[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Notices]
[Pages 24384-24387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10864]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVS00560 L58530000 EU0000 241A;14-08807; MO#4500104662; TAS: 17X]


Notice of Realty Action: Competitive Sale of 17 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) is proposing to offer 17 
parcels of public land totaling 81.25 acres in the Las Vegas Valley by 
competitive sale, at not less than the appraised fair market values 
(FMV) pursuant to the Southern Nevada Public Land Management Act of 
1998 (SNPLMA), 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) and BLM land sale regulations.

DATES: Interested parties may submit written comments regarding the 
sale until July 10, 2017. The sale will be held by sealed bid and oral 
public auction and will occur on August 3, 2017, at the City of 
Henderson Council Chambers, 240 Water Street, Henderson, Nevada 89009 
at 10 a.m., Pacific Time. The FMV for the parcels will be available 30 
days prior to the sale. The BLM will start accepting sealed bids 
beginning on

[[Page 24385]]

July 17, 2017. Sealed bids must be received at the BLM's Las Vegas 
Field Office (LVFO) no later than 4:30 p.m. Pacific Time on July 28, 
2017. The BLM will open sealed bids on the day of the sale just prior 
to the oral bidding.

ADDRESSES: Mail written comments and submit sealed bids to the BLM-
LVFO, Assistant Field Manager, 4701 North Torrey Pines Drive, Las 
Vegas, NV 89130. The sale by sealed bid and oral public auction will be 
held at the City of Henderson Council Chambers, 240 Water Street, 
Henderson, Nevada 89009.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Realty Specialist, BLM 
LVFO by email: [email protected], or by telephone: 702-515-5069. For 
general information on previous BLM public land sales, go to: https://www.blm.gov/snplma. Persons who use a telecommunications device for the 
deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339 
to contact the above individual during normal business hours. The FRS 
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: All 17 parcels are within Clark County 
jurisdiction and sixteen of the parcels are located in the southwest of 
the Valley, south of Beltway 215 and west of Interstate 15. The last 
parcel is located near the intersection of Ann Road and Grand Canyon 
Drive.
    The subject public lands are legally described as:

Mount Diablo Meridian, Nevada

    N-80697, 10.00 acres:
T. 19 S., R. 60 E.,
    sec. 30, W\1/2\NW\1/4\SE\1/4\SW\1/4\, W\1/2\SW\1/4\SE\1/4\SW\1/
4\.
    N-94807, 5.00 acres:
T. 22 S., R. 60 E.,
    sec. 10, W\1/2\NW\1/4\NE\1/4\NE\1/4\.
    N-92830, 2.50 acres:
T. 22 S., R. 60 E.,
    sec. 14, SE\1/4\SE\1/4\SE\1/4\SW\1/4\.
    N-92832, 2.50 acres:
T. 22 S., R. 60 E.,
    sec. 14, SW\1/4\SW\1/4\SW\1/4\SE\1/4\.
    N-94808, 2.50 acres:
T. 22 S., R. 60 E.,
    sec. 15, NE\1/4\SE\1/4\SE\1/4\SW\1/4\.
    N-94809, 2.50 acres:
T. 22 S., R. 60 E.,
    sec. 15, SW\1/4\SE\1/4\SE\1/4\SW\1/4\.
    N-81973, 1.25 acres:
T. 22 S., R. 60 E.,
    sec. 19, N\1/2\SW\1/4\NE\1/4\SW\1/4\NE\1/4\.
    N-94810, 2.50 acres:
T. 22 S., R. 60 E.,
    sec. 22, NW\1/4\NW\1/4\SE\1/4\SW\1/4\.
    N-94814, 12.50 acres:
T. 22 S., R. 61 E.,
    sec. 29, W\1/2\NE\1/4\NW\1/4\SE\1/4\NW\1/4\, NW\1/4\NW\1/4\SE\1/
4\NW\1/4\, SE\1/4\NW\1/4\SE\1/4\NW\1/4\, E\1/2\SW\1/4\NW\1/4\SE\1/
4\NW\1/4\, E\1/2\NE\1/4\SW\1/4\SE\1/4\NW\1/4\, E\1/2\NW\1/4\SW\1/
4\SE\1/4\NW\1/4\, SW\1/4\SW\1/4\SE\1/4\NW\1/4\.
    N-94815, 2.50 acres:
T. 22 S., R. 61 E., sec. 29, SE\1/4\SW\1/4\NE\1/4\SW\1/4\.
    N-94816, 17.50 acres:
T. 22 S., R. 61 E.,
    sec. 29, NW\1/4\SE\1/4\SW\1/4\, E\1/2\NE\1/4\SW\1/4\SW\1/4\, 
NW\1/4\NE\1/4\SW\1/4\SW\1/4\.
    N-94817, 5.00 acres:
T. 22 S., R. 61 E.,
    sec. 29, N\1/2\SW\1/4\SE\1/4\SW\1/4\.
    N-94818, 2.50 acres:
T. 22 S., R. 61 E.,
    sec. 30, NE\1/4\NE\1/4\SE\1/4\SW\1/4\.
    N-94819, 2.50 acres:
T. 22 S., R. 61 E.,
    sec. 30, SW\1/4\SW\1/4\NW\1/4\SE\1/4\.
    N-85664, 2.50 acres:
T. 22 S., R. 61 E.,
    sec. 30, NE\1/4\SE\1/4\NW\1/4\SE\1/4\.
    N-81967, 5.00 acres:
T. 22 S., R. 61 E.,
    sec. 30, W\1/2\SW\1/4\NE\1/4\SE\1/4\.
    N-94820, 2.50 acres:
T. 22 S., R. 61 E.,
    sec. 30, SW\1/4\SW\1/4\SW\1/4\SE\1/4\.

