[Federal Register: August 21, 2007 (Volume 72, Number 161)]
[Notices]
[Page 46655-46658]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au07-92]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NV-056-5853-EU; NVN-78190, 7-08807]
Notice of Realty Action: Competitive Sale of Public Lands 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 for sale
by public auction 31 parcels of Federal public land totaling
approximately 167.5 acres in the Las Vegas Valley, Nevada. The sale
will be conducted under the authority of the Southern Nevada Public
Land Management Act of 1998 (SNPLMA), 112 Stat. 2343, as amended. The
SNPLMA sale will be subject to the applicable provisions of Sections
203 and 209 of the Federal Land Policy and Management Act of 1976
(FLPMA), 43 U.S.C. 1713 and 1719, respectively, and BLM land sale and
mineral conveyance regulations at 43 CFR Parts 2710 and 2720.
DATES: Comments regarding the proposed SNPLMA sale and Environmental
Assessment (EA) (NV-2007-201 must be received by BLM on or before
October 5, 2007. Sealed bids must be received no later than 4:30 p.m.
PDT, October 26, 2007, at the address of the Las Vegas Field Office
(LVFO) listed below. The sale by public auction will begin at 10 a.m.,
PDT, November 1, 2007.
ADDRESSES: Written comments regarding the proposed sale may be
submitted to BLM at the following address: Manager, Las Vegas Field
Office, Bureau of Land Management, 4701 N. Torrey Pines Drive, Las
Vegas, Nevada 89130.
The address for oral bidding registration and the location of the
public auction is: Clark County Commission Chambers, 500 S. Grand
Central Parkway, Las Vegas, Nevada.
FOR FURTHER INFORMATION CONTACT: You may contact the LVFO at (702) 515-
5000 and ask to have your call directed to a member of the sales team.
For general information on BLM's public land sale procedures, refer to
the following Web address: http://www.blm.gov/nhp/what/lands/realty/sales.htm
.
SUPPLEMENTARY INFORMATION: This public sale is in conformance with the
Las Vegas Resource Management Plan, approved on October 5, 1998. BLM
has determined that the proposed action conforms to land use plan
decision LD-1 under the authority of FLPMA.
The public lands would be offered for sale competitively on
November 1, 2007, at an oral auction for not less than the appraised
fair market value (FMV) for each parcel. The parcels described below
would be auctioned under the terms and conditions of this Notice of
Realty Action (NORA).
Mount Diablo Meridian, Nevada
T. 19 S., R. 59 E., sec. 3, E\1/2\NW\1/4\SW\1/4\SW\1/4\, W\1/2\SE\1/
4\SW\1/4\SW\1/4\, W\1/2\NW\1/4\SE\1/4\SW\1/4\, E\1/2\SW\1/4\SE\1/
4\SW\1/4\; sec. 25, NE\1/4\NE\1/4\SW\1/4\.
T. 19 S., R. 60 E., sec. 30, lot 22.
T. 22 S., R 60 E., sec. 13, SE\1/4\NE\1/4\SE\1/4\NE\1/4\, NE\1/
4\SE\1/4\SE\1/4\NE\1/4\; sec. 14, NW\1/4\SW\1/4\NW\1/4\SW\1/4\; sec.
15, NE\1/4\SW\1/4\SW\1/4\NE\1/4\, NW\1/4\SW\1/4\SW\1/4\NE\1/4\,
SW\1/4\SW\1/4\SW\1/4\NE\1/4\, SE\1/4\SW\1/4\SW\1/4\NE\1/4\; sec. 19,
N\1/2\SW\1/4\NE\1/4\SW\1/4\NE\1/4\; sec. 24, S\1/2\SW\1/4\NW\1/
4\SE\1/4\NE\1/4\; sec 27, NW\1/4\NE\1/4\SW\1/4\NE\1/4\, NW\1/4\NW\1/
4\SW\1/4\NE\1/4\.
T. 22 S., R. 61 E., sec. 33, SW\1/4\NW\1/4\SW\1/4\NE\1/4\, SW\1/
4\SW\1/4\SW\1/4\NE\1/4\, SE\1/4\SW\1/4\SW\1/4\NE\1/4\, NE\1/4\NE\1/
4\NW\1/4\SE\1/4\, SW\1/4\NE\1/4\NW\1/4\SE\1/4\, NE\1/4\NW\1/4\NW\1/
4\SE\1/4\, SW\1/4\NW\1/4\NW\1/4\SE\1/4\, SE\1/4\NW\1/4\NW\1/4\SE\1/
4\, NE\1/4\SW\1/4\NW\1/4\SE\1/4\.
