83_FR_31899 83 FR 31768 - Notice of Realty Action: Competitive Sale of 20 Parcels of Public Land in Clark County, NV; Termination of Recreation and Public Purposes Classification

83 FR 31768 - Notice of Realty Action: Competitive Sale of 20 Parcels of Public Land in Clark County, NV; Termination of Recreation and Public Purposes Classification

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 83, Issue 131 (July 9, 2018)

Page Range31768-31770
FR Document2018-14673

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.

Federal Register, Volume 83 Issue 131 (Monday, July 9, 2018)
[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)]
[Notices]
[Pages 31768-31770]
From the Federal Register Online  [www.thefederalregister.org]
[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



                                                31768                            Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices

                                                1601 et seq.), and the National Mining                   FOR FURTHER INFORMATION CONTACT:     Joe              T. 22 S, R. 60 E,
                                                and Minerals Policy Act of 1970 (30                      Fields by email: jfields@blm.gov, or by                 Section 18, lot 36 and
                                                U.S.C. 21(a)).                                           telephone: 702–515–5194. For general                      W1⁄2SW1⁄4SE1⁄4SW1⁄4;
                                                                                                                                                               N–79927, 5.00 acres
                                                                                                         information on previous BLM public                    T. 22 S, R. 60 E,
                                                Michael J. Magyar,
                                                                                                         land sales go to: https://www.blm.gov/                  Section 28, N1⁄2SE1⁄4SW1⁄4NE1⁄4.
                                                Associate Director, National Minerals                    snplma. Persons who use a
                                                Information Center.                                                                                            N–94549, 2.50 acres
                                                                                                         telecommunications device for the deaf                T. 22 S, R. 61 E,
                                                [FR Doc. 2018–14617 Filed 7–6–18; 8:45 am]
                                                                                                         (TDD) may call the Federal Information                  Section 29, SW1⁄4SW1⁄4SE1⁄4SW1⁄4.
                                                BILLING CODE 4338–11–P                                   Relay Service (FRS) at 1–800–877–8339                 N–95754, 2.50 acres
                                                                                                         to contact the above individual during                T. 23 S, R. 61 E,
                                                                                                                                                                 Section 17, SE1⁄4SE1⁄4SW1⁄4NE1⁄4.
                                                                                                         normal business hours. The FRS is
                                                DEPARTMENT OF THE INTERIOR                                                                                     N–95755, 1.25 acres
                                                                                                         available 24 hours a day, 7 days a week,              T. 19 S, R. 59 E,
                                                Bureau of Land Management                                to leave a message or question with the                 Section 24, S1⁄2SE1⁄4NE1⁄4SE1⁄4SW1⁄4.
                                                                                                         above individual. You will receive a
                                                                                                                                                                  The areas described contain 87.50
                                                                                                         reply during normal business hours.
                                                [LLNVS00560 L58530000 EU0000 241A; 14–                                                                         acres.
                                                08807; MO #4500118045; TAS: 17X]                         SUPPLEMENTARY INFORMATION: Nineteen                      The BLM will also publish this Notice
                                                                                                         parcels are within Clark County                       once a week for three consecutive weeks
                                                Notice of Realty Action: Competitive                     jurisdiction and one parcel is within                 in the Las Vegas Review-Journal. A sales
                                                Sale of 20 Parcels of Public Land in                     City of Las Vegas jurisdiction. Some of               matrix is available on the BLM website
                                                Clark County, NV; Termination of                         the parcels are located in the northwest              at: https://www.blm.gov/snplma. The
                                                Recreation and Public Purposes                           part of the Valley near U.S. Highway 95               sales matrix provides information
                                                Classification                                           and I–215 Beltway and some are located                specific to each sale parcel such as legal
                                                                                                         in the southwest part of the Valley.                  description, physical location,
                                                AGENCY:   Bureau of Land Management,                        The subject public lands are legally
                                                Interior.                                                                                                      encumbrances, acreage, and FMV. The
                                                                                                         described as:                                         FMV for each parcel is available in the
                                                ACTION: Notice of realty action.                                                                               sales matrix and the appraisal reports no
                                                                                                         Mount Diablo Meridian, Nevada
                                                SUMMARY:   The Bureau of Land                            N–80692, 5.00 acres                                   later than 30 days prior to the sale.
                                                Management (BLM) proposes to offer 20                    T. 19 S, R. 60 E,                                        The sale is in conformance with the
                                                parcels of public land totaling 87.5 acres                 Section 30, lot 22;                                 BLM Las Vegas Resource Management
                                                in the Las Vegas Valley (Valley) by                      N–80695, 5.00 acres                                   Plan decision LD–1, approved on
                                                competitive sale, at not less than the
                                                                                                         T. 19 S, R. 60 E,                                     October 5, 1998. The Las Vegas Valley
                                                                                                           Section 30, W1⁄2SE1⁄4NE1⁄4SW1⁄4;                    Disposal Boundary Environmental
                                                appraised Fair Market Values (FMV)                       N–80701, 5.00 acres
