[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
[Notices]
[Pages 36618-36621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16226]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVSO3000. L54400000. EU0000. LVCLF1805630.18X; MO# TBA TAS: 
18XL5017AR]


Notice of Intent To Amend the Las Vegas Resource Management Plan 
and Prepare an Environmental Assessment; Notice of Segregation and 
Notice of Realty Action; Classification and Proposed Modified 
Competitive Sales of Public Land in Pahrump, Nye County, Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Intent and Notice of Realty Action.

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SUMMARY: In compliance with section 203 of the Federal Land Policy and 
Management Act (FLPMA), as amended, and the National Environmental 
Policy Act (NEPA) of 1969, as amended, the Bureau of Land Management's 
(BLM) Pahrump Field Office proposes to amend the 1998 Las Vegas 
Resource Management Plan (RMP) and prepare an Environmental Assessment 
(EA) to identify approximately 621 acres of public land for sale. The 
EA will also evaluate the proposed sale of these acres through two 
modified competitive sealed bid sales of public land for not less than 
the appraised fair market value (FMV). Publication of this notice in 
the Federal Register segregates the subject lands from all 
appropriation under the public land laws, including the general mining 
laws, and from the mineral leasing and geothermal leasing laws, except 
the sales provisions of FLPMA.

DATES: Interested parties may submit written comments regarding the RMP 
Amendment during the 30-day scoping period initiated by publication of 
this notice in the Federal Register and ending August 29, 2018. 
Interested parties may submit written comments regarding the Notice of 
Realty Action for the proposed land sale during the 45-day comment 
period initiated by publication of this notice in the Federal Register, 
and ending September 13, 2018. All dates related to the bid process are 
contained the SUPPLEMENTARY INFORMATION section.

ADDRESSES: You may submit comments on issues and planning criteria 
related to the plan amendment and realty action by any of the following 
methods:
     Email: [email protected].
     Fax: (702) 515-5010, Attn: Shevawn Sapp.
     Mail: BLM, Attn: Shevawn Sapp, Pahrump Field Office, 4701 
N. Torrey Pines Dr., Las Vegas, NV, 89130-2301.
    Documents, including, but not limited to, the draft plan amendment 
and supporting EA, pertinent to this proposal will be available at the 
above address.

