[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Notices]
[Pages 56242-56245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22210]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVS00560 L58530000 EU0000 241A; N-78190 et al.; 13-08807; 
MO 4500053642; TAS: 14X5232]


Notice of Realty Action: Competitive Sale of 28 Parcels of Public 
Land in Clark County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: The Bureau of Land Management (BLM) proposes to offer 28 
parcels of public land totaling approximately 440.42 acres in the Las 
Vegas Valley by competitive sale, at not less than the appraised fair 
market

[[Page 56243]]

values (FMV). The sale parcels would be offered for sale pursuant to 
the Southern Nevada Public Land Management Act of 1998 (SNPLMA), as 
amended. The sale would be subject to the applicable provisions of 
Sections 203 of the Federal Land Policy and Management Act of 1976 
(FLPMA), and BLM land sale regulations.

DATES: Interested parties may submit written comments regarding the 
proposed sale, until October 28, 2013. The sale by sealed bid and oral 
public auction will be held on January 16, 2014, at the BLM Las Vegas 
Field Office at 10 a.m., Pacific Time. The FMV for the parcels will be 
available 30 days prior to the sale. The BLM will accept sealed bids 
beginning December 30, 2013. Sealed bids must be received by the BLM 
Las Vegas Field Office no later than 4:30 p.m. Pacific Time, on January 
10, 2014. The BLM will open sealed bids on the day of the sale just 
prior to oral bidding.

ADDRESSES: Mail written comments and submit sealed bids to the BLM Las 
Vegas Field Office, Assistant Field Manager, 4701 N. Torrey Pines 
Drive, Las Vegas, NV 89130.

FOR FURTHER INFORMATION CONTACT: Manuela Johnson at email: [email protected] or telephone: 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. 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 BLM proposes to offer 28 parcels of 
public land throughout various locations of the Las Vegas Valley. The 
parcels are positioned between the following locations: Hollywood 
Boulevard and Los Feliz Street, Warbonnet Way and Redwood Street north 
of Blue Diamond Road, Hualapai Way and Durango Drive south of Blue 
Diamond Road, Grand Canyon and Tee Pee Lane north of Alexander Road, 
and the northwest corner of Volunteer Boulevard and Executive Airport 
Drive. The subject public lands are described as:

