[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)]
[Notices]
[Pages 31768-31770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14673]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNVS00560 L58530000 EU0000 241A; 14-08807; MO #4500118045; TAS: 17X]
Notice of Realty Action: Competitive Sale of 20 Parcels of Public
Land in Clark County, NV; Termination of Recreation and Public Purposes
Classification
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 20
parcels of public land totaling 87.5 acres in the Las Vegas Valley
(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. The
BLM is also terminating portions of the Recreation and Public Purposes
(R&PP) Classification and Segregation of three parcels of land in Clark
County.
DATES: Interested parties may submit written comments regarding the
sale until August 23, 2018. The sale, by sealed bid and oral public
auction, will occur on September 27, 2018, at City of North Las Vegas,
Council Chambers, 2250 Las Vegas Boulevard North, North Las Vegas,
Nevada 89030 at 10:00 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 September 17, 2018. Sealed bids must be received
at the BLM, Las Vegas Field Office (LVFO) no later than 4:30 p.m.
Pacific Time on September 24, 2018. 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.
FOR FURTHER INFORMATION CONTACT: Joe Fields by email: [email protected],
or by telephone: 702-515-5194. 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
Information 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: Nineteen parcels are within Clark County
jurisdiction and one parcel is within City of Las Vegas jurisdiction.
Some of the parcels are located in the northwest part of the Valley
near U.S. Highway 95 and I-215 Beltway and some are located in the
southwest part of the Valley.
The subject public lands are legally described as:
Mount Diablo Meridian, Nevada
N-80692, 5.00 acres
T. 19 S, R. 60 E,
Section 30, lot 22;
N-80695, 5.00 acres
T. 19 S, R. 60 E,
Section 30, W\1/2\SE\1/4\NE\1/4\SW\1/4\;
N-80701, 5.00 acres
T. 19 S, R. 60 E,
Section 30, E\1/2\SW\1/4\NW\1/4\SE\1/4\;
N-80710, 5.00 acres
T. 19 S, R. 60 E,
Section 31, W\1/2\NE\1/4\SE\1/4\NE\1/4\.
N-95744, 5.00 acres
T. 19 S, R. 59 E,
Section 25, W\1/2\SE\1/4\NE\1/4\SE\1/4\;
N-95745, 2.50 acres
T. 19 S, R. 59 E,
Section 25, NE\1/4\SE\1/4\NE\1/4\SE\1/4\.
N-95746, 5.00 acres
T. 22 S, R. 60 E,
Section 9, W\1/2\NE\1/4\SE\1/4\SE\1/4\;
N-95747, 5.00 acres
T. 22 S, R. 60 E,
Section 9, E\1/2\NE\1/4\SE\1/4\SE\1/4\;
N-95748, 5.00 acres
T. 22 S, R. 60 E,
Section 9, W\1/2\SE\1/4\SE\1/4\SE\1/4\;
N-95749, 2.50 acres
T. 22 S, R. 60 E,
Section 9, NE\1/4\SE\1/4\SE\1/4\SE\1/4\;
N-95750, 2.50 acres
T. 22 S, R. 60 E,
Section 9, SE\1/4\SE\1/4\SE\1/4\SE\1/4\;
N-94200, 5.00 acres
T. 22 S, R. 60 E,
Section 13, W\1/2\SE\1/4\NE\1/4\NE\1/4\;
N-95751, 10.00 acres
T. 22 S, R. 60 E,
Section 17, NE\1/4\SE\1/4\NE\1/4\;
N-95752, 1.25 acres
T. 22 S, R. 60 E,
Section 17, N\1/2\SE\1/4\SW\1/4\NE\1/4\SW\1/4\;
N-81950, 2.50 acres
T. 22 S, R. 60 E,
Section 17, SW\1/4\SE\1/4\SW\1/4\SW\1/4\;
N-95753, 10.00 acres
T. 22 S, R. 60 E,
Section 18, lot 36 and W\1/2\SW\1/4\SE\1/4\SW\1/4\;
N-79927, 5.00 acres
T. 22 S, R. 60 E,
Section 28, N\1/2\SE\1/4\SW\1/4\NE\1/4\.
N-94549, 2.50 acres
T. 22 S, R. 61 E,
Section 29, SW\1/4\SW\1/4\SE\1/4\SW\1/4\.
N-95754, 2.50 acres
T. 23 S, R. 61 E,
Section 17, SE\1/4\SE\1/4\SW\1/4\NE\1/4\.
N-95755, 1.25 acres
T. 19 S, R. 59 E,
Section 24, S\1/2\SE\1/4\NE\1/4\SE\1/4\SW\1/4\.
The areas described contain 87.50 acres.
The BLM will also publish this Notice once a week for three
consecutive weeks in the Las Vegas Review-Journal. A sales matrix is
available on the BLM website 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 is available in the sales matrix and the appraisal
reports 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-S010-2018-0023-
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 personally identifiable information (PII) in your comment, you
should be aware that your entire comment--including any PII--may be
made publicly available at any time. While you can ask the BLM in your
comment to withhold your PII from public review, we cannot guarantee
that we will be able to do so.
Sale procedures: Registration for oral bidding will begin at 9:00
a.m. Pacific Time and will end at 10:00 a.m. Pacific Time at the City
of North Las Vegas, Council Chambers, 2250 Las Vegas Boulevard North,
North Las Vegas, Nevada 89030, on the day of the sale, September 27,
2018. 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
[[Page 31769]]
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, 20-parcel SNPLMA 2018 Fall 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 website at: https://www.blm.gov/snplma. 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 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 amount by 3:30 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 at the Bureau of Land Management, Las Vegas Field Office,
4701 North Torrey Pines Drive, Las Vegas, Nevada 89130 no later than
3:30 p.m. Pacific Time on the day of the sale to the BLM Collection
Officers. The BLM will send the successful bidder(s) a high-bidder
letter with detailed information for full payment.
All bid guarantee deposits submitted with unsuccessful bids will be
returned to the bidders or their authorized representative upon
presentation of acceptable photo identification at the sale location,
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 20 percent 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 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. The high bidder must submit proof
of citizenship within 25 days from receipt of the high-bidder letter.
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 of the Interior (Secretary) terminates the
withdrawal or the lands are patented.
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 58894). Further explanation
is contained in BLM Instruction Memorandum No. 2014-085 (April 23,
2014), available on BLM's website at https://www.blm.gov/policy/im-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 ROWs to perpetual ROWs 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 are reserved to the United
[[Page 31770]]
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. 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 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.
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, 8:00 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.
Termination of R&PP Classification and Segregation: Additionally,
portions of the following leases granted under the R&PP Act, (43 U.S.C
869 et seq.) have been relinquished: N-76692 (71 FR 20724) and N-63292
(65 FR 14613). This Notice officially terminates the R&PP
Classification and Segregation of the parcels located in Mount Diablo
Meridian, T. 19 S, R. 59 E, section 24, SE\1/4\NE\1/4\SE\1/4\SW\1/4\
and S\1/2\SW\1/4\SE\1/4\NW\1/4\SE\1/4\; section 25, NE\1/4\SE\1/4\NE\1/
4\SE\1/4\, but does not serve as an opening order because the parcels
are within the disposal boundary set by Congress in SNPLMA. Section
4(c) of SNPLMA withdrew these parcels, subject to valid existing
rights, from entry and appropriation under the public land laws,
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 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 Land.
[FR Doc. 2018-14673 Filed 7-6-18; 8:45 am]
BILLING CODE 4310-HC-P