FOR FURTHER INFORMATION CONTACT: For further information and/or to have 
your name added to the mailing list, send requests to one of the 
following:
     Shevawn Sapp, Realty Specialist, at telephone (702) 515-
5063;
     Email: [email protected];
     Mailing Address: 4701 North Torrey Pines Drive, Las Vegas, 
NV 89130-2301.
    Persons who use a telecommunications device for the deaf (TDD) may 
call the Federal Relay Service (FRS) at 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: Spring Mountain Raceway, LLC has requested 
that the BLM dispose of public land by direct sale or modified 
competitive sale within the Town of Pahrump for approximately 621 
acres. The public land directly abuts property owned by Spring Mountain 
Raceway, LLC, along State Route 160 near Gamebird Road in Nye County. 
The Nye County Board of Commissioners supports the proposal. The BLM 
Pahrump Field Office intends to prepare an RMP amendment with an 
associated EA for the Las Vegas RMP. This Notice of Intent (NOI) 
includes a proposed two-phase modified competitive sealed bid sale, 
announces the beginning of the scoping process for the RMP amendment 
and a temporary segregation from appropriation under the public land 
laws, including the mining law, and mineral leasing and geothermal 
leasing laws, subject to valid existing rights. Because the Las Vegas 
RMP does not specifically include or identify the sale parcels for 
disposal, a land-use plan amendment is required.
    The proposed sales would be conducted in two phases, with phase one 
anticipated in January 2019 and phase two anticipated in the summer of 
2019. The first phase includes the proposed sale of approximately 553 
acres. The second phase includes the remaining 68 acres, which also 
require cadastral survey before they may be sold. When ready, the Draft 
RMP Amendment and EA will be available for a 30-day public comment 
period, on BLM's website at https://go.usa.gov/xn7nT and may be 
announced in local news outlets as well. Sealed bids for the phase-one 
modified competitive sale may be mailed or delivered to the BLM Pahrump 
Field Office, at the address above, beginning January 10, 2019 and 
ending January 17, 2019. Sealed bids must be received at the BLM Office 
no later than 4:30 p.m. Pacific Time on January 17, 2019. The BLM will 
open the sealed bids for the phase one sale on January 18, 2019 at the 
BLM Pahrump Field Office at 10 a.m. Pacific Time. Sealed bids for the 
phase-two modified competitive sale may be mailed or delivered to the 
BLM Pahrump Field Office, at the address below, beginning August 16, 
2019. Sealed bids must be received no later than 4:30 p.m. Pacific 
Time, August 23, 2019, in accordance with the sale procedures. The BLM 
will open the sealed bids for the phase-two sale on August 30, 2019 at 
the BLM Pahrump Field Office at 10 a.m. Pacific Time.
    The segregation will terminate: (i) Upon publication in the Federal 
Register of a termination of the segregation; or (ii) At the end of two 
years from the date of this publication in the Federal Register, 
whichever occurs first.
    The purpose of the public scoping process is to determine relevant 
issues that will influence the scope of the environmental analysis, 
including alternatives, and to guide the planning process. The 
preliminary issue for the plan amendment and proposed disposal area 
identified by BLM personnel; Federal, state, and local agencies; and 
interested stakeholders is desert tortoise habitat. The public land 
proposed for sale directly abuts property owned by Spring Mountain 
Raceway, LLC, along

[[Page 36619]]

State Route 160 near Gamebird Road in Nye County. The land is described 
as:

Mount Diablo Meridian, Nevada

T. 20 S., R. 54 E.,

    Sec. 27, SW\1/4\, that part lying outside of the utility 
corridor;
    Sec. 28, E\1/2\NE\1/4\NE\1/4\SW\1/4\, NE\1/4\SE\1/4\NE\1/4\SW\1/
4\,
    S\1/2\SE\1/4\NE\1/4\SW\1/4\, NE\1/4\SE\1/4\SW\1/4\, E\1/2\SW\1/
4\SE\1/4\SW\1/4\, SE\1/4\SE\1/4\SW\1/4\, and SE\1/4\;
    Sec. 34, lots 2, 3, and 4, those parts lying South of the 
utility corridor, lots 5 thru 8, NE1/4NW1/4, that part lying South 
the utility corridor, SE\1/4\NW\1/4\, and E\1/2\SW\1/4\.