                                                pursuant to the Southern Nevada Public                                                                         Impact Statement and Record of
                                                                                                         T. 19 S, R. 60 E,                                     Decision issued on December 23, 2004
                                                Land Management Act of 1998                                Section 30, E1⁄2SW1⁄4NW1⁄4SE1⁄4;
                                                (SNPLMA), as amended. The sale will                      N–80710, 5.00 acres
                                                                                                                                                               analyzed the sale parcels. A parcel-
                                                be subject to the applicable provisions                  T. 19 S, R. 60 E,                                     specific Determination of National
                                                of Section 203 of the Federal Land                         Section 31, W1⁄2NE1⁄4SE1⁄4NE1⁄4.                    Environmental Policy Act Adequacy
                                                Policy and Management Act of 1976                        N–95744, 5.00 acres                                   (DNA), document number DOI–BLM–
                                                (FLPMA) and BLM land sale                                T. 19 S, R. 59 E,                                     NV–S010–2018–0023–DNA, was
                                                regulations. The BLM is also
                                                                                                           Section 25, W1⁄2SE1⁄4NE1⁄4SE1⁄4;                    prepared in connection with this Notice
                                                                                                         N–95745, 2.50 acres                                   of Realty Action.
                                                terminating portions of the Recreation                   T. 19 S, R. 59 E,                                        Submit comments on this sale notice
                                                and Public Purposes (R&PP)                                 Section 25, NE1⁄4SE1⁄4NE1⁄4SE1⁄4.                   to the address in the ADDRESSES section.
                                                Classification and Segregation of three                  N–95746, 5.00 acres                                   Before including your address, phone
                                                parcels of land in Clark County.                         T. 22 S, R. 60 E,
                                                                                                           Section 9, W1⁄2NE1⁄4SE1⁄4SE1⁄4;
                                                                                                                                                               number, email address, or other
                                                DATES: Interested parties may submit                                                                           personally identifiable information (PII)
                                                written comments regarding the sale                      N–95747, 5.00 acres
                                                                                                         T. 22 S, R. 60 E,                                     in your comment, you should be aware
                                                until August 23, 2018. The sale, by                        Section 9, E1⁄2NE1⁄4SE1⁄4SE1⁄4;                     that your entire comment—including
                                                sealed bid and oral public auction, will                 N–95748, 5.00 acres                                   any PII—may be made publicly
                                                occur on September 27, 2018, at City of                  T. 22 S, R. 60 E,                                     available at any time. While you can ask
                                                North Las Vegas, Council Chambers,                         Section 9, W1⁄2SE1⁄4SE1⁄4SE1⁄4;                     the BLM in your comment to withhold
                                                2250 Las Vegas Boulevard North, North                    N–95749, 2.50 acres                                   your PII from public review, we cannot
                                                Las Vegas, Nevada 89030 at 10:00 a.m.,                   T. 22 S, R. 60 E,                                     guarantee that we will be able to do so.
                                                Pacific Time. The FMV for the parcels                      Section 9, NE1⁄4SE1⁄4SE1⁄4SE1⁄4;                       Sale procedures: Registration for oral
                                                will be available 30 days prior to the                   N–95750, 2.50 acres
                                                                                                         T. 22 S, R. 60 E,
                                                                                                                                                               bidding will begin at 9:00 a.m. Pacific
                                                sale. The BLM will start accepting                                                                             Time and will end at 10:00 a.m. Pacific
                                                                                                           Section 9, SE1⁄4SE1⁄4SE1⁄4SE1⁄4;
                                                sealed bids beginning September 17,                      N–94200, 5.00 acres                                   Time at the City of North Las Vegas,
                                                2018. Sealed bids must be received at                    T. 22 S, R. 60 E,                                     Council Chambers, 2250 Las Vegas
                                                the BLM, Las Vegas Field Office (LVFO)                     Section 13, W1⁄2SE1⁄4NE1⁄4NE1⁄4;                    Boulevard North, North Las Vegas,
                                                no later than 4:30 p.m. Pacific Time on                  N–95751, 10.00 acres                                  Nevada 89030, on the day of the sale,
                                                September 24, 2018. The BLM will open                    T. 22 S, R. 60 E,                                     September 27, 2018. There will be no
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                                                sealed bids on the day of the sale just                    Section 17, NE1⁄4SE1⁄4NE1⁄4;                        prior registration before the sale date. To
                                                prior to the oral bidding.                               N–95752, 1.25 acres                                   participate in the competitive sale, all
                                                                                                         T. 22 S, R. 60 E,
                                                ADDRESSES: Mail written comments and
                                                                                                           Section 17, N1⁄2SE1⁄4SW1⁄4NE1⁄4SW1⁄4;
                                                                                                                                                               registered bidders must submit a bid
                                                submit sealed bids to the BLM LVFO,                      N–81950, 2.50 acres                                   guarantee deposit in the amount of
                                                Assistant Field Manager, 4701 North                      T. 22 S, R. 60 E,                                     $10,000 by certified check, postal
                                                Torrey Pines Drive, Las Vegas, NV                          Section 17, SW1⁄4SE1⁄4SW1⁄4SW1⁄4;                   money order, bank draft, or cashier’s
                                                89130.                                                   N–95753, 10.00 acres                                  check made payable to the Department


