[Federal Register Volume 74, Number 175 (Friday, September 11, 2009)]
[Notices]
[Pages 46790-46793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21929]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNV056000.L58530000.EU0000; N-81926 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 realty action.

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SUMMARY: Pursuant to the Southern Nevada Public Land Management Act of 
1998 (SNPLMA), Public Law 105-263, as amended, the Bureau of Land 
Management (BLM) proposes to offer 14 parcels of public land totaling 
approximately 35 acres in the Las Vegas Valley by competitive online 
auction at not less than the fair market value (FMV). 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, 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 October 26, 2009. The sale by competitive online auction, 
conducted by U.S. General Services Administration (GSA), will begin on 
November 18, 2009 and will remain open for bid for a period of 30 days.

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 sales, go to: http://www.blm.gov/nv/st/en/snplma/Land_Auctions.html. Bidders may register on the GSA Web site at 
http://www.auctionrp.com/.

[[Page 46791]]


SUPPLEMENTARY INFORMATION: The proposed SNPLMA sale parcels were 
analyzed in the Las Vegas Valley Disposal Boundary Environmental Impact 
Statement (EIS), approved December 23, 2004. One sale parcel, N-86661, 
is analyzed in EA number DOI-BLM-NV-S010-2009-0167-EA for this sale 
which tiers to the EIS. On publication of this notice, this EA is 
available for public review and comment. Thirteen parcels being offered 
in this sale were previously analyzed through EAs and approved for 
sale. Copies of the EAs for N-81926, N-81927, N-78190, N-80730, N-81930 
through N-81938 are available at the BLM Las Vegas Field Office (LVFO) 
located at the address above.
    This public sale is in conformance with the BLM Las Vegas Resource 
Management Plan (RMP), approved on October 5, 1998. The BLM has 
determined that the proposed action conforms to the RMP decision LD-1 
under the authority of the FLPMA.

Mount Diablo Meridian, Nevada,

T. 22 S., R. 60 E.,
    sec. 12, SE\1/4\SE\1/4\NE\1/4\SE\1/4\;
    sec. 14, NW\1/4\SW\1/4\NW\1/4\SW\1/4\;
    sec. 16, SE\1/4\NE\1/4\SE\1/4\SE\1/4\, SW\1/4\NE\1/4\SE\1/
4\SE\1/4\, SE\1/4\NW\1/4\SE\1/4\SE\1/4\, NE\1/4\SE\1/4\SE\1/4\SE\1/
4\, NW\1/4\SE\1/4\SE\1/4\SE\1/4\, SW\1/4\SE\1/4\SE\1/4\SE\1/4\, 
SE\1/4\SE\1/4\SE\1/4\SE\1/4\, NE\1/4\SW\1/4\SE\1/4\SE\1/4\, NW\1/
4\SW\1/4\SE\1/4\SE\1/4\, SW\1/4\SW\1/4\SE\1/4\SE\1/4\, and SE\1/
4\SW\1/4\SE\1/4\SE\1/4\.
T. 22 S., R. 61 E.,
    sec. 33, SW\1/4\NW\1/4\SW\1/4\NE\1/4\.
    The area described contains 35 acres, more or less, in Clark 
County.

    Maps delineating the individual proposed sale parcels are available 
for public review at https://www.propertydisposal.gsa.gov, and at the 
BLM Las Vegas Field Office (LVFO), which is located at the BLM Southern 
Nevada District Office (address above). 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 30 days in accordance with the competitive sale procedures.
    Bidders must register online at http://www.auctionrp.com/ and 
create a user identification and password. Registration may occur any 
time prior to the conclusion of the auction. All bidders must go to the 
GSA Web site to obtain the Certificate of Eligibility form, Bidder 
Registration form, and Bid form for Purchase of Government Property. 
Bidders must complete and mail these documents to GSA at the address 
listed on the Bidder Registration form. Bidders may also obtain maps 
and get information on how to submit competitive online bids for the 
sale. GSA will notify bidder(s) when they are allowed to bid online. 
The online auction site is updated immediately when new bids are 
received. A submitted online Internet bid is a binding offer. The date 
for receipt of final bids will be announced on the Internet at http://www.auctionrp.com.
    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 
cashier's check, certified check or U.S. postal money order, and made 
payable in U.S. dollars to ``Department of the Interior--Bureau of Land 
Management.'' Personal or company checks will not be accepted. Failure 
to submit the 20 percent bid deposit amount within the 10 days will 
result in cancellation of the bid. On receipt of the 20 percent bid 
deposit within the 10 days, the BLM will send the successful bidder(s) 
a high bidder letter with detailed information for full payment.
    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 cancellation of the sale and forfeiture of the bid deposit.
    Within 30 days of the sale, BLM will, in writing, either accept or 
reject all bids received. 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 (address 
above). 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, are 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. All parcels are subject to valid existing rights;
    4. 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;
    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 patentee, its 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, 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

[[Page 46792]]

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; or (6) 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.
    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.
    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, 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 prospective patentee's scheduled closing 
date. There are no exceptions.
    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 LVFO 30 days from the date on the high bidder letter by 4:30p.m., 
Pacific Time. 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 the 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. The BLM cannot accept the full bid price after 
the 180th day of the sale date.
    The 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. Unsold parcels may be offered for sale in future auctions 
without additional legal notice.
    On 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 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 
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.

[[Page 46793]]

    Information concerning the sale, appraisals, reservations, 
procedures and conditions, CERCLA and other environmental documents 
will be available for review at the 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 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 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 valid adverse comments, this 
realty action will become the final determination of the Department of 
the Interior.

    Authority: 43 CFR 2711.

Kimber Liebhauser,
Assistant Field Manager, Division of Lands.
[FR Doc. E9-21929 Filed 9-10-09; 8:45 am]
BILLING CODE 4310-HC-P