    The area combined contains approximately 621 acres +/- according to 
the official plats of surveys of said land, on file with the BLM, and 
areas determined using GIS maps.
    The BLM determined that a modified competitive method of sale would 
be the appropriate method for disposal of these parcels. These sales 
meet the criteria found in 43 CFR 2710.0-3(a)(2) because these 
disposals serve important public objectives, including but not limited 
to, expansion of communities and economic development, which cannot be 
achieved prudently or feasibly on other lands. The authorized officer 
has identified Spring Mountain Raceway, LLC, as the designated bidder 
for these parcels. The use of the modified-competitive sale method is 
consistent with 43 CFR 2711.3-2(a) because the authorized officer has 
determined it is necessary in order to assure equitable distribution of 
land among purchasers or to recognize equitable considerations or 
public policies.
    Only written comments will be considered properly filed. Submit 
comments to the address in the ADDRESSES section. Before including your 
address, phone number, email address, or other personally identifiable 
information in your comment, you should be aware that your entire 
comment--including your personally identifiable information--may be 
made publicly available at any time. While you can ask the BLM in your 
comment to withhold your personally identifiable information from 
public review, we cannot guarantee that we will be able to do so.
    Information concerning the sales, appraisals, reservations, sale 
procedures and conditions, Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) of 1980, maps delineating the 
proposed sale parcels, mineral potential report, the EA, and other 
environmental documents will be available for review at the BLM Pahrump 
Field Office, or by calling (702) 515-5000, and asking to speak to a 
member of the Pahrump Realty Team.
    In accordance with 43 CFR 2710.0-6(c)(3)(ii) and 43 CFR 2711.3-
2(a)(1)(i), modified competitive sale procedures are appropriate to 
protect on-going uses and to assure compatibility of the possible uses 
with adjacent lands. Conveyance of the sale parcels will be subject to 
valid existing rights and encumbrances of record, including, but not 
limited to, rights-of-way (ROW) for roads and public utilities. The 
patents will include appropriate indemnification clauses protecting the 
United States from claims arising out of the patentee's use occupancy 
or occupations on the patented lands. No warranty of any kind, express 
or implied, is given by the United States as to the title, physical 
condition, or potential uses of the parcels of land proposed for sale. 
The Pahrump Field Office will also publish a copy of this notice once a 
week for three consecutive weeks in the Pahrump Valley Times prior to 
both the phase-one and phase-two sales.
    Segregation: Publication of this notice in the Federal Register 
segregates the subject lands from all appropriations under the public 
land laws, including the general mining laws and from the mineral 
leasing and geothermal leasing laws, except sale under FLPMA. The 
segregation will terminate: (i) Upon publication in the Federal 
Register of a termination of the segregation; or (ii) At the end of two 
years from the date of this publication in the Federal Register, 
whichever occurs first. On publication of this notice and until 
completion of the sales, the BLM is no longer accepting land-use 
applications affecting the parcels identified for sale. However, land-
use applications may be considered after completion of the phase-two 
sale if the parcels are not sold. The parcels 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 parcels. Encumbrances of 
record that may appear in the BLM public files for the parcels proposed 
for sale are available for review during business hours, 8 a.m. to 4:30 
p.m., Pacific Time, Monday through Friday at the BLM Pahrump Field 
Office except during Federally recognized holidays. The parcels are 
subject to limitations prescribed by law and regulation, and prior to 
patent issuances, a holder of any ROW within the parcels may be given 
the opportunity to amend the ROW for conversion to a new term, 
including perpetuity, if applicable, or an easement. In accordance with 
regulations at 43 CFR 2807.15(b), the BLM notified the valid existing 
ROW holders by letter of their ability to convert their ROWs to 
perpetual ROWs or easements.
    Once the Decision Record is filed, amending the RMP and approving 
the proposed sales, the modified competitive sales will occur in two 
phases. Phase one will dispose public land for which the existing 
cadastral survey is adequate. Phase two will dispose the remaining 
public land in the RMP amendment area after the cadastral survey for 
the parcels has been completed.
    The patents if issued, would be subject to the following terms, 
conditions, and reservations:
    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 ROW 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. Appropriate indemnification clauses 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 
CERCLA, 42 U.S.C. 9620(h), as amended by the Superfund Amendments and 
Reauthorization Act of 1988, 100 Stat. 1670, notice is hereby given 
that the above-described 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 condition, future uses, or any other 
circumstance or condition. The conveyances of the parcels will not be 
on a contingency basis. However, to the extent required by law, the 
parcels are