Mount Diablo Meridian

N-91842, 17.50 acres: T. 20 S., R. 60 E.,
    Sec. 6, NW\1/4\SW\1/4\SE\1/4\, W\1/2\NE\1/4\SW\1/4\SE\1/4\, 
NE\1/4\NE\1/4\SW\1/4\SE\1/4\.
N-78190, 2.50 acres: T. 22 S., R. 60 E.,
    Sec. 14, NW\1/4\SW\1/4\NW\1/4\SW\1/4\.
N-91783, 5.00 acres: T. 22 S., R. 60 E.,
    Sec. 14, S\1/2\SW\1/4\SW\1/4\SW\1/4\.
N-91794, 10.00 acres: T. 22 S., R. 60 E.,
    Sec. 15, SW\1/4\NE\1/4\NE\1/4\SW\1/4\, E\1/2\NW\1/4\NE\1/4\SW\1/
4\, SW\1/4\NW\1/4\NE\1/4\SW\1/4\.
N-91795, 3.75 acres: T. 22 S., R. 60 E.,
    Sec. 15, W\1/2\NE\1/4\NW\1/4\SE\1/4\SW\1/4\, NW\1/4\NW\1/4\SE\1/
4\SW\1/4\.
N-81899, 2.50 acres: T. 22 S., R. 60 E.,
    Sec. 15, SW\1/4\NE\1/4\NW\1/4\SW\1/4\.
N-91796, 10.00 acres: T. 22 S., R. 60 E.,
    Sec. 15, SW\1/4\NW\1/4\NW\1/4\SW\1/4\, N\1/2\SW\1/4\NW\1/4\SW\1/
4\, SE\1/4\SW\1/4\NW\1/4\SW\1/4\.
N-91797, 17.50 acres: T. 22 S., R. 60 E.,
    Sec. 15, S\1/2\SW\1/4\SW\1/4\SW\1/4\, NW\1/4\SW\1/4\SW\1/4\SW\1/
4\, W\1/2\SW\1/4\SE\1/4\SW\1/4\, S\1/2\SE\1/4\SW\1/4\SW\1/4\.
N-91786, 10.00 acres: T. 22 S., R. 60 E.,
    Sec. 15, SW\1/4\SW\1/4\NE\1/4\.
N-91806, 2.50 acres: T. 22 S., R. 60 E.,
    Sec. 15, SE\1/4\SE\1/4\NE\1/4\SE\1/4\.
N-91807, 20.00 acres: T. 22 S., R. 60 E.,
    Sec. 15, SW\1/4\NE\1/4\NW\1/4\SE\1/4\, SE\1/4\NW\1/4\NW\1/
4\SE\1/4\, N\1/2\SW\1/4\NW\1/4\SE\1/4\, E\1/2\SE\1/4\NE\1/4\SW\1/4\, 
W\1/2\NW\1/4\SW\1/4\SE\1/4\.
N-91808, 7.50 acres: T. 22 S., R. 60 E.,
    Sec. 15, W\1/2\NW\1/4\NE\1/4\SE\1/4\, SE\1/4\NW\1/4\NE\1/4\SE\1/
4\.
N-91787, 2.50 acres: T. 22 S., R. 60 E.,
    Sec. 15, SE\1/4\SW\1/4\NE\1/4\SE\1/4\.
N-91809, 5.00 acres: T. 22 S., R. 60 E.,
    Sec. 15, SW\1/4\NW\1/4\SE\1/4\SE\1/4\, NW\1/4\SW\1/4\SE\1/
4\SE\1/4\.
N-91788, 2.50 acres: T. 22 S., R. 60 E.,
    Sec. 15, SW\1/4\NE\1/4\SW\1/4\SE\1/4\.
N-91789, 5.00 acres: T. 22 S., R. 60 E.,
    Sec. 15, E\1/2\NE\1/4\SE\1/4\SE\1/4\.
N-91810, 10.00 acres: T. 22 S., R. 60 E.,
    Sec. 16, W\1/2\NE\1/4\SE\1/4\NE\1/4\, E\1/2\SE\1/4\SE\1/4\NE\1/
4\.
N-91812, 12.50 acres: T. 22 S., R. 60 E.,
    Sec. 16, SE\1/4\NE\1/4\NE\1/4\SE\1/4\, N\1/2\SE\1/4\NE\1/4\SE\1/
4\, SE\1/4\SE\1/4\NE\1/4\SE\1/4\, NE\1/4\NE\1/4\SE\1/4\SE\1/4\.
N-91782, 2.08 acres: T. 22 S., R. 60 E.,
    Sec. 19, lots 17 and 74.
N-91815, 3.15 acres: T. 22 S., R. 60 E.,
    Sec. 19, lots 70, 72.
N-79534, 16.25 acres: T. 22 S., R. 60 E.,
    Sec. 19, W\1/2\SW\1/4\SE\1/4\NW\1/4\, NE\1/4\SW\1/4\SE\1/4\NW\1/
4\, W\1/2\SE\1/4\SE\1/4\NW\1/4\, SW\1/4\NE\1/4\SE\1/4\NW\1/4\, S\1/
2\NW\1/4\NE\1/4\SE\1/4\NW\1/4\.
N-91790, 2.50 acres: T. 22 S., R. 60 E.,
    Sec. 19, SE\1/4\SE\1/4\SE\1/4\NE\1/4\.
N-91791, 5.00 acres: T. 22 S., R. 60 E.,
    Sec. 20, S\1/2\SE\1/4\SW\1/4\NW\1/4\.
N-91793, 7.50 acres: T. 22 S., R. 60 E.,
    Sec. 20, S\1/2\SE\1/4\SE\1/4\NW\1/4\, SW\1/4\SW\1/4\SW\1/4\NE\1/
4\.
N-91792, 2.50 acres: T. 22 S., R. 60 E.,
    Sec. 23, SE\1/4\NE\1/4\SW\1/4\SW\1/4\.
N-91827, 2.50 acres: T. 22 S., R. 60 E.,
    Sec. 23, SE\1/4\SW\1/4\SW\1/4\SW\1/4\.
N-91844, 5.00 acres: T. 23 S., R. 61 E.,
    Sec. 10, N\1/2\SW\1/4\NE\1/4\SE\1/4\.
*N-91124, 247.59 acres: T. 20 S., R. 62 E.,
    Sec. 14, lots 1, 2, E\1/2\NW\1/4\, N\1/2\SW\1/4\.

