[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Notices]
[Pages 31034-31036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12567]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVS00560.L58530000.ES0000; N-89341; 12-08807; MO 
4500030924; TAS: 14X5232]


Notice of Realty Action: Non-Competitive Direct Sale of 
Reversionary Interest Recreation and Public Purpose Act Patent, 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 one 
parcel of public land totaling approximately 5 acres in the Las Vegas 
Valley by non-competitive direct sale to the entity. The purpose of the 
direct sale is to dispose of certain reservations, conditions, and 
limitations contained in Patent No. 27-82-0020. The authority for the 
sale is Section 203 of the Federal Land Policy and Management Act of 
1976 (FLPMA).

DATES: Interested parties may submit written comments to the BLM 
regarding the proposed sale on or before July 9, 2012.

ADDRESSES: Mail written comments to the BLM Field Manager, 4701 N. 
Torrey Pines Drive, Las Vegas, NV 89130, or email to: [email protected].

FOR FURTHER INFORMATION CONTACT: Jill Pickren, Realty Specialist, 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 located 
north of Eastern Avenue and west of Channel 10 Drive in Las Vegas, 
Nevada. The following described land was patented to The Roman Catholic 
Bishop of Reno on August 6, 1982:

Mount Diablo Meridian

T. 21 S., R. 61 E.,

    Sec. 23, lot 48.
    The area described contains 5 acres, more or less, in Clark 
County.

    This proposed non-competitive direct sale is in conformance with 
the BLM Las Vegas Resource Management Plan (RMP) and the Record of 
Decision (ROD) approved on October 5, 1998, as clarified by a Plan 
Maintenance Record (PMR-Las Vegas-2012-01) dated March 2, 2012.
    The lands are being offered for sale using direct sale procedures 
pursuant to 43 CFR 2711.3-3. This parcel of public land is proposed for 
sale at no less than the appraised fair market value (FMV) of $435,000, 
dated May 26, 2011, as determined by the authorized officer. The 
appraisal report is available for public review at the BLM Las Vegas 
Field Office (LVFO) at the address above.
    This parcel of public land may be sold under the FLPMA Section 203 
where, as a result of land use planning required under the FLPMA 
Section 202, the Secretary determines that the sale of this parcel 
meets the following disposal criteria: (1) Such tract is difficult and 
uneconomic to manage because of its location or other characteristics--
such as the subject's history of use, current level of development, and 
is not suitable for management by another Federal department or agency. 
The Roman Catholic Bishop of Las Vegas has asked to purchase the 
reversionary interest in the parcel in order to obtain a fee simple 
title for The Roman Catholic Bishop of Las Vegas to then sell the 
parcel without conditions of reversion. A Certificate of Amendment of 
the Articles of Incorporation was filed with Secretary of State of the 
State of Nevada on June 29, 1995, changing the name from The Roman 
Catholic Bishop of Reno to The Roman Catholic Bishop of Las Vegas. The 
Roman Catholic Bishop of Las Vegas requested to relinquish the parcel

[[Page 31035]]

