[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Notices]
[Pages 78825-78827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30460]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNV056000.L58530000.EU0000; N-81965 et al.; 9-08807; TAS: 14X5232]


Notice of Realty Action: Competitive Online Auction of Public 
Lands in Clark County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Land Sale.

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SUMMARY: The Bureau of Land Management (BLM) proposes to offer 14 
parcels of public land of approximately 117.50 in the Las Vegas Valley 
by competitive online auction 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 online 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, 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 February 6, 2009.

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

FOR FURTHER INFORMATION CONTACT: Manuela Johnson at [email protected] or (702) 515-5224. For general information on 
previous BLM public land sale, refer to the following Web address: 
http://www.blm.gov/nv/st/en/snplma/Land_Auctions.html.

SUPPLEMENTARY INFORMATION: This public sale is in conformance with the 
Las Vegas Resource Management Plan (RMP), approved on Oct. 5, 1998. BLM 
has determined that the proposed action conforms to the RMP decision 
LD-1 under the authority of FLPMA.

Mount Diablo Meridian, Nevada

T. 22 S., R. 60 E.,
    sec. 13, W\1/2\NE\1/4\NW\1/4\SE\1/4\NW\1/4\, NW\1/4\NW\1/4\SE\1/
4\NW\1/4\, SW\1/4\NW\1/4\SE\1/4\NW\1/4\, SE\1/4\NE\1/4\SW\1/4\NW\1/
4\, W\1/2\NW\1/4\SW\1/4\SE\1/4\NW\1/4\, SE\1/4\SE\1/4\SW\1/4\NE\1/
4\;
    sec. 19, N\1/2\NW\1/4\NE\1/4\SE\1/4\NW\1/4\;
    sec. 30, SW\1/4\NE\1/4\NW\1/4\NE\1/4\, W\1/2\SE\1/4\NW\1/4\NE\1/
4\, S\1/2\NW\1/4\NW\1/4\NE\1/4\, SW\1/4\NW\1/4\NE\1/4\, W\1/2\SW\1/
4\NE\1/4\, SW\1/4\SE\1/4\NE\1/4\NE\1/4\, SE\1/4\SW\1/4\NE\1/4\NE\1/
4\, NE\1/4\NE\1/4\SE\1/4\NE\1/4\, W\1/2\NE\1/4\SE\1/4\NE\1/4\, NW\1/
4\SE\1/4\NE\1/4\.
T. 22 S., R. 61 E.,
    sec. 14, E\1/2\SW\1/4\NE\1/4\SW\1/4\SE\1/4\;
    sec. 30, NW\1/4\NW\1/4\NE\1/4\SE\1/4\, NW\1/4\SW\1/4\NE\1/
4\SE\1/4\, SW\1/4\NW\1/4\NE\1/4\SE\1/4\, SW\1/4\SW\1/4\NE\1/4\SE\1/
4\, NE\1/4\SE\1/4\NW\1/4\SE\1/4\, W\1/2\NE\1/4\SE\1/4\SE\1/4\, N\1/
2\NW\1/4\SE\1/4\SE\1/4\.
T. 23 S., R. 61 E.,
    sec. 9, N\1/2\SW\1/4\NW\1/4\NE\1/4\;
    sec. 20, S\1/2\NW\1/4\SE\1/4\NE\1/4\, N\1/2\SE\1/4\SE\1/4\NE\1/
4\.

    The area described contains 117.5 acres, more or less.

