Notice of Realty Action; Non-Competitive Sale in the Las Vegas Valley, 28883-28884 [E6-7544]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management
• Land Management Bureau

[Federal Register Volume 71, Number 96 (Thursday, May 18, 2006)]
[Notices]
[Pages 28883-28884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7544]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-056-7122-EU-F-686; N-79047]


Notice of Realty Action; Non-Competitive Sale in the Las Vegas 
Valley

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) proposes to sell a 1.556 
acre triangular parcel of public land in the northwest portion of the 
Las Vegas Valley, Nevada, to the owner of lands adjoining two sides of 
the parcel. The third side is bounded by a street right-of-way. The 
adjoining private owner has requested that the parcel be sold to him by 
direct sale at not less than the appraised market value of the land.

DATES: On or before July 3, 2006, interested parties may submit 
comments concerning the proposed sale to the BLM Field Manager, Las 
Vegas Field Office, at the address stated below.

ADDRESSES: Las Vegas Field Office, Bureau of Land Management, 4701 N. 
Torrey Pines Drive, Las Vegas, NV 89130.

FOR FURTHER INFORMATION CONTACT: Shawna Woods, Realty Specialist at 
(702) 515-5099.

SUPPLEMENTARY INFORMATION: Pursuant to a request of Mr. Randy Black 
Jr., the BLM proposes to sell a parcel of public land located in the 
northwest portion of the Las Vegas Metropolitan Area and further 
described below. The subject parcel contains 1.556-gross acres in the 
form of an isolated triangle, resulting from the recent realignment of 
Durango Drive, which is now a major arterial with a median and three 
lanes of traffic in each direction. The subject site is surrounded by 
land controlled by Mr. Black. Due to the development size, shape, and 
access issues, the real estate appraisal report prepared for BLM 
concluded that the highest and best use of the site would be for 
assemblage with the adjacent property controlled by Mr. Black. As part 
of a larger parcel, the subject site has greater development

[[Page 28884]]

potential and fewer limits on possible use due to size, shape and 
access. The subject parcel would be sold at not less than the fair 
market value of $546,900.00. The following described land in Clark 
County, Nevada, has been examined and found suitable for direct sale 
pursuant to section 203 of the Federal Land Policy and Management Act 
of 1976 ((FLPMA) Public Law 94-579, as amended , 43 U.S.C. 1713) and 
the Southern Nevada Public Land Management Act (SNPLMA, Pub. L. 105-
263) and 43 CFR 2711.3-3.

Mount Diablo Meridian, Nevada

T. 19 S., R 60 E.,
    Section 29, portions of the following aliquot parts: NE\1/
4\NE\1/4\NW\1/4\SE\1/4\NE\1/4\, NWA\1/4\NE\1/4\NW\1/4\SE\1/4\NE\1/
4\, NE\1/4\SW\1/4\NE\1/4\NW\1/4\SE\1/4\NE\1/4\, N\1/2\SE\1/4\NE\1/
4\NW\1/4\SE\1/4\NE\1/4\, NE\1/4\NE\1/4\NW\1/4\NW\1/4\SE\1/4\NE\1/4\, 
NW\1/4\NE\1/4\NW\1/4\NW\1/4\SE\1/4\NE\1/4\, NE\1/4\SW\1/4\NE\1/
4\NW\1/4\NW\1/4\SE\1/4\NE\1/4\, N\1/2\SE\1/4\NE\1/4\NW\1/4\NW\1/
4\SE\1/4\NE\1/4\, N\1/2\NE\1/4\NW\1/4\NW\1/4\NW\1/4\SE\1/4\NE\1/4\, 
NE\1/4\NW\1/4\NW\1/4\NW\1/4\NW\1/4\SE\1/4\NE\1/4\.
    (Approximately 1.556 acres)

