[Federal Register Volume 73, Number 61 (Friday, March 28, 2008)]
[Notices]
[Pages 16707-16710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6353]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-056-5853-EU; N-66686 and N-84735; 8-08807; TAS: 14X5232]


Notice of Realty Action: Modified 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 by 
modified competitive sealed bid sale three parcels of land totaling 
approximately 20 acres in the Las Vegas Valley at not less than the 
fair market value (FMV). The three parcels will be offered in two sales 
to 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 sales 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: Written comments regarding the proposed sale or the 
environmental assessment (EA) will be accepted until May 12, 2008. The 
FMV will be made available prior to the sealed bid closing date. BLM 
will accept sealed bids for the offered parcels until May 28, 2008, at 
4:30 p.m., Pacific Time, at the Las Vegas Field Office. Sealed bids 
will be opened at the Las Vegas Field Office on May 29, 2008, at 10 
a.m., Pacific Time.

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

FOR FURTHER INFORMATION CONTACT: Brenda Wilhight, e-mail: [email protected] or phone: (702) 515-5172.

SUPPLEMENTARY INFORMATION: The following described lands are located in 
southwest Las Vegas, Nevada and are legally described as:

Case file: N-66686
Mount Diablo Meridian, Nevada
T. 22 S., R. 60 E.,
    Sec. 23, SE\1/4\SE\1/4\NW\1/4\NW\1/4\, N\1/2\NE\1/4\SW\1/4\NW\1/
4\, N\1/2\NE\1/4\NW\1/4\SE\1/4\NW\1/4\, N\1/2\NW\1/4\NW\1/4\SE\1/
4\NW\1/4\.

    The above described lands contain 10 acres, more or less.

Case file: N-84735
Mount Diablo Meridian, Nevada
T. 23 S., R. 61 E.,
    Sec. 9, N\1/2\NE\1/4\SE\1/4\NW\1/4\, S\1/2\SE\1/4\SE\1/4\NW\1/
4\.

    The above described lands in two parcels contain 10 acres, more 
or less.

    The sales are 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 land use plan decision, LD-1, in the 
RMP.
    The use of the modified competitive sale method is consistent with 
43 CFR 2711.3-2(a)(1)(i). Public lands may be offered for sale 
utilizing modified competitive bidding procedures when the authorized 
officer determines it is necessary in order to assure equitable 
distribution of land among purchasers or to recognize equitable 
considerations or public policies. Modified competitive bidding 
includes, but is not limited to offering 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. Factors to be 
considered in determining when modified competitive bidding procedures 
shall be used include but are not limited to the needs of State and/or 
local government, adjoining landowners, historical users, and other 
needs for the tract. A description of the method of modified 
competitive bidding to be used and a statement indicating the purpose 
or objective of the bidding procedure selected is specified in this 
notice.
    To participate in either modified competitive sale each bidder, 
including the designated bidders, must submit a $20,000 bid guarantee 
deposited by a

[[Page 16708]]