    The areas described contain 440.42 acres, more or less, in Clark 
County.

    A sales matrix is available on the BLM Web site at: http://www.blm.gov/snplma. The sale matrix provides information specific to 
each sale parcel such as: legal description, physical location, 
encumbrances, acreage and fair market values.
    *Sale parcel N-91124 consists of split-estate lands. The parcel of 
approximately 247.59 acres overlies privately-owned sand and gravel 
deposits patented out of Federal ownership pursuant to Private Law 96-
67 signed on December 5, 1980, for the relief of two mining claimants. 
The patent provides for the private ownership and use of the sand and 
gravel deposits and such use of the surface that is reasonably required 
for mining. The northern portion of sale parcel N-91124 is near the 
southern boundary of Nellis Air Force Base near the Live Ordnance 
Loading Area. The existing explosion evacuation arcs extend onto the 
northern portion of the sale parcel.
    This proposed competitive sale is in conformance with the BLM Las 
Vegas Resource Management Plan (RMP) and decision LD-1, approved by 
Record of Decision on October 5, 1998, and is in compliance with 
Section 203 of FLPMA. The proposed sale parcels were analyzed in the 
Las Vegas Valley Disposal Boundary Environmental Impact Statement and 
approved by Record of Decision on December 23, 2004, and a site 
specific Determination of National Environmental Policy Act Adequacy 
document numbered DOI-BLM-NV-S010-2013-0093-DNA approved on June 27, 
2013.
    Submit comments to the address in the ADDRESSES section. 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 any 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. In addition 
to this Notice, notice of this sale will also be published once a week 
for 3 weeks in the Las Vegas Review-Journal.
    Sale procedures: The public sale auction would be through sealed 
and oral bids. Sealed bids would be opened and recorded on the sale 
date to determine the high bids among the qualified bids received. 
Sealed bids above the FMV would set the starting point for oral bidding 
on a parcel. Parcels that receive no qualified sealed bids will begin 
at the established FMV.

[[Page 56244]]

