82 FR 25322 - Notice of Realty Action: Direct Sale of Public Land in Clark County, NV
DEPARTMENT OF THE INTERIOR
Bureau of Land Management Federal Register Volume 82, Issue 104 (June 1, 2017)
Bureau of Land Management
Federal Register Volume 82, Issue 104 (June 1, 2017)
| Page Range | 25322-25324 | |
| FR Document | 2017-11340 |
[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)] [Notices] [Pages 25322-25324] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11340] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLNVS01000. L71220000.EU0000. LVTFF1604850; N-94619; 11-08807; MO #4500101865; TAS: 14X1109] Notice of Realty Action: Direct Sale of Public Land in Clark County, NV AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. ----------------------------------------------------------------------- SUMMARY: The Bureau of Land Management (BLM) is proposing a non- competitive (direct) sale of 3.75 acres of public land in Clark County, Nevada, to the Tabernacle of Praise Church, Inc. (Church) pursuant to the Southern Nevada Public Land Management Act of 1998 (SNPLMA), as amended, to resolve an unauthorized use of public lands. 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 appraised fair market value for the sale parcel is $280,000. DATES: Interested parties may submit written comments regarding this direct sale until July 17, 2017. 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: Manuela Johnson, Supervisory Realty Specialist, BLM Las Vegas Field Office at 702-515-5224. 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: The parcel is located in the City of Las Vegas on the corner of Buffalo Drive and Constantinople Avenue and is legally described as: Mount Diablo Meridian, Nevada T. 20 S., R. 60 E., Sec. 10, N\1/2\SW\1/4\NW\1/4\NW\1/4\NW\1/4\ and SE\1/4\NW\1/ 4\NW\1/4\NW\1/4\. The area described contains 3.75 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. The sale complies with Section 203 of FLPMA. Consistent with Section 203 of FLPMA, a tract of public land may be sold where, as a result of approved land use planning, sale of the tract meets the disposal criteria of that section: The tract is difficult and uneconomic to manage because of its location or other characteristics, such as the subject's history of use or current level of development, and is not suitable for management by another Federal department or agency. The subject parcel of land is located in a residential and commercial area. The lands proposed for the direct sale are not needed for Federal purposes and the United States has no present interest in the property. A parcel-specific Determination of National Environmental Policy Act Adequacy (DNA) document numbered DOI-BLM-NV-S010-2016-0104- DNA was prepared in connection with this Notice of Realty Action. The land also meets the criteria for direct sale under FLPMA, Section 203(a)(3) and 43 CFR 2711.3-3(a), [[Page 25323]] ``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 pursuant to 43 CFR 2711.3-3. The direct sale would not change the status quo in that no other land uses are expected for these lands and, pursuant to 43 CFR 2711.3-3(a)(5), a need exists to resolve inadvertent unauthorized use or occupancy of the lands. The Church previously held a lease under the Recreation and Public Purposes (R&PP) Act of June 14, 1926. The R&PP Act authorizes the lease or sale of public lands to qualified nonprofit organizations. However, the R&PP Act lease expired and went into default after a number of years. The property is developed and the BLM has declared an unauthorized use of occupancy of the public lands. In accordance with 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, 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. The Church 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 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. The segregative effect of this Notice terminates upon issuance of a patent or other document of conveyance to such lands. 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. 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 regulation 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 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 (Nov. 23, 2001). Further explanation is contained in BLM Instruction Memorandum No. 2014-085 (April 23, 2014), available on the BLM's Web site at https://www.blm.gov/policy/im-2014-085. The public land would not be offered for sale to the Church until at least July 31, 2017, at the appraised fair market value of $280,000. A copy of the approved appraisal report is available at the address above. The patent, when issued to the Church (which will become the patentee), will be subject to the following terms, conditions, and reservations: 1. 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); 2. 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; 3. The parcel is subject to reservations for road, public utilities and flood control purposes, both existing and proposed, in accordance with the local governing entities' transportation plans; 4. The parcel is subject to all valid existing rights; 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 land has been examined and no evidence was found to indicate that any hazardous substances have been stored for 1 year or more, nor had 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 Church'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 Church'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 Church to be aware through due diligence of those laws, regulations, and policies, and to seek any required local approvals for future uses. The Church 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 access acquisition will be the responsibility of the Church. The Church will have until 4:30 p.m., Pacific Standard Time (PST), 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 Church 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 two 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 [[Page 25324]] 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 during business hours, 7:30 a.m. to 4:30 p.m. PST, 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 July 31, 2017. 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 personal identifying information in your comment, be advised 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 from public review your personal identifying 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. Nicollee Gaddis, Acting Assistant Field Manager, Division of Lands. [FR Doc. 2017-11340 Filed 5-31-17; 8:45 am] BILLING CODE 4310-HC-P
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Policy of the Service (January 20, 2016); B harassment of small numbers of DATES: Interested parties may submit
(2) the Alaska Native Relations Policy Pacific walruses and polar bears during written comments regarding this direct
(currently in draft form); (3) Executive cable-laying activities in the marine sale until July 17, 2017.