due to maintenance, health and safety issues. The parcel requires 
continual and costly maintenance to remove brush and shrubs which 
facilitate unauthorized occupancy. The BLM does not wish to accept 
relinquishment of the parcel. The parcel is completely surrounded by 
private lands and would be difficult and uneconomic for the LVFO to 
manage. This parcel is identified as suitable for disposal in the BLM 
Las Vegas RMP and the ROD. The identified lands are not needed for any 
Federal purpose. The proposed disposal action is consistent with the 
objectives, goals, and decisions of the RMP and would be in the public 
interest. The public lands would be sold under the direct-sale method 
as described by 43 CFR 2711.3-3(a) and 43 CFR 2711.3-3(a)(2).
    Under 43 CFR 2711.3-1 (c) and (d), a deposit of not less than 20 
percent of the FMV must be submitted 30 days from the date of the sale 
offer by 4:30 p.m. Pacific Time at the LVFO. Payment must be made in 
the form of a cashier's check, certified check, U.S. postal money 
order, or bank draft, and made payable in U.S. dollars to the 
``Department of the Interior--Bureau of Land Management.'' Personal or 
company checks will not be accepted. Upon receipt of the 20 percent bid 
deposit, the BLM will send the purchaser a sale offer letter with 
detailed information for full payment. Failure to meet conditions for 
this sale will void the sale and any monies received will be forfeited.
    Pursuant to 43 CFR 2711.2, qualified conveyees 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. Failure to submit the 
above requested documents to the BLM within 30 days from receipt of the 
sale offer letter shall result in cancellation of the sale and 
forfeiture of the bid deposit.
    No contractual, or other rights against the United States, may 
accrue until the BLM officially accepts the offer to purchase and the 
full purchase price is paid.
    Upon conveyance of the reversionary interest, the identified parcel 
of public lands would no longer be subject to the reservations, 
conditions, and limitations in Patent No. 27-82-0020 (unless otherwise 
noted below). Rather, the following terms, conditions and reservations 
would apply, and will appear as reservations to the United States on 
the conveyance document for this parcel.
    (1) All minerals for the parcel will be reserved in accordance with 
43 CFR 2740.0-6 (c) and Patent No. 27-82-0020.
    (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); and
    (3) All mineral deposits in the land so patented are reserved to 
the United States, or persons authorized by the United States, along 
with the right to prospect for, mine, and remove such deposits from the 
same, as well as any necessary access or egress, under applicable law 
and regulations to be established by the Secretary of the Interior.
    In addition, the conveyance will be subject to the following terms 
and conditions:
    1. An easement 50 feet in width along the east boundary for road 
and public utilities purposes to ensure continued ingress and egress to 
adjacent lands;
    2. An easement 30 feet in width along the west boundary for road 
and public utilities purposes to ensure continued ingress and egress to 
adjacent lands;
    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 plan; and
    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, 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) releases or 
threatened releases on, into or under land, property and other 
interests of the United States of solid or hazardous wastes and/or 
hazardous substances, 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.
    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 the BLM officially accepts the offer to purchase, and the full 
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 sale offer letter by 4:30 p.m., 
Pacific Time. Name changes will not be accepted after that date. To 
submit a name change, the purchaser must complete a Certificate of 
Eligibility in writing and submit it to the LVFO. Certificates of 
Eligibility 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 price for the parcel must be paid prior 
to the expiration of the 180th day following the BLM's acceptance of 
the 20 percent deposit. 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 the 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

[[Page 31036]]

the expiration of the 180th day will disqualify the purchaser and cause 
the entire 20 percent deposit to be forfeited to the BLM. Forfeiture of 
the 20 percent deposit is in accordance with 43 CFR 2711.3-1(d). No 
exceptions will be made. The BLM cannot accept the full 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 Service's 
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.
    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 buyer to be aware through due diligence of those 
laws, regulations, and policies, and to seek any required local 
approvals for future uses. The buyer 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.
    A map delineating the individual proposed sale parcel is available 
for public review at the LVFO, which is located at the address above. 
The FMV for the sale parcel will be available for review 60 days prior 
to the sale date. Information concerning the sale, appraisal, 
reservations, procedures and conditions, Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), and other 
environmental documents will be available for review at the LVFO, or by 
calling 702-515-5194 and asking to speak to Jill Pickren, Realty 
Specialist. You may contact the LVFO from 7:30 a.m. to 4:30 p.m., 
Monday through Friday (except Federal holidays).
    Only written comments will be considered properly filed.
    Before including your address, phone number, email 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 2711.1-2(d).

Vanessa L. Hice,
Assistant Field Manager, Division of Lands.
[FR Doc. 2012-12567 Filed 5-23-12; 8:45 am]
BILLING CODE 4310-HC-P