[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Notices]
[Pages 56793-56795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23486]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVS00560 L58530000 EU0000 241A; N-85660, N-89137; 11-08807; 
MO4500022283; 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.

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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 one parcel of public land totaling 
approximately 1.25 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) 
and applicable BLM land sale and mineral conveyance regulations. The 
proposed sale also includes one 5-acre parcel in Clark County that was 
offered at a previous sale, but received no bids. If not sold, any 
parcel described above 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 until October 31, 2011. The FMV for the 
parcel will be available by October 14, which is 60 days prior to the 
sale date.
    Sealed bids may be mailed or delivered to the BLM Las Vegas Field 
Office beginning November 9, 2011, and must be received by the BLM no 
later than 4:30 p.m. Pacific Time, December 9, 2011. The bid opening 
for the proposed competitive sealed bid sale, if approved, will be 
conducted by the BLM on December 14, 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 to: [email protected].

FOR FURTHER INFORMATION CONTACT: Jill Pickren at e-mail: [email protected] or telephone: (702) 515-5194. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 to contact the above 
individual during normal business hours. The FIRS is available 24 hours 
a day, 7 days a week, to leave a message or question with the above 
individual. You will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION: The parcel proposed for sale is bisected by 
the Blue Diamond Road (Highway 160) and is west of Grand Canyon Drive. 
The proposed parcel of public land is described as:

Mount Diablo Meridian

T. 22 S., R. 60 E.,
    Sec. 19, N\1/2\NW\1/4\NE\1/4\SE\1/4\NW\1/4\.

    The area described contains 1.25 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 sale parcel is analyzed in the Las Vegas Valley 
Disposal Boundary Environmental Impact Statement (EIS), and approved by 
Record of Decision on December 23, 2004. The proposed sale parcel, N-
85660, is additionally analyzed in Environmental Assessment number DOI-
BLM-NV-S010-2008-0479-EA, which tiers to the EIS. The Decision Record 
and Finding of No Significant Impact were signed on March 2, 2009. No 
comments were received.
    The 5-acre parcel offered in a previous sale is identified as N-
89137. This parcel will be reoffered for sale at the FMV of $1,056,000 
under the terms and conditions of this Notice of Realty Action.
    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.
    Sealed bids must be presented for the sale. Sealed-bid envelopes 
must be marked on the lower front left corner depicting the sale parcel 
serial number (N-85660) and the proposed sale date of December 14, 
2011. Bids must be for not less than the federally approved FMV.
    Each sealed bid shall be accompanied by a certified check, U.S. 
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'' for not less than 20

[[Page 56794]]

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 on the BLM Web site at: http://www.blm.gov/nv/st/en/snplma/Land_Auctions.html. Pursuant to 43 CFR 2711.3-1(c), if two or more sealed-
bid envelopes containing valid bids of the same amount are received, 
the determination of the highest bid shall be by supplemental biddings. 
Supplemental bidding may be oral or sealed bids as designated by the 
authorized officer. Following the end of the sale, all bid deposits 
will be returned to the unsuccessful bidders in person or by certified 
mail. 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. The BLM will send the successful 
bidder(s) a 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.
    The patent, when issued for sale parcel N-85660, 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 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. 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.
    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 dated January 22, 1999. 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: (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; 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 described lands have 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.
    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

[[Page 56795]]

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, U.S. 
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.
    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. 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 federally recognized holidays.
    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.
    Only written comments will be considered 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 2711.1-2.

Vanessa Hice,
Acting Assistant Field Manager, Division of Lands.
[FR Doc. 2011-23486 Filed 9-13-11; 8:45 am]
BILLING CODE 4310-HC-P