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                                                                                 Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices                                            31769

                                                of the Interior—Bureau of Land                           the form of a certified check, postal                 laws and from operation under the
                                                Management on the day of the sale or                     money order, bank draft, or cashier’s                 mineral leasing and geothermal leasing
                                                submit the bid guarantee deposit along                   check made payable in U.S. dollars to                 laws until such time as the Secretary of
                                                with the sealed bids. The public sale                    the ‘‘Department of the Interior—Bureau               the Interior (Secretary) terminates the
                                                auction will be through sealed and oral                  of Land Management.’’ Funds must be                   withdrawal or the lands are patented.
                                                bids. Sealed bids will be opened and                     delivered at the Bureau of Land                          Terms and Conditions: All minerals
                                                recorded on the day of the sale to                       Management, Las Vegas Field Office,                   for the sale parcels will be reserved to
                                                determine the high bids among the                        4701 North Torrey Pines Drive, Las                    the United States. The patents, when
                                                qualified bids received. Sealed bids                     Vegas, Nevada 89130 no later than 3:30                issued, will contain a mineral
                                                above the FMV will set the starting                      p.m. Pacific Time on the day of the sale              reservation to the United States for all
                                                point for oral bidding on a parcel.                      to the BLM Collection Officers. The                   minerals.
                                                Parcels that receive no qualified sealed                 BLM will send the successful bidder(s)                   In response to requests to clarify this
                                                bids will begin at the established FMV.                  a high-bidder letter with detailed                    mineral reservation as it relates to
                                                Bidders who are participating and                        information for full payment.                         mineral materials, such as sand and
                                                attending the oral auction on the day of                    All bid guarantee deposits submitted               gravel, we refer interested parties to the
                                                the sale are not required to submit a                    with unsuccessful bids will be returned               regulations at 43 CFR 3601.71(b), which
                                                sealed bid but may choose to do so.                      to the bidders or their authorized                    provides that the owner of the surface
                                                   Sealed-bid envelopes must be clearly                  representative upon presentation of                   estate of lands with reserved federal
                                                                                                         acceptable photo identification at the                minerals may ‘‘use a minimal amount of
                                                marked on the lower front left corner
                                                                                                         sale location, the BLM–LVFO, or by                    mineral materials for . . . personal use’’
                                                with the parcel number and name of the
                                                                                                         certified mail. The apparent high bidder              within the boundaries of the surface
                                                sale, for example: ‘‘N–XXXXX, 20-parcel
                                                                                                         may choose to apply the bid guarantee                 estate without a sales contract or permit.
                                                SNPLMA 2018 Fall Sale.’’ If multiple
                                                                                                         towards the required deposit. Failure to              The regulation provides that all other
                                                sealed bids are submitted, only the
                                                                                                         submit the 20 percent deposit following               use, absent statutory or other express
                                                envelope that contains the bid guarantee
                                                                                                         the close of the sale under 43 CFR                    authority, requires a sales contract or
                                                needs to be noted with ‘‘bid guarantee.’’
                                                                                                         2711.3–1(d) will result in forfeiture of              permit. We refer interested parties to the
                                                Sealed bids must include an amount not
                                                                                                         the bid guarantee. If the successful                  explanation of this regulatory language
                                                less than 20 percent of the total bid
                                                                                                         bidder offers to purchase more than one               in the preamble to the final rule
                                                amount and the $10,000 bid guarantee
                                                                                                         parcel and fails to submit the 20 percent             published in the Federal Register in
                                                noted above by certified check, postal                   bid deposit resulting in default on any
                                                money order, bank draft, or cashier’s                                                                          2001, which stated that minimal use
                                                                                                         single parcel following the sale, the                 ‘‘would not include large-scale use of
                                                check made payable to the ‘‘Department                   BLM will retain the $10,000.00 bid
                                                of the Interior—Bureau of Land                                                                                 mineral materials, even within the
                                                                                                         guarantee, and may cancel the sale of all
                                                Management.’’ The bid guarantee and                                                                            boundaries of the surface estate’’ (66 FR
