81 FR 49256 - Notice of Realty Action: Competitive Sale of 16 Parcels of Public Land in Clark County, NV

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 81, Issue 144 (July 27, 2016)

The Bureau of Land Management (BLM) proposes to offer 16 parcels of public land totaling 182.93 acres in the Las Vegas Valley by competitive sale, at not less than the appraised fair market values (FMV). The BLM is proposing to offer the parcels for sale 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.

[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Notices]
[Pages 49256-49259]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17753]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVS00560 L58530000 EU0000 241A;14-08807; MO#4500092822; TAS: 
16X]


Notice of Realty Action: Competitive Sale of 16 Parcels of Public 
Land in Clark County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Land Management (BLM) proposes to offer 16 
parcels of public land totaling 182.93 acres in the Las Vegas Valley by 
competitive sale, at not less than the appraised fair market values 
(FMV). The BLM is proposing to offer the parcels for sale 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 September 12, 2016. The sale by sealed bid and oral public 
auction will occur on November 30, 2016, at Clark County Government 
Center, Clark County Commission Chambers, 500 South Grand Central 
Parkway, Las Vegas, Nevada, 89155 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 November 16, 2016. Sealed bids 
must be received by the BLM, Las Vegas Field Office (LVFO) no later 
than 4:30 p.m. Pacific Time on November 25, 2016.
    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,

[[Page 49257]]

Assistant Field Manager, 4701 North Torrey Pines Drive, Las Vegas, NV 
89130.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez by email: 
[email protected], or by telephone: 702-515-5069. General information 
on previous BLM public land sales can be found at: http://www.blm.gov/nv/st/en/snplma/Land_Auctions.html. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 to contact the above 
individual during normal business hours. The FIRS 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: The BLM proposes to offer 16 parcels of 
public land in the southwest and southeast areas of the Las Vegas 
Valley. Fourteen of the parcels are located in the southwest part of 
the valley, south of Beltway 215 and west of Interstate 15 and one 
parcel is located east of Interstate 15 and south of St. Rose near Las 
Vegas Boulevard and Roban Avenue. The last parcel is located northeast 
of Cheyenne Avenue and Hualapai Way.
    The subject public lands are legally described as:

Mount Diablo Meridian, Nevada

    N-94534, 12.50 acres:

T. 22 S., R. 60 E.,
    Sec. 14, SE\1/4\NE\1/4\SW\1/4\SW\1/4\, W\1/2\NE\1/4\SW\1/4\SW\1/
4\, E\1/2\NW\1/4\SW\1/4\SW\1/4\.

    N-94535, 5.00 acres:

T. 22 S., R. 60 E.,
    Sec. 14, W\1/2\NW\1/4\SE\1/4\SW\1/4\.

    N-94536, 2.50 acres:

T. 22 S., R. 60 E.,
    Sec. 14, NW\1/4\SE\1/4\SW\1/4\SW\1/4\.

    N-94537, 2.50 acres:

T. 22 S., R. 60 E.,
    Sec. 16, NE\1/4\NE\1/4\SE\1/4\SE\1/4\.

    N-94538, 10.00 acres:

T. 22 S., R. 60 E.,
    Sec. 19, SW\1/4\NW\1/4\SE\1/4\.

    N-94539, 25.00 acres:

T. 22 S., R. 60 E.,
    Sec. 21, SW\1/4\NW\1/4\NE\1/4\NE\1/4\, NW\1/4\SW\1/4\NE\1/
4\NE\1/4\, NE\1/4\NW\1/4\NE\1/4\, N\1/2\SE\1/4\NW\1/4\NE\1/4\, SE\1/
4\NW\1/4\NW\1/4\NE\1/4\, NE\1/4\SW\1/4\NW\1/4\NE\1/4\.

    N-94540, 2.50 acres:

T. 22 S., R. 60 E.,
    Sec. 22, SE\1/4\NE\1/4\SE\1/4\NW\1/4\.

    N-94541, 2.50 acres:

T. 22 S., R. 60 E.,
    Sec. 22, NE\1/4\SE\1/4\SE\1/4\NW\1/4\.

    N-94542, 37.50 acres:

T. 22 S., R. 60 E.,
    Sec. 22, NW\1/4\NW\1/4\NE\1/4\NE\1/4\, N\1/2\NE\1/4\NW\1/4\NE\1/
4\, SE\1/4\NE\1/4\NW\1/4\NE\1/4\, S\1/2\NW\1/4\NE\1/4\, S\1/2\NW\1/
4\NW\1/4\NE\1/4\, NW\1/4\NW\1/4\NW\1/4\NE\1/4\.

    N-94543, 15.00 acres:

T. 22 S., R. 60 E.,
    Sec. 22, W\1/2\NE\1/4\SW\1/4\NE\1/4\, N\1/2\NW\1/4\SE\1/4\SW\1/
4\NE\1/4\, S\1/2\NW\1/4\SW\1/4\NE\1/4\, N\1/2\NE\1/4\SW\1/4\SW\1/
4\NE\1/4\, NW\1/4\SW\1/4\SW\1/4\NE\1/4\.