[[Page 36620]]

subject to the requirements of Section 120(h) of the CERCLA.
    Sale procedures: All sale procedures apply to both the phase one 
and phase two sales. The approximate sale acreage is 553 acres for 
phase one and 68 acres for phase two. The FMV for both the phase one 
and phase two sales will be available on BLM's website at https://go.usa.gov/xn7nT no later than 30 days prior to the respective sale. 
The designated bidder must appoint an authorized representative for 
these sales by submitting, in writing, a notarized document that also 
identifies the level of capacity given to the authorized 
representative. The authorized representative will have the opportunity 
to meet and accept the high bid as the purchase price of the parcels. 
Should the authorized representative refuse to meet the high bid, the 
party submitting the high bid will be declared the successful bidder in 
accordance with regulations at 43 CFR 2711.3-2(c). Consistent with 43 
CFR 2711.3-2(e), acceptance or rejection of any offer to purchase shall 
be in accordance with the procedures set forth in 43 CFR 2711.3-1(f) 
and (g). Sealed bids will be presented for the sale parcels for both 
phase one and phase two. Sealed bid envelopes must be clearly marked on 
the front lower left corner with: ``SEALED BID BLM LAND SALE'' and the 
identification number for the sale parcel. The phase one sale envelope 
should be marked ``BLM SERIAL NUMBER N-95802.'' The phase two sale 
envelope should be marked ``BLM SERIAL NUMBER N-96616.'' Each sealed 
bid shall state the highest bid amount and be accompanied by a 
cashier's check, certified check, or U.S. postal money order, and made 
payable in U.S. dollars to ``Department of the Interior--Bureau of Land 
Management'' for not less than 20 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 and 
supporting documentation. The Certificate of Eligibility can be found 
at the Pahrump Field Office or for an electronic form, please contact 
the Pahrump Field Office, as specified in the ADDRESSES section, above. 
Pursuant to regulations 43 CFR 2711.2, 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. Sealed bids for phase one will be opened and 
recorded to determine the high bidder on January 18, 2019 at the 
Pahrump Field Office at 10:00 a.m., Pacific Time. Sealed bids for phase 
two will be opened and recorded to determine the high bidder on August 
30, 2019, at the Pahrump Field Office at 10:00 a.m., Pacific Time. 
Pursuant to 43 CFR 2711.3-1(c), if two or more sealed bid envelopes 
containing valid bids of the same highest auction amount are received, 
oral bidding will start at the sealed bid amount between the matching 
sealed bidders. The highest bidder among the qualified bids received 
for each sale will be announced under 43 CFR 2711.3-1(d). The apparent 
high bidder must submit a deposit of not less than 20 percent of the 
successful bid by 3:00 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 3:00 p.m. Pacific Time on the day of the applicable sale to the 
BLM Collection Officers located at the Pahrump Field Office. If the 
high bidder is unable to consummate the transaction for any reason, the 
second-highest bid may be considered for award. The BLM will send the 
successful bidder a high bidder letter with detailed information for 
full payment.
    Within 30 days of the bid opening, 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. 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 Pahrump 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 Pahrump 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 on the Certificate of 
Eligibility to the BLM Pahrump Field Office in writing. 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, 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 two 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 full bid price after the 180th day of the sale date.
    The BLM will not sign any documents related to 1031 Exchange 
transactions. The timing and all other elements for completion of any 
1031 Exchange are the bidder's responsibility. 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. The parcels, if not sold by modified competitive, sealed 
bid sale, may be identified for sale at a later date without further 
legal notice.
    In order to determine the FMV, certain assumptions may have been 
made concerning the attributes and limitations of the land and 
potential effects of local regulations and policies on potential future 
land uses. Through publication of this notice, the BLM advises that 
these assumptions might not be endorsed or approved by units of local 
government. It is the bidder's responsibility to be aware of all 
applicable Federal, State, and local government laws, regulations and 
policies that may affect the subject

[[Page 36621]]

lands, including any required dedication of lands for public uses. It 
is also the bidder'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. 
Bidders 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 adverse comments regarding the proposed sales 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:  40 CFR 1501.7, 43 CFR 1610.2, 43 CFR 1610.5, 43 CFR 
2400, 43 CFR 2710, 43 CFR 2711 and 43 CFR 2800.

Michael C. Courtney,
Acting Nevada State Director.
[FR Doc. 2018-16226 Filed 7-27-18; 8:45 am]
 BILLING CODE 4310-HC-P