[Federal Register Volume 73, Number 44 (Wednesday, March 5, 2008)]
[Notices]
[Pages 11950-11953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4208]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-056-5853-EU; N-79534 et al.; 8-08807; TAS: 14X5232]


Notice of Realty Action: Competitive Sealed Bid Sale of Public 
Lands in Clark County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Land Management (BLM) proposes to offer 15 
parcels of public land of approximately 143.24 acres in the Las Vegas 
Valley by competitive sealed bid sale procedures at not less than the 
fair market value (FMV). The sale will be conducted pursuant to the 
Southern Nevada Public Land Management Act of 1998 (SNPLMA), Public Law 
105-263, 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 2710 and 2720.

DATES: Interested parties may submit written comments regarding the 
proposed sale of public lands and the environmental assessment (EA) 
until April 21, 2008. BLM will accept sealed bids for the offered 
parcels from qualified bidders until June 12, 2008, at 4:30 p.m., 
Pacific Time, at the address of the Las Vegas Field Office listed 
below. Sealed bids will be opened at a scheduled bid opening at the Las 
Vegas Field Office on June 17, 2008, at 10 a.m., Pacific Time.

ADDRESSES: Mail written comments to the BLM Field Manager, Las Vegas 
Field Office, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130.

FOR FURTHER INFORMATION CONTACT: Brenda Wilhight, by e-mail at [email protected] or at (702) 515-5172. For general information on 
BLM public land sale procedures, refer to the following Web address: 
http://www.blm.gov/nv/st/en/fo/lvfo/snplma/Land_Auctions.html.

SUPPLEMENTARY INFORMATION: This public sale is in conformance with the 
Las Vegas Resource Management Plan (RMP), approved on October 5, 1998. 
BLM has determined that the proposed action conforms to the RMP 
decision LD-1 under the authority of FLPMA.
    The public lands will be offered for competitive sale by sealed bid 
process at not less than the appraised FMV for each parcel and offered 
under the terms and conditions of this notice.

Mount Diablo Meridian, Nevada

T. 22 S. R. 60 E.
    Sec. 19, Lot 69, N\1/2\SW\1/4\SE\1/4\NE\1/4\, S\1/2\SW\1/4\NE\1/
4\NW\1/4\.
    Sec. 22, S\1/2\NW\1/4\SE\1/4\SW\1/4\NE\1/4\, S\1/2\NE\1/4\SW\1/
4\SW\1/4\NE\1/4\.
T. 22 S., R. 61 E.
    Sec. 30, SW\1/4\NE\1/4\SW\1/4\NE\1/4\, SE\1/4\NW\1/4\SW\1/
4\NE\1/4\, W\1/2\NW\1/4\SE\1/4\SW\1/4\NE\1/4\, NE\1/4\SW\1/4\SW\1/
4\NE\1/4\, E\1/2\NW\1/4\SW\1/4\SW\1/4\NE\1/4\, E\1/2\SW\1/4\SW\1/
4\SW\1/4\NE\1/4\, E\1/2\SE\1/4\SW\1/4\SW\1/4\NE\1/4\, E\1/2\NE\1/
4\NE\1/4\NE\1/4\NE\1/4\.

    Containing approximately 27.50 acres, more or less.

    The total acreage for this sale is 143.24 acres. Of that acreage 
115.74 acres were offered in previous sales. Their legal descriptions 
are not included in this notice of realty action.
    Parcels N-79534, N-79544, N-79545, N-79546, N-79548, N-79550, N-
79551, N-81979, and N-84196, consisting of a total of 103.24 acres, 
more or less, are being offered as an assemblage. Prospective bidders 
who wish to bid on these parcels as one, may do so by sealed bid. The 
bidding process for the entire 103.24 acres begins at the consolidated 
FMV of the nine (9) parcels. If there are no sealed bids received by 
the close of business on June 12, 2008, these parcels will be offered 
as individual parcels at the bid opening on June 17, 2008 by 
supplemental sealed bid process.
    Maps delineating the individual proposed sale parcels and the 
current appraised values for each parcel are available for public 
review at the Las Vegas Field Office, and at https://www.propertydisposal.gsa.gov.
    The land is being offered for sale using the competitive sealed bid 
procedures conducted pursuant to 43 CFR 2711.3-1. Interested bidders 
must submit sealed bids to the Las Vegas Field Office, 4701 N. Torrey 
Pines Drive, Las Vegas, NV 89130, not later than June 12, 2008, 4:30 
p.m., Pacific Time.
    Sealed bids must contain 20 percent of the total amount of the bid. 
Each bid must be accompanied by a certified