Order 13175 (January 9, 2000); (4) waters of Alaska and impacted coastal ADDRESSES: Mail written comments to
Department of the Interior Secretarial communities, as described in this the BLM Las Vegas Field Office,
Orders 3206 (June 5, 1997), 3225 document and in the applicant’s Assistant Field Manager, 4701 North
(January 19, 2001), 3317 (December 1, petition. We neither anticipate nor Torrey Pines Drive, Las Vegas, NV
2011), and 3342 (October 21, 2016); (5) propose authorization for intentional 89130.
the Alaska Government-to-Government take or take by injury or death. If issued, FOR FURTHER INFORMATION CONTACT:
Policy (a Department of the Interior this IHA will be effective immediately Manuela Johnson, Supervisory Realty
(DOI) memorandum issued January 18, after the date of issuance through Specialist, BLM Las Vegas Field Office
2001); and (6) the DOI’s policies on November 15, 2017.
consultation with Alaska Native tribes at 702–515–5224. Persons who use a
If issued, this IHA will also telecommunications device for the deaf
and organizations, incorporate the mitigation, monitoring,
Alaska Natives have a long history of (TDD) may call the Federal Relay
and reporting requirements described in Service (FRS) at 1–800–877–8339 to
self-regulation, based on the need to this proposal. The applicant will be
ensure a sustainable take of marine contact the above individual during
expected and required to implement normal business hours. The FRS is
mammals for food and handicrafts. Co- and fully comply with those
management promotes full and equal available 24 hours a day, 7 days a week,
requirements. If the nature or level of to leave a message or question with the
participation by Alaska Natives in activity changes or exceeds that
decisions affecting the subsistence above individual. You will receive a
described in this proposal and in the reply during normal business hours.
management of marine mammals (to the IHA petition, or the nature or level of
maximum extent allowed by law) as a SUPPLEMENTARY INFORMATION: The parcel
take exceeds that projected in this is located in the City of Las Vegas on the
tool for conserving marine mammal proposal, the Service will reevaluate its
populations in Alaska. To facilitate co- corner of Buffalo Drive and
findings. The Service may modify, Constantinople Avenue and is legally
management activities, the Service suspend, or revoke the authorization if
maintains cooperative agreements with described as:
the findings are not accurate or the
the EWC and the Qayassiq Walrus Mount Diablo Meridian, Nevada
mitigation, monitoring, and reporting
Commission. We are currently seeking a
requirements described herein are not T. 20 S., R. 60 E.,
partner for co-management of polar Sec. 10, N1⁄2SW1⁄4NW1⁄4NW1⁄4NW1⁄4 and
being met.
bears. These cooperative relationships SE1⁄4NW1⁄4NW1⁄4NW1⁄4.
help support a wide variety of Dated: May 1, 2017.
The area described contains 3.75 acres.
management activities, including co- Gregory E. Siekaniec
management operations, biological Regional Director, Alaska Region. This sale is in conformance with the
sampling programs, harvest monitoring, BLM Las Vegas Resource Management
[FR Doc. 2017–11381 Filed 5–31–17; 8:45 am]
collection of Native knowledge in Plan decisions LD–1 and LD–2,
BILLING CODE 4333–15–P
management, international coordination approved on October 5, 1998. The Las
on management issues, cooperative Vegas Valley Disposal Boundary
enforcement of the MMPA, and DEPARTMENT OF THE INTERIOR Environmental Impact Statement and
development of local conservation Record of Decision issued on December
plans. To help realize mutual Bureau of Land Management 23, 2004, analyzed the sale parcel. The
management goals, the Service meets sale complies with Section 203 of
regularly with our co-management [LLNVS01000. L71220000.EU0000.