    This proposed action is in conformance with the Las Vegas Resource 
Management Plan, approved on October 5, 1998. The plan has been 
reviewed and it is determined the proposed action conforms with land 
use plan decision LD-1 established in accordance with section 202 of 
FLPMA, as amended (43 U.S.C. 1713). A direct sale to Mr. Randy Black, 
Jr. is being proposed, and is considered appropriate, in this case, as 
the transfer of the Federal non-mineral interest to any other entity 
would not protect existing equities of the surrounding private land 
owned by Mr. Black. A direct sale may be utilized when the tract 
identified is an integral part of a project and speculative bidding 
would jeopardize a timely completion and economic viability of the 
project, there is a need to recognize an authorized use such as an 
existing business which could suffer a substantial economic loss if the 
tract were purchased by other than the authorized user and the 
adjoining ownership pattern and access indicate a direct sale is 
appropriate. The land is not required for any Federal purpose. The sale 
will be made subject to the applicable provisions of FLPMA and the 
regulations of the Secretary of the Interior. When patented, title to 
the land will continue to be subject to the following:
    1. A reservation of a right-of-way thereon for ditches or canals 
constructed by the authority of the United States, Act of August 30, 
1890 (26 Stat. 391, 43 U.S.C. 945).
    2. A reservation to the United States of oil and gas, sodium and 
potassium and salable minerals together with the right to prospect for, 
mine and remove such deposits from the same under applicable law and 
such regulations as the Secretary of the Interior may prescribe.
    3. Valid existing rights of record, including, but not limited to 
those documented on the BLM public land records at the time of sale.
    4. Rights for a roadway granted to the City of Las Vegas, its 
successors and assigns, by BLM right-of-way No. N-74262, pursuant to 
section 501 of FLPMA (43 U.S.C. 1761).
    The patentee, by accepting a patent, covenants and agrees to 
indemnify, defend, and hold the United States harmless from any costs, 
damages, claims, causes of action, penalties, fines, liabilities, and 
judgments of any kind or nature arising from the past, present, and 
future acts or omissions of the patentees or their employees, agents, 
contractors, or lessees, or any third-party, arising out of or in 
connection with the patentees' use, occupancy, or operations on the 
patented real property. This indemnification and hold harmless 
agreement includes, but is not limited to, acts and omissions of the 
patentees and their employees, agents, contractors, or lessees, or any 
third party, arising out of or in connection with the use and/or 
occupancy of the patented real property which has already resulted or 
does hereafter result in: (1) Violations of Federal, State, and local 
laws and regulations that are now or may in the future become, 
applicable to the real property; (2) Judgments, claims, or demands of 
any kind assessed against the United States; (3) Costs, expenses, or 
damages of any kind incurred by the United States; (4) Releases or 
threatened releases of solid or hazardous waste(s) and/or hazardous 
substances(s), as defined by Federal or State environmental laws, off, 
on, into or under land, property and other interests of the United 
States; (5) Activities by which solids or hazardous substances or 
wastes, as defined by Federal and State environmental laws are 
generated, released, stored, used or otherwise disposed of on the 
patented real property, and any cleanup response, remedial action or 
other actions related in any manner to said solid or hazardous 
substances or wastes; or (6) Natural resource damages as defined by 
Federal and State law. Patentee shall stipulate that it will be solely 
responsible for compliance with all applicable Federal, state and local 
environmental and regulatory provisions, throughout the life of the 
facility, including any closure and/or post-closure requirements that 
may be imposed with respect to any physical plant and/or facility upon 
the real property under any Federal, state or local environmental laws 
or regulatory provisions. This covenant shall be construed as running 
with the above described parcel of land patented or otherwise conveyed 
by the United States, and may be enforced by the United States in a 
court of competent jurisdiction.
    No warranty of any kind, express or implied is given or will be 
given by the United States as to the title, physical condition or 
potential uses of the land proposed for sale. However, to the extent 
required by law, such land is subject to the requirements of section 
120(h) of the Comprehensive Environmental Response Compensation and 
Liability Act (CERCLA), as amended (42 U.S. C. 9620(h)).
    Publication of this notice in the Federal Register temporarily 
segregates the above described land from appropriation under the public 
land laws, including the mining laws. The segregative effect of this 
notice will terminate in the future as specified in 43 CFR 2711.1-
3(c)). The above described land was previously segregated from mineral 
entry under BLM case file number N-66364, with record notation as of 
October 19, 1998. This previous segregation will terminate upon 
publication of this notice in the Federal Register.
    Detailed information concerning the proposed sale, including an 
environmental assessment and the approved appraisal report is available 
for review at the BLM Las Vegas Field Office at the address above. The 
Field Manager, BLM, Las Vegas Field Office, will review the comments of 
all interested parties concerning the sale. To be considered, comments 
must be received at the BLM Las Vegas Field Office on or before the 
date stated above in this notice for that purpose. Any adverse comments 
will be reviewed by the BLM, Nevada State Director.
    In the absence of any adverse comments, the decision will become 
effective on July 17, 2006. The lands will not be offered for sale 
until after the decision becomes effective.

(Authority: 43 CFR 2711.1-2(a)).

    Dated: February 16, 2006.
Sharon DiPinto,
Assistant Field Manager, Division of Lands, Las Vegas, NV.
 [FR Doc. E6-7544 Filed 5-17-06; 8:45 am]
BILLING CODE 4310-HC-P