    The area described contains 81.25 acres.

    A sales matrix is available on the BLM Web site at https://www.blm.gov/snplma. The sales matrix provides information specific to 
each sale parcel such as legal description, physical location, 
encumbrances, acreage, and FMV. The FMV for each parcel will be 
available in the sales matrix as soon as approved and no later than 30 
days prior to the sale.
    The sale is in conformance with the BLM Las Vegas Resource 
Management Plan decision LD-1, approved on October 5, 1998. The Las 
Vegas Valley Disposal Boundary Environmental Impact Statement and 
Record of Decision issued on December 23, 2004 analyzed the sale 
parcels. A parcel-specific Determination of National Environmental 
Policy Act Adequacy (DNA), document number DOI-BLM-NV-S010-2016-0125-
DNA, was prepared in connection with this Notice of Realty Action.
    Submit comments on this sale notice 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. The BLM will also publish this notice once a week for 
three consecutive weeks in the Las Vegas Review-Journal.
    Sale procedures: Registration for oral bidding will begin at 8 a.m. 
Pacific Time and will end at 10 a.m. Pacific Time at the City of 
Henderson Council Chambers, 240 Water Street, Henderson, Nevada 89009, 
on the day of the sale, August 3, 2017. There will be no prior 
registration before the sale date. To participate in the competitive 
sale, all registered bidders must submit a bid guarantee deposit in the 
amount of $10,000 by certified check, postal money order, bank draft, 
or cashier's check made payable to the Department of the Interior-
Bureau of Land Management on the day of the sale or submit the bid 
guarantee deposit along with the sealed bids. The public sale auction 
will be through sealed and oral bids. Sealed bids will be opened and 
recorded on the day of the sale to determine the high bids among the 
qualified bids received. Sealed bids above the FMV will set the 
starting point for oral bidding on a parcel. Parcels that receive no 
qualified sealed bids will begin at the established FMV. Bidders who 
are participating and attending the oral auction on the day of the sale 
are not required to submit a sealed bid but may choose to do so.
    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, 17 parcel SNPLMA 2017 August Sale.'' If multiple sealed bids are 
submitted, only the envelope that contains the bid guarantee needs to 
be noted with ``bid guarantee.'' Sealed bids must include an amount not 
less than 20 percent of the total bid amount and the $10,000 bid 
guarantee noted above by certified check, postal money order, bank 
draft, or cashier's check made payable to the ``Department of the 
Interior-Bureau of Land Management.'' The bid guarantee and bid deposit 
may be combined into one form of deposit; the bidder must specify the 
amounts of the bid deposit and the bid guarantee. If multiple sealed 
bids are submitted, the first sealed bid of the group must include the 
$10,000 bid guarantee with the same bidder name. The BLM will not 
accept personal or company checks. The sealed-bid envelope must contain 
the 20 percent bid deposit, bid guarantee, 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 and registration forms are available at the 
BLM-LVFO at the address listed in the ADDRESSES section and on the BLM 
Web site at https://www.blm.gov/snplma. Pursuant to 43 CFR 2711.3-1(c), 
if two