    N-94544, 1.25 acres:

T. 22 S., R. 60 E.,
    Sec. 24, E\1/2\SE\1/4\NE\1/4\NW\1/4\NE\1/4\.

    N-94545, 25.00 acres:

T. 22 S., R. 60 E.,
    Sec. 30, NE\1/4\NE\1/4\NE\1/4\, NE\1/4\SE\1/4\NE\1/4\NE\1/4\, 
S\1/2\SE\1/4\NE\1/4\NE\1/4\, N\1/2\NE\1/4\SE\1/4\NE\1/4\, SW\1/
4\NE\1/4\SE\1/4\NE\1/4\.

    N-94549, 2.50 acres:

T. 22 S., R. 61 E.,
    Sec. 29, SW\1/4\SW\1/4\SE\1/4\SW\1/4\.

    N-94550, 30.00 acres:

T. 22 S., R. 61 E.,
    Sec. 30, SE\1/4\SE\1/4\SE\1/4\, N\1/2\SW\1/4\SE\1/4\SE\1/4\, 
SW\1/4\NW\1/4\SE\1/4\SE\1/4\, SW\1/4\SW\1/4\SE\1/4\SE\1/4\, SE\1/
4\NE\1/4\SW\1/4\SE\1/4\, NE\1/4\SE\1/4\SW\1/4\SE\1/4\, W\1/2\SE\1/
4\SW\1/4\SE\1/4\.

    N-94551, 3.75 acres:

T. 23 S., R. 61 E.,
    Sec. 17, NE\1/4\NE\1/4\NW\1/4\SE\1/4\, E\1/2\NW\1/4\NE\1/4\NW\1/
4\SE\1/4\.

    N-94552, 5.43 acres:

T. 20 S., R. 60 E.,
    Sec. 7, lot 32.

    The areas described aggregate 182.93 acres.

    A sales matrix is available on the BLM Web site at: http://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 by the BLM and no 
later than 30 days prior to the sale.
    This competitive sale is in conformance with the BLM Las Vegas 
Resource Management Plan and decision LD-1, approved by Record of 
Decision on October 5, 1998, and complies with Section 203 of FLPMA. 
The land is not needed for any Federal purpose, and its disposal is in 
the public interest. The Las Vegas Valley Disposal Boundary 
Environmental Impact Statement analyzed the sale parcels and Record of 
Decision on December 23, 2004. A parcel-specific Determination of 
National Environmental Policy Act Adequacy document numbered DOI-BLM-
NV-S010-2016-0056-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 Clark County 
Government Center, Clark County Commission Chambers, 500 South Grand 
Central Parkway, Las Vegas, Nevada, 89155, on the day of the sale, 
November 30, 2016. 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, 16-parcel SNPLMA Fall Sale 2016.'' 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

[[Page 49258]]

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: http://www.blm.gov/nv/st/en/snplma/Land_Auctions.html. 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 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 Clark 
County Government Center, Clark County Commission Chambers, 500 South 
Grand Central Parkway, Las Vegas, Nevada, 89155. 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 BLM may offer the parcel to the second 
highest bidder. 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, 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, section 4(c) of Public Law 105-263, 
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 times 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.
    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. To clarify 
mineral reservations as it relate 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 also refer 
interested parties to the explanation of this regulatory language in 
the preamble to the final rule published in the Federal Register on 
November 23, 2001 (66 FR 58891), which stated that minimal use ``would 
not include large-scale use of mineral materials, even within the 
boundaries of the surface estate.'' Further explanation is contained in 
BLM Instruction Memorandum No. 2014-085 (April 23, 2014), available on 
BLM's Web site at http://www.blm.gov/wo/st/en/info/regulations/Instruction_Memos_and_Bulletins/national_instruction/2014/im_2014-085__unauthorized.html.
    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 
easement. 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 lessees/patentee's use, 
occupancy, or occupations on the leased/patented lands will be included 
in the patents issued.
    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

[[Page 49259]]

hazardous substances have been stored for 1 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.
    Unless the BLM authorized officer approved other satisfactory 
arrangements in advance, conveyance of title will be through escrow. 
Designation of the escrow agent will be through mutual agreement 
between the BLM and the prospective patentee, and costs of escrow will 
be borne by the prospective patentee.
    The BLM-LVFO must receive the request for escrow instructions prior 
to 30 days before the prospective patentee has 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 prior to the expiration 
of the 180th day 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). No 
exceptions will be made. The BLM cannot accept the remainder of the bid 
price after the 180th day of 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), within 30 days the BLM may 
accept or reject any or all offers to purchase, or withdraw any parcel 
of land 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 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. 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 affect 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.

Frederick Marcell,
Acting Assistant Field Manager, Division of Lands.
[FR Doc. 2016-17753 Filed 7-26-16; 8:45 am]
BILLING CODE 4310-HC-P