    Sealed-bid envelopes must be clearly marked on the lower front left 
corner with the parcel number and name of the sale, for example: ``N-
XXXXX, 28-parcel SNPLMA Sale 2013.'' Sealed bids for the sale must also 
include a certified check, postal money order, bank draft, or cashier's 
check made payable to the ``Department of the Interior-Bureau of Land 
Management'' in an amount not less than 20 percent of the total amount 
bid. Personal or company checks will not be accepted. The sealed-bid 
envelope must contain the 20 percent bid deposit, and a completed and 
signed ``Certificate of Eligibility'' form stating the name, mailing 
address, and telephone number of the entity or person submitting the 
bid. Certificate of Eligibility forms are available at the BLM Las 
Vegas Field Office at the address listed in the ADDRESSES section 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, 
oral bidding would start at the sealed-bid amount. If there are no oral 
bids on the parcel, the authorized office will determine the winning 
bidder. Bids for less than the federally approved FMV will not be 
qualified. The BLM will send the successful bidder(s) a high bidder 
letter with detailed information for full payment.
    All funds submitted with unsuccessful bids will be returned to the 
bidders or their authorized representative upon presentation of 
acceptable photo identification at the BLM Las Vegas Field Office or by 
certified mail. If a bidder purchases a parcel and defaults, the BLM 
may retain the bid deposit and cancel the sale of that parcel. If the 
high bidder is unable to consummate the transaction for any other 
reasons, the second highest bid may be considered. If there are no 
acceptable bids, the parcels may remain available for sale at a future 
date in accordance with competitive sale procedures without further 
legal notice.
    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 the BLM within 30 
days from receipt of the high-bidder letter shall result in 
cancellation of the sale and forfeiture of the bid deposit. The 
successful bidder would be allowed 180 days from the date of the sale 
to submit the remainder of the full purchase price.
    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 sale parcels, except 
sale parcel N-91124, will be reserved to the United States. The 
patents, when issued, will contain a mineral reservation to the United 
States for all minerals, except sale parcel N-91124.
    The parcels are subject to limitations prescribed by law and 
regulation, and certain encumbrances in favor of third parties. Prior 
to patent issuance, a holder of any right-of-way within the sale 
parcels will be given the opportunity to amend the right-of-way for 
conversion to a new term, including perpetuity, if applicable, or 
conversion to an easement. The BLM will notify valid existing right-of-
way holders of record of their ability to convert their compliant 
rights-of-way to 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 documents for the sale parcels:
    1. All minerals deposits in the lands so patented, and to it, or 
persons authorized by it, the right to prospect for, mine, and remove 
such deposits from the same under applicable law and regulations to be 
established by the Secretary of the Interior are reserved to the United 
States, together with all necessary access and exit rights. Note: Sale 
parcel N-91124 will not include this mineral reservation because the 
mineral estate of this parcel is held by a private party.
    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. A right-of-way for Federal aid highway (Blue Diamond Road) 
purposes reserved to the Federal Aid Highway Administration, its 
successors and assigns, by right-of-way
    No. Nev-012728, pursuant to the Act of August 27, 1958 (23 U.S.C. 
107(D)) within parcels N-91782, N-91815, N-79534, N-91791 and N-91793;
    4. The parcels are subject to valid existing rights;
    5. 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;
    6. An appropriate indemnification clause protecting the United 
States from claims arising out of the lessees/patentee's use, 
occupancy, or occupations on the leased/patented lands.
    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 a 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 
the 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

[[Page 56245]]

prospective patentee's scheduled closing date. There are no exceptions.
    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 received 
no later than 4:30 p.m., Pacific Time, within 180 days following the 
day of the sale. Payment must be submitted in the form of a certified 
check, U.S. postal money order, bank draft, cashier's check, or made 
available by electronic fund transfer made payable in U.S. dollars to 
the ``Department of the Interior--Bureau of Land Management'' to the 
BLM Las Vegas Field Office. 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 the expiration of the 
180th day will disqualify the 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 such an exchange is the 
bidder's responsibility. The BLM cannot be a party to any 1031 
Exchange.
    In accordance with 43 CFR 2711.3-1(f), within 30 days 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 as may be provided by applicable law or 
regulations. 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.
    Upon the publication of this Notice and until the completion of 
this sale, the BLM is no longer accepting land use applications 
affecting the parcel identified for sale. However, land use 
applications may be considered after 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. 
Information concerning the sale, encumbrances of record, appraisals, 
reservations, procedures and conditions, CERCLA, and other 
environmental documents that may appear in the BLM public files for the 
proposed sale parcels are available for review during business hours, 
7:30 a.m. to 4:30 p.m., Pacific Time, Monday through Friday, at the BLM 
Las Vegas Field Office, except during Federal holidays.
    In order to determine the FMV through appraisal, certain 
extraordinary assumptions and hypothetical conditions 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 is 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.
    Any comments regarding the proposed sale will be reviewed by the 
BLM Nevada State Director or other authorized official of the 
Department of the Interior, who may sustain, vacate, or modify this 
realty action in response to such comments. In the absence of any 
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. 2013-22210 Filed 9-11-13; 8:45 am]
BILLING CODE 4310-HC-P