[[Page 46656]]
T. 23 S., R. 61 E., Sec. 10, S\1/2\SW\1/4\NE\1/4\SW\1/4\, SE\1/
4\NE\1/4\SW\1/4\, S\1/2\NE\1/4\NW\1/4\SE\1/4\, S\1/2\NW\1/4\NW\1/
4\SE\1/4\, S\1/2\NE\1/4\SE\1/4\SW\1/4\, S\1/2\NE\1/4\SW\1/4\SE\1/4\,
NW\1/4\SW\1/4\SE\1/4\, N\1/2\SW\1/4\SW\1/4\SE\1/4\, S\1/2\SW\1/
4\SW\1/4\NW\1/4\, SE\1/4\SW\1/4\NW\1/4\, SW\1/4\SE\1/4\NW\1/4\, N\1/
2\SW\1/4\SE\1/4\SW\1/4\, S\1/2\SE\1/4\SE\1/4\SW\1/4\.
Consisting of 31 parcels containing approximately 167.5 acres in
Clark County.
Maps delineating the individual proposed sale parcels and current
appraisals for each parcel are available for public review at the LVFO,
and online at: http://www.propertydisposal.gsa.gov.
In addition to the lands described herein, other parcels that have
been previously noticed for sale, but did not sell, may be offered at
this sale.
Terms and Conditions
Minerals for each parcel would be reserved in accordance with BLM's
approved Mineral Potential Report dated January 22, 1999. Information
pertaining to the reservation of minerals is specific to each parcel.
That is, some will be reserved and some will be conveyed. This
information is located in the case file and available for public review
by visiting the BLM LVFO.
For those parcels for which the minerals will be conveyed, an offer
to purchase these listed parcels would constitute an application for
mineral conveyance. In conjunction with the final payment, an applicant
for ``no known value'' mineral parcels would be required to pay a $50
non-refundable filing fee for processing the conveyance of the ``no
known value'' mineral interests which will be sold simultaneously with
the surface interests.
Registration for oral bidding for those who have not pre-registered
would begin at 8 a.m., PDT, November 1, 2007, and end at 10 a.m., PDT.
Other deadline dates for the receipt of payments, and arranging for
certain payments to be made by electronic transfer, are specified in
the proposed terms and conditions of sale.
The following numbered terms and conditions would appear on the
conveyance documents for these parcels, as follows:
1. All parcels described above will have discretionary leasable and
saleable mineral deposits on the lands in Clark County, if any,
reserved to the United States, in accordance with BLM's approved
Mineral Potential Report, dated January 22, 1999. 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. All parcels are subject to valid existing rights.
4. All purchasers/patentees, by accepting a patent, covenant and
agree 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 patentees or their
employees, agents, contractors, or lessees, or any third party, arising
out of or in connection with the patentees' 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 patentees and their employees, agents, contractors, or lessees,
or any third party, arising out of or in connection with the use and/or
occupancy of the patented real property which has already resulted or
does hereafter result in: (1) Violations of Federal, State, and local
laws and regulations that are now or may in the future become,
applicable to the real property; (2) Judgments, claims or demands of
any kind assessed against the United States; (3) Costs, expenses, or
damages of any kind incurred by the United States; (4) Releases or
threatened releases of solid or hazardous waste(s) and/or hazardous
substances(s), as defined by Federal or State environmental laws, off,
on, into or under land, property and other interests of the United
States; (5) Activities by which solid waste or hazardous substances or
waste, as defined by Federal and State environmental laws are
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 parcels of land patented or otherwise conveyed by the United
States, and may be enforced by the United States in a court of
competent jurisdiction.
5. 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 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.
Parcels may also be subject to applications received prior to
publication of this NORA if processing the application would have no
adverse affect on the marketability or the federally approved FMV of a
parcel. Encumbrances that may appear on the BLM public files for the
parcels proposed for sale are available for review during business
hours, 7:30 a.m. PDT to 4:30 p.m. PDT, Monday through Friday, at the
BLM LVFO.
Pursuant to 43 CFR 2800, BLM will notify valid existing rights-of-
way holders of their ability to convert their compliant rights-of-way
to perpetual rights-of-way or easements. Each valid holder will be
notified in writing of their rights and then must apply for the
conversion of their current authorization.
All parcels are subject to reservations for roads, public utilities
and flood control purposes in accordance with the local governing
entities' transportation plans.