                                                                                                         the parcels to that bidder. If a high
                                                bid deposit may be combined into one                                                                           58894). Further explanation is
                                                                                                         bidder is unable to consummate the
                                                form of deposit; the bidder must specify                                                                       contained in BLM Instruction
                                                                                                         transaction for any reason, the second
                                                the amounts of the bid deposit and the                                                                         Memorandum No. 2014–085 (April 23,
                                                                                                         highest bid may be considered to
                                                bid guarantee. If multiple sealed bids                                                                         2014), available on BLM’s website at
                                                                                                         purchase the parcel. If there are no
                                                are submitted, the first sealed bid of the                                                                     https://www.blm.gov/policy/im-2014-
                                                                                                         acceptable bids, a parcel may remain
                                                group must include the $10,000 bid                                                                             085.
                                                                                                         available for sale at a future date in
                                                guarantee with the same bidder name.                     accordance with competitive sale                         The parcels are subject to limitations
                                                The BLM will not accept personal or                      procedures without further legal notice.              prescribed by law and regulation, and
                                                company checks. The sealed-bid                              Federal law requires that bidders                  certain encumbrances in favor of third
                                                envelope must contain the 20 percent                     must be: (1) A citizen of the United                  parties. Prior to patent issuance, a
                                                bid deposit, bid guarantee, and a                        States 18 years of age or older; (2) a                holder of any Right-of-Way (ROW)
                                                completed and signed ‘‘Certificate of                    corporation subject to the laws of any                within the sale parcels will have the
                                                Eligibility’’ form stating the name,                     state or of the United States; (3) a state,           opportunity to amend the ROW for
                                                mailing address, and telephone number                    instrumentality, or political subdivision             conversion to a new term, including
                                                of the entity or person submitting the                   authorized to hold property; or (4) an                perpetuity, if applicable, or conversion
                                                bid. Certificate of Eligibility and                      entity legally capable of conveying and               to an easement. The BLM will notify
                                                registration forms are available at the                  holding lands or interests therein under              valid existing ROW holders of record of
                                                BLM LVFO at the address listed in the                    the laws of the State of Nevada.                      their ability to convert their compliant
                                                ADDRESSES section and on the BLM                            Evidence of United States citizenship              ROWs to perpetual ROWs or easements.
                                                website at: https://www.blm.gov/                         is a birth certificate, passport, or                  In accordance with federal regulations
                                                snplma. Pursuant to 43 CFR 2711.3–                       naturalization papers. The high bidder                at 43 CFR 2807.15, once notified, each
                                                1(c), if two or more sealed-bid envelopes                must submit proof of citizenship within               valid holder may apply for the
                                                containing valid bids of the same                        25 days from receipt of the high-bidder               conversion of their current
                                                amount are received, oral bidding will                   letter. Citizenship documents and                     authorization.
                                                start at the sealed-bid amount. If there                 Articles of Incorporation (as applicable)                The following numbered terms and
                                                are no oral bids on the parcel, the                      must be provided to the BLM–LVFO for                  conditions will appear on the
                                                authorized officer will determine the                    each sale. The successful bidder is                   conveyance documents for the sale
                                                winning bidder. Bids for less than the                                                                         parcels:
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                                                                                                         allowed 180 days from the date of the
                                                federally approved FMV will not be                       sale to submit the remainder of the full                 1. All minerals deposits in the lands
                                                qualified. The highest qualifying bid for                purchase price.                                       so patented, and to it, or persons
                                                any parcel will be declared the high bid.                   According to SNPLMA as amended,                    authorized by it, the right to prospect
                                                The apparent high bidder must submit                     Public Law 105–263 section 4(c), lands                for, mine, and remove such deposits
                                                a deposit of not less than 20 percent of                 identified within the Las Vegas Valley                from the same under applicable law and
                                                the successful bid amount by 3:30 p.m.                   Disposal Boundary are withdrawn from                  regulations to be established by the
                                                Pacific Time on the day of the sale in                   location and entry under the mining                   Secretary are reserved to the United


