[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Notices]
[Pages 50404-50406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21737]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNVS00000.L54400000.RB0000. LVCLF1705370 N-94491; 11-08807;
MO#4500125057; TAS: 17X]
Notice of Realty Action: Direct Sale of Public Land to the City
of Henderson, 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 a non-
competitive (direct) sale of 10 acres of public land to the City of
Henderson, Nevada, pursuant to the Southern Nevada Public Land
Management Act of 1998 (SNPLMA), as amended, and applicable provisions
of the Federal Land Policy and Management Act of 1976 (FLPMA) and BLM
land sale regulations. This parcel was nominated by the local
government for future development of homes and businesses for the
expansion of growing communities in the City of Henderson.
DATES: Interested parties may submit written comments regarding this
direct sale until November 19, 2018.
ADDRESSES: Mail written comments to the BLM Las Vegas Field Office,
Assistant Field Manager, 4701 North Torrey Pines Drive, Las Vegas, NV
89130.
FOR FURTHER INFORMATION CONTACT: Joe Fields, Realty Specialist, BLM Las
Vegas Field Office at telephone: 702-515-5194, email: [email protected].
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: This property is located near a strategic
location in the City of Henderson and the local government has an
interest in ensuring the property is ultimately developed. The
appraised fair market value for the sale parcel is $4,120,000. The
parcel is located in the City of Henderson on the corner of St. Rose
Parkway and Bowes Avenue and is legally described as: Mount Diablo
Meridian, Nevada T. 23 S., R. 61 E., sec. 9, NE\1/4\NW\1/4\NW\1/4\. The
area described contains 10.00 acres.
This sale is in conformance with the BLM Las Vegas Resource
Management Plan decisions LD-1 and LD-2, 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
parcel. A parcel-specific Determination of National Environmental
Policy Act Adequacy (DNA) document numbered DOI-BLM-NV-S010-2017-0034-
DNA was prepared in conjunction with this Notice of Realty Action. This
sale is consistent with Section 203 of FLPMA, and meets the following
disposal criteria: ``such tract because of its location or other
characteristics is difficult and uneconomic to manage as part of the
public lands, and is not suitable for management by another Federal
department or agency.'' The subject parcel of land is located in a
heavily developed residential and commercial area. These lands are not
needed for Federal purposes and the United States has no present
interest in the property.
The land also meets the criteria for direct sale under FLPMA,
Section 203(a)(3) and 43 CFR 2711.3-3(a), which states ``Direct sales
(without competition) may be utilized, when in the opinion of the
authorized officer, a competitive sale is not appropriate and the
public interest would best be served by a direct sale.'' The parcel
will be offered through direct sale procedures
[[Page 50405]]
pursuant to 43 CFR 2711.3-3. No other land uses are expected for these
lands.
The SNPLMA allows for the disposal of public lands within a
specific boundary around Las Vegas, Nevada. The funds generated by this
proposed non-competitive (direct sale) will be used throughout Nevada
for projects such as the development of parks, trails, and natural
areas, capital improvements on Federal lands, acquisition of
environmentally sensitive land, and landscape restoration projects.
Additionally, 5 percent of the revenue goes to the State of Nevada
General Education Fund and 10 percent to the Southern Nevada Water
Authority.
According to 43 CFR 2711.2, qualified conveyees must be: (1) A
citizen of the United States 18 years of age or older; (2) A
corporation subject to the laws of any state or of the United States;
(3) A 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
documents to the BLM within 30 days from receipt of the purchase price
letter will result in cancellation of the sale and forfeiture of the
deposit. Citizenship documents and Articles of Incorporation (as
applicable) must be provided to the BLM-Las Vegas Field Office for each
sale.
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.
Publication of this Notice in the Federal Register segregates the
subject lands from all forms of appropriation under the public land
laws. Any subsequent applications 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 after the 180
days from the sale offer date of this publication, whichever occurs
first.
Terms and Conditions: All minerals for the sale parcel will be
reserved to the United States. The patent, when issued, will contain a
mineral reservation to the United States for all minerals.
The public land would not be offered for sale to the City of
Henderson until at least December 4, 2018, at the appraised fair market
value of $4,120,000. A copy of the approved appraisal report is
available at the address above. The patent, when issued to the City of
Henderson, will be subject to the following terms, and conditions:
1. All mineral 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 or canals constructed by
the authority of the United States, Act of August 30, 1890 (43 U.S.C.
945);
3. A right-of-way for Federal Aid Highway purposes reserved to
Federal Aid Highway Administration, for road purposes to Nevada
Department of Transportation (Nev-031066), its successors or assigns
pursuant to the Act of November 9, 1921 (042 Stat. 0216);
4. The parcel is subject to all valid existing rights;
5. The parcel is subject to reservations for road, public
utilities, and flood control purposes, both existing and proposed, in
accordance with SNPLMA and the local governing entities' transportation
plans; and
6. 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
land has been examined and no evidence was found to indicate that any
hazardous substances have been stored for one year or more, nor have
any hazardous substances been disposed of or released on the subject
property. To the extent required by law, all parcels are subject to the
requirements of Section 120(h) of CERCLA.
It is the City of Henderson'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 City of Henderson'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 City of Henderson to be aware through due
diligence of those laws, regulations, and policies, and to seek any
required local approvals for future uses. The City of Henderson should
make itself aware of any Federal or State law or regulation that may
affect the future use of the property. Any land lacking access from a
public road or highway will be conveyed as such, and future acquisition
for access will be the responsibility of the City of Henderson.
The City of Henderson will have until 4:30 p.m., Pacific Time (PT),
30 days from the date of receiving the sale offer to accept the offer
and submit a deposit of 20 percent of the purchase price. The City of
Henderson must remit the remainder of the purchase price within 180
days from the date of receiving the sale offer to the Las Vegas Field
Office. Payment must be received in the form of a certified check,
postal money order, bank draft, or cashier's check payable to the U.S.
Department of the Interior--BLM. Failure to meet conditions established
for this sale will void the sale and any funds received will be
forfeited. The BLM will not accept personal or company checks.
Arrangements for electronic fund transfer to the BLM for the
payment of the balance due must be made a minimum of 2 weeks prior to
the payment date.
In accordance with 43 CFR 2711.3-1(f), within 30 days the BLM may
accept or reject any offer to purchase, or interest therein from sale
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 price is paid.
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 fair market
value 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 sale parcel, is available for review
[[Page 50406]]
during business hours, 8:00 a.m. to 4:30 p.m. PT, Monday through
Friday, at the BLM-Las Vegas Field Office, except during Federal
holidays.
The parcel of land will not be offered for sale prior to December
4, 2018. Only written comments submitted by postal service or overnight
mail will be considered as properly filed. Electronic mail, facsimile,
or telephone comments will not be considered.
Submit comments on this sale Notice to the address in the ADDRESSES
section. Before including your address, phone number, email address, or
other personally identifiable information in your comment, be advised
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 from public review your
personally identifiable information, we cannot guarantee that we will
be able to do so.
Any adverse comments regarding the 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)
Gayle Marrs-Smith,
Field Manager, Las Vegas Field Office.
[FR Doc. 2018-21737 Filed 10-4-18; 8:45 am]
BILLING CODE 4310-HC-P