No representation, warranty, or covenant of any kind, express or
implied, is given or made by the United States as to 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
any parcel will not be on a contingency basis. However, to the extent
required by law, all parcels are subject to the requirements of section
120(h) of the CERCLA.
Sealed bids under 43 CFR 2711.3-1(c) may be submitted for any
parcel. Sealed bids must be received at the BLM LVFO no later than 4:30
p.m., PDT, October 26, 2007. Sealed bid envelopes must be marked on the
lower front left corner with the BLM Serial Number for the parcel and
the sale date. Bids must be for not less than the federally approved
FMV, and a separate bid must be submitted for each parcel.
As required by 43 CFR 2711.3-1(c), each sealed bid shall be
accompanied by a certified check, postal money order, bank draft, or
cashier's check made payable in U.S. dollars to the order of the Bureau
of Land Management, for not less than 10 percent or more than 30
percent of the amount bid. The highest qualifying sealed bid for each
parcel
[[Page 46657]]
will become the starting bid at the oral auction. If no sealed bids are
received, oral bidding will begin at the FMV, as determined by the
authorized officer. All sealed bids will be opened and recorded at 2
p.m. PDT on October 30, 2007, at the BLM office on 4701 N. Torrey Pines
Drive in Las Vegas.
Interested parties who will not be bidding at the public auction
are not required to register and may proceed directly to the Clark
County Commission Chambers. If seating becomes limited, bidders will
have seating preference.
All oral bidders are required to register. Registration for oral
bidding will begin at 8 a.m. PDT on the day of the sale and end at 10
a.m. PDT that day. Bidders are encouraged to pre-register by mail or
fax by completing the form located in the sale packet. The form is also
available at the BLM LVFO and online at: http://www.auctionrp.com.
Prior to receiving a bidder number on the day of the sale, all
registered bidders must submit a certified check, bank draft, postal
money order, or cashier's check in the amount of $10,000. This is a bid
guarantee. The check must be made payable in U.S. dollars to the order
of the Bureau of Land Management. On the day of the sale, pre-
registered bidders may go to the express registration desk, present
their photo identification and proof of citizenship, the required
$10,000 bid guarantee and receive a bidder number. Bidders that have
not pre-registered must go to the standard registration line where
additional information will be requested including photo
identification, proof of citizenship, and the required $10,000 bid
guarantee. On completion of registration a bidder number will be
assigned.
At auction, the highest qualifying bid for any parcel will be
declared the apparent high bid. 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 p.m. PDT on the day of the sale either in the form
of cash (U.S. dollars), a personal check, bank draft, cashier's check,
postal money order or any combination thereof, made payable in U.S.
dollars to the order of the Bureau of Land Management. The deposit must
be delivered no later than 3 p.m. PDT the day of the sale to the BLM
collection officers at the Clark County Commission Chambers. Deposits
will not be accepted at the BLM LVFO.
Following the auction, all monies submitted with sealed bids and
bid guarantees will be returned to the unsuccessful bidders upon
presentation of photo identification at the designated area. If the
apparent high bidder so chooses, the bid guarantee may be applied to
the required deposit. Failure to submit the deposit following the sale
under 43 CFR 2711.3-1(d) will result in forfeiture of the bid
guarantee. If a bidder offers to purchase more than one parcel and
fails to submit the bid deposit following the sale on any single
parcel, BLM will retain the bid guarantee and may cancel the sale of
all of the parcels for which a bidder is declared the apparent high
bidder.
The remainder of the full bid price for each parcel must be paid
within 180 calendar days of the competitive sale date, April 30, 2008,
in the form of a certified check, postal money order, bank draft, or
cashier's check made payable in U.S. dollars to the order of the Bureau
of Land Management. Personal checks will not be accepted. Arrangements
for electronic fund transfer to BLM for the balance due on or before
April 30, 2008, shall be made a minimum of 2 weeks prior to the date
you wish to make payment. Failure to pay the full price within the 180
days will disqualify the apparent high bidder and cause the entire 20
percent deposit to be forfeited to the BLM. Forfeiture of the 20
percent deposit is by operation of 43 CFR 2711.3-1(d). No exceptions
will be made. BLM cannot accept the full price at any time following
the 180th day after the sale.