FLPMA. Consistent with Section 203 of
partners to discuss future expectations LVTFF1604850; N–94619; 11–08807; MO FLPMA, a tract of public land may be
and outline a shared vision of co- #4500101865; TAS: 14X1109] sold where, as a result of approved land
management. use planning, sale of the tract meets the
We have evaluated possible effects of Notice of Realty Action: Direct Sale of disposal criteria of that section: The
the proposed activities on federally Public Land in Clark County, NV tract is difficult and uneconomic to
recognized Alaska Native tribes and manage because of its location or other
organizations. Through the IHA process AGENCY: Bureau of Land Management, characteristics, such as the subject’s
identified in the MMPA, the applicant Interior. history of use or current level of
has presented a communication process, ACTION: Notice of realty action. development, and is not suitable for
culminating in a POC with the Native management by another Federal
organizations and communities most SUMMARY: The Bureau of Land department or agency. The subject
likely to be affected by their work. Management (BLM) is proposing a non- parcel of land is located in a residential
Quintillion has engaged these groups in competitive (direct) sale of 3.75 acres of and commercial area. The lands
numerous informational meetings. public land in Clark County, Nevada, to proposed for the direct sale are not
Through these various interactions the Tabernacle of Praise Church, Inc. needed for Federal purposes and the
and partnerships, we have determined (Church) pursuant to the Southern United States has no present interest in
that the issuance of this proposed IHA Nevada Public Land Management Act of the property. A parcel-specific
is permissible. We invite continued 1998 (SNPLMA), as amended, to resolve Determination of National
discussion, either about the project and an unauthorized use of public lands. Environmental Policy Act Adequacy
mstockstill on DSK30JT082PROD with NOTICES
its impacts, or about our coordination The sale will be subject to the (DNA) document numbered DOI–BLM–
and information exchange throughout applicable provisions of Section 203 of NV–S010–2016–0104–DNA was
the IHA/POC process. the Federal Land Policy and prepared in connection with this Notice
Management Act of 1976 (FLPMA) and of Realty Action.
Proposed Authorization BLM land sale regulations. The The land also meets the criteria for
We propose to issue an IHA for the appraised fair market value for the sale direct sale under FLPMA, Section
incidental, unintentional take by Level parcel is $280,000. 203(a)(3) and 43 CFR 2711.3–3(a),
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![25324 Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices
applicable law or regulations. No INTERNATIONAL TRADE the second five-year reviews by
contractual or other rights against the COMMISSION Commerce and the Commission,
United States may accrue until the BLM effective July 20, 2012, Commerce
[Investigation Nos. 731–TA–865–867 (Third
officially accepts the offer to purchase issued a continuation of the
Review)]
and the full price is paid. antidumping duty orders on imports of
Stainless Steel Butt-Weld Pipe Fittings stainless steel butt-weld pipe fittings
The parcel may be subject to land use
From Italy, Malaysia, and the from Italy, Malaysia, and the
applications received prior to Philippines (77 FR 42697). The
publication of this Notice if processing Philippines; Institution of Five-Year
Reviews Commission is now conducting third
the application would have no adverse reviews pursuant to section 751(c) of the
effect on the marketability of title, or the AGENCY: United States International Act, as amended (19 U.S.C. 1675(c)), to
fair market value of the parcel. Trade Commission. determine whether revocation of the
Information concerning the sale, ACTION: Notice. orders would be likely to lead to
encumbrances of record, appraisals, continuation or recurrence of material
reservations, procedures, and SUMMARY: The Commission hereby gives injury to the domestic industry within
conditions, CERCLA, and other notice that it has instituted reviews a reasonably foreseeable time.
environmental documents that may pursuant to the Tariff Act of 1930 (‘‘the Provisions concerning the conduct of
appear in the BLM public files for the Act’’), as amended, to determine this proceeding may be found in the
sale parcel is available for review during whether revocation of the antidumping Commission’s Rules of Practice and
business hours, 7:30 a.m. to 4:30 p.m. duty orders on stainless steel butt-weld Procedure at 19 CFR parts 201, subparts
PST, Monday through Friday, at the pipe fittings from Italy, Malaysia, and A and B and 19 CFR part 207, subparts
BLM-Las Vegas Field Office, except the Philippines would be likely to lead A and F. The Commission will assess
during Federal holidays. to continuation or recurrence of material the adequacy of interested party
injury. Pursuant to the Act, interested responses to this notice of institution to
The parcel of land will not be offered parties are requested to respond to this determine whether to conduct full or
for sale prior to July 31, 2017. Only notice by submitting the information expedited reviews. The Commission’s
written comments submitted by postal specified below to the Commission. determinations in any expedited
service or overnight mail will be DATES: Effective June 1, 2017. To be reviews will be based on the facts
considered as properly filed. Electronic assured of consideration, the deadline available, which may include
mail, facsimile, or telephone comments for responses is July 3, 2017. Comments information provided in response to this
will not be considered. on the adequacy of responses may be notice.