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                                                31770                            Federal Register / Vol. 83, No. 131 / Monday, July 9, 2018 / Notices

                                                States, together with all necessary                      The BLM will not accept personal or                   be endorsed or approved by units of
                                                access and exit rights;                                  company checks.                                       local government.
                                                   2. A ROW is reserved for ditches and                     Arrangements for electronic fund                     It is the buyer’s responsibility to be
                                                canals constructed by authority of the                   transfer to the BLM for payment of the                aware of all applicable federal, state,
                                                United States under the Act of August                    balance due must be made a minimum                    and local government laws, regulations
                                                30, 1890 (43 U.S.C. 945);                                of two weeks prior to the payment date.               and policies that may affect the subject
                                                   3. The parcels are subject to valid                   Failure to pay the full bid price within              lands, including any required
                                                existing rights;                                         180 days of the sale date will disqualify             dedication of lands for public uses. It is
                                                   4. The parcels are subject to                         the high bidder and cause the entire 20               also the buyer’s responsibility to be
                                                reservations for road, public utilities,                 percent bid deposit to be forfeited to the            aware of existing or prospective uses of
                                                and flood control purposes, both                         BLM. Forfeiture of the 20 percent bid                 nearby properties. When conveyed out
                                                existing and proposed, in accordance                     deposit is in accordance with 43 CFR                  of federal ownership, the lands will be
                                                with the local governing entities’                       2711.3–1(d). There are no exceptions.                 subject to any applicable laws,
                                                transportation plans; and                                The BLM can only accept the remainder                 regulations, and policies of the
                                                   5. An appropriate indemnification                     of the full bid price up to 180 days after            applicable local government for
                                                clause protecting the United States from                 the sale date.                                        proposed future uses. It is the
                                                claims arising out of the lessee’s/                         The BLM will not sign any documents                responsibility of the purchaser to be
                                                patentee’s use, occupancy, or                            related to 1031 Exchange transactions.                aware through due diligence of those
                                                occupations on the leased/patented                       The timing for completion of such an                  laws, regulations, and policies, and to
                                                lands.                                                   exchange is the bidder’s responsibility.              seek any required local approvals for
                                                                                                         The BLM cannot be a party to any 1031                 future uses. Buyers should make
                                                   Pursuant to the requirements
                                                                                                         Exchange.                                             themselves aware of any federal or state
                                                established by Section 120(h) of the                        In accordance with 43 CFR 2711.3–
                                                Comprehensive Environmental                                                                                    law or regulation that may impact the
                                                                                                         1(f), the BLM may accept or reject any                future use of the property. Any land
                                                Response, Compensation and Liability                     or all offers to purchase, or withdraw
                                                Act, 42 U.S.C. 9620(h) (CERCLA), as                                                                            lacking access from a public road or
                                                                                                         any parcel of land or interest therein                highway will be conveyed as such, and
                                                amended, notice is hereby given that the                 from sale within 30 days, if the BLM                  future access acquisition will be the
                                                lands have been examined and no                          authorized officer determines                         responsibility of the buyer.
                                                evidence was found to indicate that any                  consummation of the sale would be                       Termination of R&PP Classification
                                                hazardous substances have been stored                    inconsistent with any law, or for other               and Segregation: Additionally, portions
                                                for one year or more, nor had any                        reasons as may be provided by                         of the following leases granted under
                                                hazardous substances been disposed of                    applicable law or regulations. No                     the R&PP Act, (43 U.S.C 869 et seq.)
                                                or released on the subject property.                     contractual or other rights against the               have been relinquished: N–76692 (71 FR
                                                   No warranty of any kind, express or                   United States may accrue until the BLM                20724) and N–63292 (65 FR 14613).