Within 30 days of the sale, BLM will either accept or reject all
bids received. Under 43 CFR 2711.3-1, a bid is the bidder's offer to
BLM to purchase the parcel. No contractual or other rights against the
United States may accrue until BLM officially accepts the offer to
purchase, and the full bid price is submitted by the 180th day
following the sale. BLM will mail ``High Bidder Declared'' letters the
day after the sale informing bidders whether their offer to purchase
has been accepted or rejected by BLM. All name changes and supporting
documentation must be received at BLM by 4:30 p.m. PST, December 3,
2007. Otherwise, the patent will be issued to the name on the bidder
statement completed at the sale on November 1, 2007. No name changes
will be accepted after 4:30 p.m. PST, December 3, 2007. To change the
name, high bidders must notify the BLM LVFO in writing and re-submit a
new bidder statement (available at BLM) completed by the intended
patentee.
BLM will not sign any documents related to 1031 Exchange
transactions. The timing for completion of the exchange is the bidder's
responsibility in accordance with Internal Revenue Service regulations.
BLM is not a party to any 1031 Exchange.
Requests for BLM escrow instructions must be received by BLM prior
to 30 days before the bidder's scheduled closing date. There are no
exceptions.
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 the BLM authorized officer, consummation of the
sale would be inconsistent with any law, or for other reasons.
Federal law requires bidders to be U.S. citizens 18 years of age or
older; a corporation subject to the laws of any State or of the United
States; a State, State Instrumentality or political subdivision
authorized to hold property or an entity legally capable of conveying
lands or interests therein under the laws of the State of Nevada.
Registered bidders must provide to BLM, on the day of the sale, proof
of citizenship, or proof of current corporate or partnership status in
good standing filed within the United States. Citizenship is evidenced
by presenting a birth certificate, passport, or immigration/
naturalization papers. Failure to submit the above requested documents
will result in denial of registration.
If not sold, any parcel described above in this NORA may be
identified for sale at a later date without further legal notice.
Unsold parcels may be offered for sale in a future online Internet
auction. Internet auction procedures will be available at http://www.auctionrp.com.
If unsold on the Internet, parcels may be put up for
sale at future oral and online Internet auctions without additional
legal notice.
Upon publication of this NORA and until the completion of the sale,
the BLM is no longer accepting land use applications affecting any
parcel identified for sale, including parcels that have been published
in a previous NORA. However, land use applications may be considered
after completion of the sale for parcels that are not sold through oral
or online Internet auction procedures provided the authorization will
not adversely affect the marketability or value of the parcel.
In order to determine the value, through appraisal, of the parcels
of land proposed to be sold, certain assumptions may have been made of
the attributes and limitations of the lands and potential effects of
local regulations and policies on potential future land uses. Through
publication of this NORA, the Bureau of Land Management
[[Page 46658]]
gives notice 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 projected use 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 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.
The SNPLMA parcels proposed for sale were analyzed in the ``Las
Vegas Land Disposal Boundary Environmental Impact Statement,'' approved
December 23, 2004, which is available for public review at the BLM
LVFO. Twenty-six parcels being offered were previously analyzed through
EAs and approved for sale. Copies of the applicable EAs for N-78190, N-
79698, N-79699, N-80681 through N-80684SB, N-80690, N-80692, N-80719,
N-80730 through N-80736, N-80739, N-81906 through N-81909, N-81951, N-
81969, N-81970 and N-81978 are available for review upon request at the
BLM LVFO. The BLM LVFO sales team will assist with identifying the
legal description corresponding to each sale parcel serial number. The
remaining five parcels are analyzed in an EA (NV-2007-201) for this
sale, which tiers to the EIS approved December 23, 2004. Upon
publication of this NORA, this EA is available for public review and
comment at the BLM LVFO. BLM will be accepting public comment on EA
(NV-2007-201) for the 5 parcels for 45 days after publication of this
Notice of Realty Action in the Federal Register.
Other information concerning the sale, including the appraisals,
reservations, sale procedures and conditions, CERCLA and other
environmental documents will be available for review at the BLM LVFO,
or by calling (702) 515-5000 and asking to speak to a member of the
sales team. Most of this information will also be available on the
Internet at: http://propertydisposal.gsa.gov.
Public Comments
The general public and interested parties may submit written
comments regarding the proposed sale or the specified EA (NV-2007-201)
to the Field Manager, BLM LVFO, up to October 5, 2007. Only written
comments submitted by postal service or overnight mail to the Field
Manager, BLM LVFO will be considered properly filed. E-mail, facsimile
or telephone comments will not be considered as properly filed.
Before including your address, phone number, e-mail 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.
(Authority: 43 CFR 2711.1-2)
Angie Lara,
Acting Field Manager.
[FR Doc. E7-16438 Filed 8-20-07; 8:45 am]
BILLING CODE 4310-HC-P