[[Page 11951]]

check, postal money order, bank draft, or cashier's check made payable 
to the Bureau of Land Management for an amount not less than 20 percent 
of the total amount of the bid. Personal checks will not be accepted. 
Sealed bid envelopes must be clearly marked on the front lower left 
corner with ``SEALED BID BLM LAND SALE, JUNE 17, 2008'', and ``BLM 
SERIAL NUMBER N-----'' for each sale parcel. Bids must be for not less 
than the FMV and a separate bid must be submitted for each parcel. The 
bid envelope must contain the completed BLM Form, Certificate of 
Eligibility, stating the name, mailing address, and phone number of the 
entity/person making the bid.
    Sealed bids will be opened and recorded to determine the high 
bidders on June 17, 2008, 10 a.m., Pacific Time at the Las Vegas Field 
Office. The highest qualifying bidder for each parcel will be declared 
the high bidder and the high bidder will receive written notice. 
Bidders submitting matching high bid amounts for the parcels will be 
provided an opportunity to submit a supplemental sealed bid. Following 
the sealed bid opening, all funds submitted with sealed bids will be 
returned to the unsuccessful bidders upon presentation of photo 
identification at the designated area.
    The FMV will be made available 60 days prior to the sealed bid 
closing date at the Las Vegas Field Office.
    The successful high bidder will be allowed 180 days from the date 
of the sale, December 15, 2008, to submit the remainder of the full bid 
price in the form of a certified check, money order, bank draft, or 
cashier's check made payable to the Bureau of Land Management. Personal 
checks will not be accepted. Failure to submit the full bid price prior 
to the expiration of the 180th day following the sale date will result 
in the forfeiture of the bid deposit to the BLM, and the parcel will be 
offered to the second highest qualifying bidder at their original bid. 
If there are no acceptable bids, the parcel may remain available for 
sale on a continuing basis in accordance with the competitive sale 
procedures described in 43 CFR 2711.3-1 without further legal notice.
    Terms and Conditions: Certain minerals will be reserved in 
accordance with the BLM approved Mineral Potential Report, dated 
January 22, 1999. An offer to purchase these parcels will constitute an 
application for mineral conveyance of the ``no known value'' mineral 
interests. In conjunction with the final payment, an applicant for ``no 
known value'' mineral interests will 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.
    The following numbered terms and conditions would appear on the 
conveyance documents for these parcels, as follows:
    1. Discretionary leasable and saleable mineral deposits on the 
lands in Clark County, if any, reserved to the United States, in 
accordance with the above referenced Mineral Potential Report. 
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. A right-of-way for federal aid highway (Blue Diamond Road) 
purposes reserved to the Federal Highway Administration, its successors 
and assigns, by right-of-way No. Nev-012728, pursuant to the Act of 
August 27, 1958 (23 U.S.C. 107(D)) within sale parcels N-84290 and N-
84292;
    4. All parcels are subject to valid existing rights;
    5. All parcels are subject to reservations for roads, public 
utilities and flood control purposes in accordance with the local 
governing entities' transportation plans;
    6. By accepting this patent, the patentee 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, its 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, its employees, agents, 
contractors, or lessees, or third party arising out of or in connection 
with the use and/or occupancy of the patented real property resulting 
in: (1) Violations of Federal, state, and local laws and regulations 
applicable to the real property; (2) Judgments, claims or demands of 
any kind assessed against the United States; (3) Costs, expenses, 
damages of any kind incurred by the United States; (4) Other releases 
or threatened releases on, into or under land, property and other 
interests of the United States by solid or hazardous waste(s) and/or 
hazardous substances(s), as defined by Federal or state environmental 
laws; (5) Other activities by which solid or hazardous substances or 
wastes, as defined by Federal and state environmental laws were 
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; (6) Or natural resource damages as defined by 
Federal and state law. This covenant shall be construed as running with 
the patented real property, and may be enforced by the United States in 
a court of competent jurisdiction; and
    7. 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.
    No warranty of any kind, express or implied, is given 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.
    Federal law requires that bidders must be (1) United States 
citizens 18 years of age or older; (2) a corporation subject to the 
laws of any State or of the United States; (3) an entity including, but 
not limited to associations or partnerships capable of acquiring and 
owning real property, or interests therein, under the laws of the State 
of Nevada; or (4) a State, State instrumentality, or political 
subdivision authorized to hold real property. U.S. citizenship is 
evidenced by presenting a birth certificate, passport, or 
naturalization papers. Failure to submit the above requested documents 
by July 17, 2008 shall result in the cancellation of the sale and 
forfeiture of the bid deposit.
    Furthermore, the parcels may be subject to land use applications 
received prior to publication of this Notice if processing the 
application would have