[[Page 24386]]

or more sealed-bid envelopes containing valid bids of the same amount 
are received, oral bidding will start at the sealed-bid amount. If 
there are no oral bids on the parcel, the authorized officer will 
determine the winning bidder. Bids for less than the Federally approved 
FMV will not be qualified. The highest qualifying bid for any parcel 
will be declared the high bid. The apparent high bidder must submit a 
deposit of not less than 20 percent of the successful bid by 3 p.m. 
Pacific Time on the day of the sale 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.'' Funds must be delivered no later than 3 p.m. Pacific Time 
on the day of the sale to the BLM Collection Officers at the City of 
Henderson Council Chambers, 240 Water Street, Henderson, Nevada 89009. 
Funds will not be accepted at the BLM-LVFO location. 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-LVFO or by certified mail. 
The apparent high bidder may choose to apply the bid guarantee towards 
the required deposit. Failure to submit the deposit following the close 
of the sale under 43 CFR 2711.3-1(d) will result in forfeiture of the 
bid guarantee. If the successful bidder offers to purchase more than 
one parcel and fails to submit the 20 percent bid deposit resulting in 
default on any single parcel following the sale, the BLM will retain 
the $10,000.00 bid guarantee, and may cancel the sale of all the 
parcels to that bidder. If a high bidder is unable to consummate the 
transaction for any reason, the second highest bid may be considered to 
purchase the parcel. If there are no acceptable bids, a parcel 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 who is 18 years of age or older; (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; or (4) an entity legally capable of conveying and holding 
lands or interests therein under the laws of the State of Nevada.
    Evidence of United States citizenship is 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 will result in cancellation of the sale and forfeiture of 
the bid deposit. Citizenship documents and Articles of Incorporation 
(as applicable) must be provided to the BLM-LVFO for each sale. The 
successful bidder is allowed 180 days from the date of the sale to 
submit the remainder of the full purchase price.
    According to SNPLMA as amended, Public Law 105-263 section 4(c), 
lands identified within the Las Vegas Valley Disposal Boundary are 
withdrawn from location and entry under the mining laws and from 
operation under the mineral leasing and geothermal leasing laws until 
such time as the Secretary terminates the withdrawal or the lands are 
patented. Any subsequent applications will not be accepted, will not be 
considered as filed, and will be returned to the applicant. 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 two 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 will be 
reserved to the United States. The patents, when issued, will contain a 
mineral reservation to the United States for all minerals.
    In response to requests to clarify this mineral reservation as it 
relates to mineral materials, such as sand and gravel, we refer 
interested parties to the regulations at 43 CFR 3601.71(b), which 
provides that the owner of the surface estate of lands with reserved 
Federal minerals may ``use a minimal amount of mineral materials for . 
. . personal use'' within the boundaries of the surface estate without 
a sales contract or permit. The regulation provides that all other use, 
absent statutory or other express authority, requires a sales contract 
or permit. We refer interested parties to the explanation of this 
regulatory language in the preamble to the final rule published in the 
Federal Register in 2001, which stated that minimal use ``would not 
include large-scale use of mineral materials, even within the 
boundaries of the surface estate.'' 66 FR 58892, 58894 (Nov. 23, 2001). 
Further explanation is contained in BLM Instruction Memorandum No. 
2014-085 (April 23, 2014), available on BLM's Web site at https://www.blm.gov/policy/woim-2014-085.
    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 (ROW) within the sale 
parcels will have the opportunity to amend the ROW for conversion to a 
new term, including perpetuity, if applicable, or conversion to an 
easement. The BLM will notify valid existing ROW holders of record 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 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;
    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 parcels are subject to valid existing rights;
    4. 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; and
    5. An appropriate indemnification clause protecting the United 
States from claims arising out of the lessee's/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, notice is hereby given that the 
lands have been examined and no evidence was found to indicate that any 
hazardous substances have been stored for one 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

[[Page 24387]]

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.
    The BLM-LVFO must receive the request for escrow instructions prior 
to 30 days before the prospective patentee's scheduled closing date. 
There are no exceptions.
    All name changes and supporting documentation must be received at 
the BLM-LVFO 30 days from the date on the high-bidder letter by 4:30 
p.m. Pacific Time. There are no exceptions. 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-LVFO.
    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, 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-LVFO. The BLM will not accept personal or company checks.
    Arrangements for electronic fund transfer to the BLM for payment of 
the balance due must be made a minimum of two weeks prior to the 
payment date. Failure to pay the full bid price within 180 days of the 
sale date 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). There are 
no exceptions. The BLM can only accept the remainder of the full bid 
price up to 180 days after 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), the BLM may accept or reject 
any or all offers to purchase, or withdraw any parcel of land or 
interest therein from sale within 30 days, if the BLM authorized 
officer determines 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 publication of this notice and until completion of this sale, 
the BLM will no longer accept 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. 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, 8 a.m. to 4:30 p.m. 
Pacific Time, Monday through Friday, at the BLM-LVFO, 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 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.

Kerri-Anne Thorpe,
Acting Assistant Field Manager, Division of Lands.
[FR Doc. 2017-10864 Filed 5-25-17; 8:45 am]
BILLING CODE 4310-HC-P