[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Notices]
[Pages 18578-18581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7871]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVS00560 L58530000 EU0000 241A; N-89137; 11-08807; MO 
4500019774; 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 of realty action.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Southern Nevada Public Land Management Act of 
1998 (SNPLMA), as amended, the Bureau of Land Management (BLM) proposes 
to offer one parcel of public land totaling approximately 5 acres in 
the Las Vegas Valley by competitive sealed bid sale at not less than 
the appraised fair market value (FMV). The sale will be subject to the 
applicable provisions of Sections 203 and 209 of the Federal Land 
Policy and Management Act of 1976 (FLPMA). If not sold, the parcel 
described in this Notice may be identified for sale at a later date 
without further legal notice.

DATES: Interested parties may submit written comments regarding the 
proposed sale of public land and the Competitive Sealed Bid Sale, June 
1, 2011 Environmental Assessment (EA) until May 19, 2011. The FMV for 
the parcel will be available on April 1, 2011, which is 60 days prior 
to the sale date.
    Sealed bids may be mailed or delivered to the BLM Las Vegas Field

[[Page 18579]]

Office beginning May 2, 2011, and must be received no later than 4:30 
p.m. Pacific Time, May 25, 2011, in accordance with the competitive 
sealed bid procedures. The bid opening for the proposed competitive 
sealed bid sale, if approved, will be conducted by the BLM on June 1, 
2011 at 10 a.m. Pacific Time at the BLM Las Vegas Field Office at the 
address listed below.

ADDRESSES: Mail written comments to the BLM Las Vegas Field Office 
Manager, 4701 N. Torrey Pines Drive, Las Vegas, Nevada 89130, or by e-
mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Jill Pickren at [email protected] 
or telephone: (702) 515-5194. For general information on previous BLM 
public land sales, go to: http://www.blm.gov/nv/st/en/snplma/Land_Auctions.html.

SUPPLEMENTARY INFORMATION: The parcel proposed for sale is located in 
the south central Las Vegas Valley at Executive Airport Drive and Via 
Inspirada in Henderson, Nevada. The proposed parcel of public land is 
described as:

Mount Diablo Meridian

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


    The area described contains 5 acres, more or less, in Clark County.
    The map delineating the proposed sale parcel is available for 
public review at the BLM Las Vegas Field Office at the address listed 
above.
    The proposed SNPLMA sale parcel was analyzed in the Las Vegas 
Valley Disposal Boundary Environmental Impact Statement (EIS), approved 
by Record of Decision on December 23, 2004. The sale parcel, N-89137, 
was analyzed in EA number DOI-BLM-NV-S010-2011-0194-EA, which tiers to 
the EIS. On publication of this notice, the EA is available at the BLM 
Las Vegas Field Office at the address listed above for public review 
and comment.
    This proposed public sale is in conformance with the BLM Las Vegas 
Resource Management Plan (RMP), approved by Record of Decision on 
October 5, 1998. The BLM has determined that the proposed action 
conforms to the RMP decision LD-1 under the authority of FLPMA.
    The land is being offered using competitive sealed bid sale 
procedures pursuant to 43 CFR 2711.3-1.
    The parcel is subject to limitations prescribed by law and 
regulation, and prior to patent issuance, a holder of any right-of-way 
within the parcel may be given the opportunity to amend the right-of-
way for conversion to a new term, including perpetuity, if applicable, 
or an easement.
    Sealed bids must be presented for the sale parcel. Sealed bid 
envelopes must be marked on the lower front left corner with the BLM 
Serial Number for the parcel (N-89137) and the proposed sale date of 
June 1, 2011. Bids must be for not less than the Federally approved 
FMV.
    Each sealed bid shall be accompanied by 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'' 
for not less than 20 percent of the amount bid. Personal or company 
checks will not be accepted. The sealed bid envelope shall also include 
a completed and signed Certificate of Eligibility. Certificate of 
Eligibility forms are available at the BLM Las Vegas Field Office at 
the address listed above and the BLM Web site at: http://www.blm.gov/nv/st/en/snplma/Land_Auctions.html.
    Following the end of the sale, all bid deposits will be returned to 
the unsuccessful bidders, if present, or will be returned by certified 
mail via postal service. If a bidder purchases the parcel and defaults 
on the parcel, the BLM may retain the bid deposit and cancel the sale. 
If the high bidder is unable to consummate the transaction for any 
other reasons, the second highest bid may be considered for award. 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. United States 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, the BLM will, in writing, either accept 
or reject all bids received. No contractual, or other rights against 
the United States, may accrue until the BLM officially accepts the 
offer to purchase and the full bid price is paid.
    Terms and Conditions: Certain minerals for the 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 is available for public review at the BLM Las Vegas Field 
Office at the address listed above.
    The patent, when issued for sale parcel N-89137, will contain a 
mineral reservation to the United States for oil and gas and all 
saleable mineral deposits. An offer to purchase the parcel will 
constitute an application for mineral conveyance of the ``no known 
value'' mineral interests. In conjunction with the final payment, the 
applicant 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 document for this parcel:
    1. Oil, gas, and all saleable mineral deposits on the lands in 
Clark County, if any, are reserved to the United States, in accordance 
with the 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. The parcel is subject to valid existing rights;
    4. The parcel is 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: (a) Violations of Federal,

[[Page 18580]]

State, and local laws and regulations applicable to the real property; 
(b) Judgments, claims or demands of any kind assessed against the 
United States; (c) Costs, expenses, damages of any kind incurred by the 
United States; (d) 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; (e) 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 (f) 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 described land has been examined and no evidence was found to 
indicate that any hazardous substances have been stored for 1 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, the parcel 
is subject to the requirements of Section 120(h) of the CERCLA.
    The parcel 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 
parcel. Encumbrances of record that may appear in the BLM public files 
for the parcel 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 Federal holidays.
    The 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. In accordance with Federal regulations at 43 CFR 
2807.15, once notified, each valid holder may 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 BLM 
Las Vegas Field Office 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 the 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 BLM Las Vegas Field Office 30 days from the date on the high-bidder 
letter by 4:30 p.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 in writing on the Certificate of Eligibility 
form to the BLM Las Vegas Field Office.
    The remainder of the full bid price for the parcel must be paid 
prior to the expiration of the 180th day following the close of the 
sale. 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 or company checks will not be accepted.
    Arrangements for electronic fund transfer to BLM for payment of the 
balance due must be made a minimum of 2 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 remainder of the 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 an exchange is the bidder's 
responsibility in accordance with Internal Revenue Service regulations. 
The 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.
    The parcel, if not sold by competitive sealed bid sale, may be 
identified for sale at a later date without further legal notice.
    On publication of this notice and until completion of the sale, the 
BLM is no longer accepting land use applications affecting the parcel 
identified for sale. However, land use applications may be considered 
after the sale if the parcel is 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.
    Information concerning the sale, appraisals, reservations, 
procedures and conditions, CERCLA and other environmental documents are 
available for review at the BLM Las Vegas Field Office at the address 
listed above.
    Only written comments will be considered properly filed.

[[Page 18581]]

    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.

Beth Ransel,
Acting Assistant Field Manager, Division of Lands.


    Authority: 43 CFR 2711.

[FR Doc. 2011-7871 Filed 4-1-11; 8:45 am]
BILLING CODE 4310-HC-P