[[Page 11952]]

no adverse effect on the marketability of title, or the FMV of a 
parcel. Encumbrances of records, 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., Pacific Time, Monday through Friday, at 
the Las Vegas Field Office, except during federally recognized 
holidays. Subject to limitations prescribed by law and regulation, and 
prior to patent issuance, a holder of any right-of-way within the 
parcels may be given the opportunity to amend the right-of-way for 
conversion to a new term, including perpetuity, if applicable, or to an 
easement.
    BLM will notify valid existing right-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.
    Unless other satisfactory arrangements are approved in advance by a 
BLM authorized officer, conveyance of title shall be through the use of 
escrow. Designation of the escrow agent shall be through mutual 
agreement between the BLM and the prospective patentee, and costs of 
escrow shall be borne by the prospective patentee.
    Requests for all escrow instructions must be received by the Las 
Vegas Field Office prior to 30 days before the bidder's scheduled 
closing date. There are no exceptions.
    Within 30 days of the sale, BLM will in writing, either accept or 
reject all bids received. Pursuant to 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. All name changes and supporting 
documentation must be received at the Las Vegas Field Office by July 
17, 2008, 4:30 p.m., Pacific Time. Otherwise, the patent will be issued 
to the name(s) on the bidder statement that's completed and submitted 
on June 17, 2008. No name changes will be accepted after July 17, 2008, 
4:30 p.m., Pacific Time. To change the name on the bidder statement, 
high bidders must notify the Las Vegas Field Office in writing, and 
submit a new bidder statement, which is available at the Las Vegas 
Field Office or in the sale brochure, and be completed by the intended 
patentee(s).
    The remainder of the full bid price for each parcel must be paid 
prior to the expiration of the 180th day following the competitive sale 
date, which is December 15, 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 Department of Interior--Bureau of Land 
Management. Personal checks will not be accepted. Arrangements for 
electronic fund transfer to BLM for the payment balance due on or 
before December 15, 2008, shall be made a minimum of two weeks prior to 
the date you wish to make payment. Failure to pay the full bid price 
prior to the expiration of the 180th day following the sale date 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 bid price after the 180th day of the 
sale date.
    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 Services 
regulations. BLM is not a party to any 1031 Exchange.
    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 a BLM authorized 
officer, consummation of the sale would be inconsistent with any law, 
or for other reasons.
    If not sold, any parcels described above in this notice may be 
identified for sale at a later date without further legal notice. 
Unsold parcels may be offered for sale in a future Internet auction. 
Internet auction procedures will be available at http://www.auctionrp.com. If unsold on the Internet, parcels may be offered 
for sale at future oral and Internet auctions without additional legal 
notice.
    Upon publication of this notice and until completion of the sale, 
the BLM is no longer accepting land use applications affecting the 
parcels identified for sale. However, land use applications may be 
considered after completion of the sale for parcels that are not sold.
    In order to determine the FWV 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 notice the BLM advises 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 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 through due diligence 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.
    SNPLMA parcels proposed for sale were analyzed in the ``Las Vegas 
Land Disposal Boundary Environmental Impact Statement,'' approved 
December 23, 2004 (EIS), which is available for public review at the 
Las Vegas Field Office. Ten parcels being offered in this sale were 
previously analyzed through EAs and approved for sale. Copies of the 
applicable EAs for N-79534, N-79544 through N-79546, N-79548, N-79550 
through N-79551, N-81979, N-81988 and N-84196 are available for review 
upon request at the Las Vegas Field Office. The remaining five parcels 
identified in this notice are analyzed in an EA for this sale which 
tiers to the EIS. Upon publication of this notice, this EA is available 
for public review and comment at the Las Vegas Field Office. BLM will 
be accepting public comments on the EA for the five parcels for 45 days 
after publication in the Federal Register.
    Information concerning the sale, appraisals, reservations, 
procedures and conditions, CERCLA and other environmental documents 
will be available for review at the Las Vegas Field Office, 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 https://www.propertydisposal.gsa.gov.
    Only written comments submitted by postal service or overnight mail 
will be considered properly filed. Electronic 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

[[Page 11953]]

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.
    Any adverse comments regarding the proposed sale will be reviewed 
by the BLM Nevada State Director, who may sustain, vacate, or modify 
this realty action. In the absence of any adverse comments, this realty 
action will become the final determination of the Department of the 
Interior.

(Authority: 43 CFR part 2711)

Mark R. Chatterton,
Associate Field Manager.
[FR Doc. E8-4208 Filed 3-4-08; 8:45 am]
BILLING CODE 4310-HC-P