                                                implied, is given by the United States as                officially accepts the offer to purchase              This Notice officially terminates the
                                                to the title, whether or to what extent                  and the full bid price is paid.                       R&PP Classification and Segregation of
                                                the land may be developed, its physical                     Upon publication of this Notice and                the parcels located in Mount Diablo
                                                condition, future uses, or any other                     until completion of this sale, the BLM                Meridian, T. 19 S, R. 59 E, section 24,
                                                circumstance or condition. The                           will no longer accept land use                        SE1⁄4NE1⁄4SE1⁄4SW1⁄4 and
                                                conveyance of a parcel will not be on a                  applications affecting the parcel                     S1⁄2SW1⁄4SE1⁄4NW1⁄4SE1⁄4; section 25,
                                                contingency basis. However, to the                       identified for sale. However, land use                NE1⁄4SE1⁄4NE1⁄4SE1⁄4, but does not serve
                                                extent required by law, the parcel is                    applications may be considered after the              as an opening order because the parcels
                                                subject to the requirements of Section                   sale if the parcel is not sold. The parcel            are within the disposal boundary set by
                                                120(h) of the CERCLA.                                    may be subject to land use applications               Congress in SNPLMA. Section 4(c) of
                                                   BLM–LVFO must receive the request                     received prior to publication of this                 SNPLMA withdrew these parcels,
                                                for escrow instructions prior to 30 days                 Notice if processing the application                  subject to valid existing rights, from
                                                before the prospective patentee’s                        would have no adverse effect on the                   entry and appropriation under the
                                                scheduled closing date. There are no                     marketability of title, or the FMV of the             public land laws, location and entry
                                                exceptions.                                              parcel. Information concerning the sale,              under the mining laws and from
                                                   All name changes and supporting                       encumbrances of record, appraisals,                   operation under the mineral leasing and
                                                documentation must be received at the                    reservations, procedures and conditions,              geothermal leasing laws, until such time
                                                BLM–LVFO 30 days from the date on                        CERCLA, and other environmental                       as the Secretary terminates the
                                                the high-bidder letter by 4:30 p.m.                      documents that may appear in the BLM                  withdrawal or the lands are patented.
                                                Pacific Time. There are no exceptions.                   public files for the proposed sale parcels              Any comments regarding the
                                                To submit a name change, the apparent                    are available for review during business              proposed sale will be reviewed by the
                                                high bidder must submit the name                         hours, 8:00 a.m. to 4:30 p.m. Pacific                 BLM Nevada State Director or other
                                                change in writing on the Certificate of                  Time, Monday through Friday, at the                   authorized official of the Department of
                                                Eligibility form to the BLM–LVFO.                        BLM–LVFO, except during federal                       the Interior, who may sustain, vacate, or
                                                   The remainder of the full bid price for               holidays.                                             modify this realty action in response to
                                                the parcel must be received no later                        In order to determine the FMV                      such comments. In the absence of any
                                                than 4:30 p.m. Pacific Time, within 180                  through appraisal, certain extraordinary              comments, this realty action will
                                                days following the day of the sale.                      assumptions and hypothetical                          become the final determination of the
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                                                Payment must be submitted in the form                    conditions may have been made                         Department of the Interior.
                                                of a certified check, postal money order,                concerning the attributes and                           Authority: 43 CFR 2711.1–2.
                                                bank draft, cashier’s check, or made                     limitations of the lands and potential
                                                available by electronic fund transfer                    effects of local regulations and policies             Vanessa L. Hice,
                                                made payable in U.S. dollars to the                      on potential future land uses. Through                Assistant Field Manager, Division of Land.
                                                ‘‘Department of the Interior—Bureau of                   publication of this Notice, the BLM                   [FR Doc. 2018–14673 Filed 7–6–18; 8:45 am]
                                                Land Management’’ to the BLM–LVFO.                       advises that these assumptions may not                BILLING CODE 4310–HC–P




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Document Created: 2018-07-07 00:42:20
Document Modified: 2018-07-07 00:42:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionCompetitive Sale of 20 Parcels of Public Land in Clark County, NV; Termination of Recreation and Public Purposes Classification
DatesInterested 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.
ContactJoe 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.
FR Citation83 FR 31768 

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