[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Notices]
[Pages 67021-67023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27297]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVS00560 L58530000 EU0000 241A; N-81988; 12-08807; MO 
4500036691; TAS: 14X5232]


Notice of Realty Action: Competitive Sealed-Bid Sale of Public 
Land in 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 by 
competitive sealed-bid sale, one parcel of public land totaling 
approximately 12.5 acres in the Las Vegas Valley at not less than the 
appraised fair market value (FMV) of $520,000. The parcel will be 
offered pursuant to the Southern Nevada Public Land Management Act of 
1998 (SNPLMA), Public Law 105-263, as amended. The sale will be subject 
to the applicable provisions of Section 203 of the Federal Land Policy 
and Management Act of 1976 (FLPMA), 43 U.S.C. 1713, and BLM land sale 
conveyance regulations at 43 CFR part 2710. If not sold, the parcel 
described in this notice may be identified for sale at a later date 
without further legal notice. Publication of this notice temporarily 
segregates the identified public lands to the extent that they will not 
be subject to appropriation under the public land laws, including the 
mining laws, for up to 2 years while.

DATES: Interested parties may submit written comments regarding the 
proposed sale of public land until December 24, 2012. Sealed bids may 
be mailed or delivered to the BLM Las Vegas Field Office, at the 
address below, beginning December 24, 2012. Sealed bids must be 
received by the BLM Las Vegas Field Office no later than 4:30 p.m. 
Pacific Time on January 7, 2013, in accordance with the competitive 
sealed-bid procedures. The bid opening for the proposed competitive 
sealed-bid sale will be conducted by the BLM on January 8, 2013, at 
10:00 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 
Assistant Field Manager, 4701 N. Torrey Pines Drive, Las Vegas, Nevada 
89130.

FOR FURTHER INFORMATION CONTACT: Jill Pickren at email: [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 Federal parcel proposed for sale is 
located on the northeast corner of Haleh Avenue and Polaris Street in 
southwestern Las Vegas Valley. The parcel is described as:

Mount Diablo Meridian

T. 22 S., R. 61 E.,
    Sec. 29, SE\1/4\NE\1/4\NW\1/4\SW\1/4\, W\1/2\NW\1/4\NE\1/4\SW\1/
4\, and W\1/2\SW\1/4\NE\1/4\SW\1/4\.

    The area described contains 12.5 acres, more or less, in Clark 
County.

    The map delineating the proposed sale is available for public 
review at the BLM Las Vegas Field Office at the address listed above.
    The parcel identified for disposal was previously offered for sale 
in June 2008; however, no bids were received. The proposed sale was 
analyzed in the Las Vegas Valley Disposal Boundary Environmental Impact 
Statement (EIS), approved by Record of Decision on December 23, 2004. 
The parcel, serialized as N-81988, was analyzed in EA number DOI-BLM-
NV-050-2006-294-EA, which tiers to the EIS. The Decision Record and 
Finding of No Significant Impact were signed on March 5, 2007. No 
comments were received.
    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 the FLPMA.
    Sale Procedures: Sealed bids must be presented for the parcel 
described above. Sealed-bid envelopes must be marked on the lower front 
left corner with the BLM serial number N-81988 and the proposed sale 
date of January 8, 2013. 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, and made payable in 
U.S. dollars to ``Department of the Interior--Bureau of Land 
Management'' for not less than 20 percent of the bid amount. Personal 
or

[[Page 67022]]

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 high-bidder 
letter with detailed information for full payment.
    Federal law requires that bidders must be (1) A citizen of the 
United States 18 years of age or over; (2) A corporation subject to the 
laws of any State or of the United States; (3) A State, State 
instrumentality or political subdivision authorized to hold property; 
and (4) An entity legally capable of conveying and holding lands or 
interests therein under the laws of the State within which the lands to 
be conveyed are located. 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.
    Publication of this Notice in the Federal Register segregates the 
subject lands from all forms of appropriation under the public land 
laws, including the mining laws. Any subsequent application will not be 
accepted, will not be considered as filed, and will be returned to the 
applicant if the notice segregates from the use applied for in the 
application. The segregative effect of this Notice terminates upon 
issuance of a patent or other document of conveyance to such lands; 
publication in the Federal Register of a termination of the 
segregation; or 2 years after the date of this publication, whichever 
occurs first. The segregation period may not exceed 2 years unless 
extended by the BLM State Director, Nevada, in accordance with 43 CFR 
2711.1-2(d) prior to the termination date. Terms and Conditions: All 
minerals for the parcel will be reserved in accordance with the BLM's 
approved Mineral Potential Report, dated January 22, 1999, which was 
reviewed and revised on May 16, 2012. 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 addressed listed above.
    The patent, when issued for the parcel, N-81988, will contain a 
mineral reservation to the United States for all minerals.
    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 a 
perpetual rights-of-way or easement. 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. All minerals are reserved to the United States. 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. Rights-of-way N-43890 and N-43913 for telephone line purposes 
granted to Central Telephone Company, its successors or assigns, 
pursuant to the Act of October 21, 1976 (43 U.S.C. 1761);
    5. Rights-of-way N-02557 and N-81438 for distribution line purposes 
granted to Nevada Power Company, its successors or assigns, pursuant to 
the Act of October 21, 1976 (43 U.S.C. 1761);
    6. Rights-of-way N-62316 and N-63015 for road purposes granted to 
Clark County, its successors or assigns, pursuant to the Act of October 
21, 1976 (43 U.S.C. 1761);
    7. 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;
    8. 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,
    9. 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

[[Page 67023]]

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 this 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 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 
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.
    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 at the address 
listed above. 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 valid adverse comments, this 
realty action will become the final determination of the Department of 
the Interior.

    Authority: 43 CFR 2711.1-2.

Vanessa L. Hice,
Assistant Field Manager Division of Lands.
[FR Doc. 2012-27297 Filed 11-7-12; 8:45 am]
BILLING CODE 4310-HC-P