certified check, postal money order, bank draft, or cashier's check 
made payable to the Bureau of Land Management. Sealed bids for each 
sale in an amount not less than 20 percent of the total amount must 
also be accompanied by a certified check, postal money order, bank 
draft, or cashier's check made payable to the Bureau of Land 
Management. The bid guarantee and sealed bid amounts may be submitted 
in one form of deposit, but must be specified. 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, May 29, 2008'', and 
the identification number of the parcel ``BLM SERIAL NUMBER N-66686'' 
or ``BLM SERIAL NUMBER N-84735.'' The bid envelope must also 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 
bidder on May 29, 2008, 10 a.m., Pacific Time at the Las Vegas Field 
Office. The highest qualifying bidder among the qualified bids received 
for each sale will be declared. Each modified competitive sale allows 
the designated bidder the right to meet the high bid.
    For parcel N-66686, Clark County supports a request by the Brasher 
Group, which is owned by Donald E. Brasher, for a modified competitive 
sale. Mr. Brasher, under the corporate names Tootalou I LLC, Tootalou 
II LLC, and Mountain Blue III LLC, owns the abutting properties on the 
north, east, and west boundaries of the parcel. The parcel provides 
frontage to Blue Diamond Highway. This frontage is necessary to Mr. 
Brasher's development of his private lands. In consideration of the 
adjoining landowner and historical uses of the parcel, the authorized 
officer has determined Mr. Brasher as the designated bidder for this 
parcel.
    For N-84735, the City of Henderson supports a request by Marnell 
Properties LLC for a modified competitive sale. The sale parcels are 
bordered on the north, west, and south side by land owned by Mr. 
Anthony A. Marnell, III. Mr. Marnell and the City have developed an 
agreement that provides long-term public benefits to the City and local 
residents. Through collaboration and partnership with the City of 
Henderson, Marnell Properties LLC agrees to provide off-site utility 
and roadway improvements, including major roadway improvements, fire 
station, public parking garage, convention center, and a public park. 
Marnell Properties LLC will construct the Haven/Bowes connector road 
and adjoining Pittman North detention basin. In consideration of the 
adjoining landowner, the historical uses of the parcel, and the local 
government, the authorized officer has determined Mr. Marnell as the 
designated bidder for this parcel.
    The designated bidders or their authorized representative must be 
present at the bid opening on May 29, 2008, at 10 a.m., Pacific Time. 
Should the designated bidders appoint a representative for this sale, 
they must submit in writing a notarized document identifying the level 
of capacity given to their designated representative. This document 
must be signed by both parties. The designated bidder or their 
authorized representative will have the opportunity to meet and accept 
the high bid as the purchase price of each parcel or to refuse that 
offer. Should the designated bidders or their authorized representative 
refuse the offer, the high bid received through sealed bid will be 
declared the successful bid in accordance with regulations at 43 CFR 
2711.3-2(c). Acceptance or rejection of any offer to purchase will be 
in accordance with the procedures set forth in 43 CFR 2711.3-1(f) and 
(g) of this subpart.
    All funds submitted with sealed bids will be returned to the 
unsuccessful bidders upon presentation of photo identification at the 
designated area. Each successful bidder may elect a refund of or to 
apply the $20,000 bid guarantee in addition to the required 20 percent 
bid deposit toward the purchase price. Failure to submit the bid 
deposit following a successful bid will result in forfeiture of the bid 
guarantee under 43 CFR 2711.3-1(d).
    The successful bidder will be allowed 180 days from the date of the 
sale, November 25, 2008, to submit the remainder of the full bid price 
declared in the form of a certified check, postal money order, bank 
draft, or cashier's check made payable to the 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 November 25, 2008, shall be made a minimum of two weeks prior to 
the payment date. 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 20 percent bid deposit to the BLM in accordance with 
43 CFR 2711.3-1(d). No exceptions will be made. 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. Unsold 
parcels may be offered for sale in a future internet auction. Internet 
auction procedures are available at http://www.auctionrp.com. If unsold 
on the Internet, parcels may be offered for sale in the future without 
additional legal notice.
    Terms and Conditions: Certain minerals will be reserved to the 
United States in accordance with BLM approved Mineral Potential Report, 
dated January 22, 1999. Information pertaining to the reservation of 
minerals specific to the parcels is located in the case files. 
Acceptance of the offers to purchase these parcels will constitute an 
application for conveyance of unreserved mineral interests. These 
unreserved mineral interests have been determined to have no known 
mineral value pursuant to 43 CFR 2720.0-6 and 2720.2(a). In conjunction 
with the final payment, the applicant for these ``no known value'' 
mineral interests will be required to pay a $50 non-refundable filing 
fee for processing the conveyance of these mineral interests which will 
be sold simultaneously with the surface interests.
    The conveyances issued would contain the following numbered 
reservations, covenants, terms, and conditions:
    1. Discretionary leasable and saleable mineral deposits on the 
lands, if any, reserved to the United States, its permittees, 
licensees, and lessees together with the right to prospect for, mine, 
and remove such minerals 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) [within sale parcel N-66686];
    4. The parcels are subject to valid existing rights;
    5. 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

[[Page 16709]]

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 substance(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
    6. 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 roads, public utilities 
and flood control purposes 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 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 these parcels will not be 
on a contingency basis.
    The parcels may be subject to land use applications received prior 
to publication of this notice if processing the application would have 
no adverse effect on the marketability of title, or the FMV of the 
parcels. Encumbrances of record, appearing in the case files for the 
parcels offered 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.
    On publication of this notice and until completion of the sale, the 
BLM is no longer accepting land use applications affecting the 
identified land, except applications for the amendment of previously 
filed right-of-way applications or existing authorizations to increase 
the term of the grant in accordance with 43 CFR 2807.15 and 2886.15. 
Land use applications may be considered after completion of the sale 
for these parcels if the parcels are not sold.
    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.
    Federal law requires that bidders must be: (a) A citizen of the 
United States 18 years of age or over; (b) a corporation subject to the 
laws of any State or of the United States; (c) a State, State 
instrumentality or political subdivision authorized to hold real 
property; and (d) an entity legally capable of conveying and holding 
lands or interests therein, under the laws of the State within which 
the lands to be conveyed are located. Where applicable, the entity 
shall also meet the requirements of paragraphs (a) and (b) of this 
section. U.S. citizenship is evidenced by presenting a birth 
certificate, passport, or naturalization papers. Failure to submit the 
above requested documents by June 30, 2008, shall result in the 
cancellation of the sale.
    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 June 
30, 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 
by May 29, 2008. 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.
    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.
    In order to determine the FMV, certain 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 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 review at the Las Vegas 
Field Office.

[[Page 16710]]

These parcels identified in this notice are analyzed in an EA for the 
sale which tiers to the EIS.
    Information concerning the sale, appraisals, reservations, sale 
procedures and conditions, CERCLA, maps delineating the individual sale 
parcels, the FMV of each parcel, mineral potential report, EA, 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.
    Public Comments: The parcels of land will not be offered for sale 
prior to the 60-day publication of this notice. For a period until May 
12, 2008, interested parties may submit written comments to the Las 
Vegas Field Office. Only written comments submitted by postal service 
or overnight mail will be considered as 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 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)

Angie Lara,
Las Vegas Field Office Manager.
 [FR Doc. E8-6353 Filed 3-27-08; 8:45 am]
BILLING CODE 4310-HC-P