    Maps delineating the individual proposed sale parcels are available 
for public review at http://www.propertydisposal.gsa.gov, and at the 
Las Vegas Field Office (LVFO), which is located at the BLM Southern 
Nevada District Office. The FMV for each parcel will be available 60 
days prior to the sale date.
    The lands are being offered for sale online via the internet using 
competitive sale procedures pursuant to 43 CFR 2711.3-1. Bidding on the 
subject parcels will begin at FMV and remain open for sale for a period 
of 60 days in accordance with the competitive sale procedures. Bidders 
may go to the GSA Web site at http://www.auctionrp.com to register, 
obtain maps and get information on how to submit competitive online 
bids via the internet for the sale. A submitted online internet bid is 
a binding offer.
    At the conclusion of the auction, the highest qualified bid for any 
parcel will be declared the apparent high bidder under 43 CFR 2711.3-
1(d). The declared high bidder will have 10 days from closure of the 
online auction to submit a bid deposit of not less than 20 percent of 
the successful high bid amount. Payment must be made in the form of a 
cashiers check, certified check or U.S. postal money order, and made 
payable in U.S. dollars to ``General Services Administration.'' 
Personal or company checks will not be accepted. Failure to submit the 
20 percent bid deposit amount following the sale will result in 
cancellation of the bid. At the conclusion of the 10 days, the 
successful bidder will receive a high bidder letter from the BLM with 
detailed information for full payment. 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 paid.
    Terms and Conditions: Certain minerals for each parcel will be 
reserved in accordance with the BLM's approved Mineral Potential 
Report, dated January 22, 1999. Information pertaining to the 
reservation of minerals specific to the parcel is located in the case 
file and available for review at the LVFO. 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 will appear on the 
conveyance documents for these parcels:
    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 purposes (Blue Diamond 
Road) reserved to the Federal Highway Administration, its successors or 
assigns, by right-of-way No. Nev-012728, pursuant to the Act of August 
27, 1958 (23 U.S.C. 107 (D)) within sale parcel N-85660;
    4. All parcels are subject to valid existing rights;
    5. 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;
    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

[[Page 78826]]

judgments of any kind or nature arising from the past, present, and 
future acts or omissions of the patentee, 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 
patentee, 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 the 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 
to BLM within 30 days from receipt of the high bidder letter shall 
result in the cancellation of the bid.
    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 a parcel. 
Encumbrances of record that may appear 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 (PT), Monday through 
Friday, at the LVFO, except during federally recognized holidays.
    All parcels are 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 LVFO 
prior to 30 days before the bidder's scheduled closing date. There are 
no exceptions.
    All name changes and supporting documentation must be received at 
the LVFO 30 days from the date on the high bidder letter by 4:30 p.m. 
PST. Name changes will not be accepted after that date. To submit a 
name change, the apparent high bidder must submit the name change on 
the Certificate of Eligibility form to the LVFO in writing. Certificate 
of Eligibility forms are available at the LVFO and the BLM Web site at: 
http://www.blm.gov/nv/st/en/snplma/Land_Auctions.html.
    The remainder of the full bid price for each parcel must be paid 
prior to the expiration of the 180th day following the close of the 
online auction. Payment must be submitted in the form of a certified 
check, postal money order, bank draft or cashier's check made payable 
in U.S. dollars to the ``Department of Interior--Bureau of Land 
Management.'' Personal checks will not be accepted. Arrangements for 
electronic fund transfer to BLM for payment of the balance due must be 
made a minimum of two weeks prior to the payment date. Failure to pay 
the full bid price prior to the expiration of the 180th day will 
disqualify the apparent high bidder and cause the entire 20 percent bid 
deposit to be forfeited to the BLM. Forfeiture of the 20 percent bid 
deposit is in accordance with 43 CFR 2711.3-1(d). No exceptions will be 
made.
    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.
    Any parcels not sold by competitive sale or through an online 
auction may be identified for sale at a later date without further 
legal notice.
    On publication of this notice and until completion of the sale, 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 FMV, certain assumptions may have been 
made concerning 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

[[Page 78827]]

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 prospective uses 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.
    The proposed SNPLMA sale parcels were analyzed in the Las Vegas 
Valley Disposal Boundary Environmental Impact Statement (EIS), approved 
Dec. 23, 2004. Two parcels being offered in this sale were previously 
analyzed through EAs and approved for sale. Copies of the applicable 
EAs for N-81965 and N-81967 are available for review upon request at 
the LVFO. The remaining twelve parcels identified in this notice are 
analyzed in an EA for this sale which tiers to the EIS. On publication 
of this notice, this EA is available for public review and comment at 
the LVFO.
    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 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 2711.

    Dated: December 5, 2008.
Kimber Liebhauser,
Assistant Field Manager, Division of Lands.
 [FR Doc. E8-30460 Filed 12-22-08; 8:45 am]
BILLING CODE 4310-HC-P