Submit comments on this sale Notice filed with the Commission by August Definitions.—The following
to the address in the ADDRESSES section. 14, 2017. definitions apply to these reviews:
(1) Subject Merchandise is the class or
Before including your address, phone FOR FURTHER INFORMATION CONTACT:
kind of merchandise that is within the
number, email address, or other Mary Messer (202–205–3193), Office of
scope of the five-year reviews, as
personal identifying information in your Investigations, U.S. International Trade
defined by Commerce.
comment, be advised that your entire Commission, 500 E Street SW., (2) The Subject Countries in these
comment—including your personal Washington, DC 20436. Hearing- reviews are Italy, Malaysia, and the
identifying information—may be made impaired persons can obtain Philippines.
publicly available at any time. While information on this matter by contacting (3) The Domestic Like Product is the
you can ask us in your comment to the Commission’s TDD terminal on 202– domestically produced product or
withhold from public review your 205–1810. Persons with mobility products which are like, or in the
personal identifying information, we impairments who will need special absence of like, most similar in
cannot guarantee that we will be able to assistance in gaining access to the characteristics and uses with, the
Commission should contact the Office Subject Merchandise. In its original
do so.
of the Secretary at 202–205–2000. determinations, its full first five-year
Any adverse comments regarding the General information concerning the review determinations, and its
sale will be reviewed by the BLM Commission may also be obtained by expedited second five-year review
Nevada State Director or other accessing its internet server (https:// determinations, the Commission
authorized official of the Department of www.usitc.gov). The public record for defined the Domestic Like Product as all
the Interior, who may sustain, vacate, or this proceeding may be viewed on the stainless steel butt-weld pipe fittings
modify this realty action in response to Commission’s electronic docket (EDIS) coextensive with Commerce’s scope.
such comments. In the absence of any at https://edis.usitc.gov. (4) The Domestic Industry is the U.S.
comments, this realty action will SUPPLEMENTARY INFORMATION: producers as a whole of the Domestic
become the final determination of the Background.—On February 23, 2001, Like Product, or those producers whose
Department of the Interior. the Department of Commerce collective output of the Domestic Like
Authority: 43 CFR 2711. (‘‘Commerce’’) issued antidumping duty Product constitutes a major proportion
orders on imports of stainless steel butt- of the total domestic production of the
Nicollee Gaddis, weld pipe fittings from Italy, Malaysia, product. In its original determinations,
Acting Assistant Field Manager, Division of and the Philippines (66 FR 11257). the Commission defined the Domestic
Lands. Following first five-year reviews by Industry as all domestic producers of
mstockstill on DSK30JT082PROD with NOTICES
[FR Doc. 2017–11340 Filed 5–31–17; 8:45 am] Commerce and the Commission, stainless steel butt-weld pipe fittings,
BILLING CODE 4310–HC–P
effective December 11, 2006, Commerce although one domestic producer was
issued a continuation of the excluded from the domestic industry
antidumping duty orders on imports of under the related parties provision. In
stainless steel butt-weld pipe fittings its full first five-year review
from Italy, Malaysia, and the determinations and its expedited second
Philippines (71 FR 71530). Following five-year review determinations, the
VerDate Sep<11>2014 18:32 May 31, 2017 Jkt 241001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\01JNN1.SGM 01JNN1](https://thefederalregister.org/doc/82_FR_25426/page/3.svg)
Document Created: 2017-06-01 03:05:02
Document Modified: 2017-06-01 03:05:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Direct Sale of Public Land in Clark County, NV | |
| Dates | Interested parties may submit written comments regarding this direct sale until July 17, 2017. | |
| Contact | Manuela Johnson, Supervisory Realty Specialist, BLM Las Vegas Field Office at 702-515-5224. 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. | |
| FR Citation | 82 FR 25322 |
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