals for 
future uses. Buyers should also make themselves aware of any Federal or 
State law or regulation that may impact the future use of the property. 
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.
    The SNPLMA parcels proposed for sale were analyzed in the ``Las 
Vegas Land Disposal Boundary Environmental Impact Statement,'' approved 
December 23, 2004, which is available for public review at the BLM 
LVFO. Twenty-six parcels being offered were previously analyzed through 
EAs and approved for sale. Copies of the applicable EAs for N-78190, N-
79698, N-79699, N-80681 through N-80684SB, N-80690, N-80692, N-80719, 
N-80730 through N-80736, N-80739, N-81906 through N-81909, N-81951, N-
81969, N-81970 and N-81978 are available for review upon request at the 
BLM LVFO. The BLM LVFO sales team will assist with identifying the 
legal description corresponding to each sale parcel serial number. The 
remaining five parcels are analyzed in an EA (NV-2007-201) for this 
sale, which tiers to the EIS approved December 23, 2004. Upon 
publication of this NORA, this EA is available for public review and 
comment at the BLM LVFO. BLM will be accepting public comment on EA 
(NV-2007-201) for the 5 parcels for 45 days after publication of this 
Notice of Realty Action in the Federal Register.
    Other information concerning the sale, including the appraisals, 
reservations, sale procedures and conditions, CERCLA and other 
environmental documents will be available for review at the BLM LVFO, 
or by calling (702) 515-5000 and asking to speak to a member of the 
sales team. Most of this information will also be available on the 
Internet at: http://propertydisposal.gsa.gov.

Public Comments

    The general public and interested parties may submit written 
comments regarding the proposed sale or the specified EA (NV-2007-201) 
to the Field Manager, BLM LVFO, up to October 5, 2007. Only written 
comments submitted by postal service or overnight mail to the Field 
Manager, BLM LVFO will be considered properly filed. E-mail, facsimile 
or telephone comments will not be considered as properly filed.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

    (Authority: 43 CFR 2711.1-2)

Angie Lara,
Acting Field Manager.
 [FR Doc. E7-16438 Filed 8-20-07; 8:45 am]
BILLING CODE 4310-HC-P