Notice of Realty Action; Modified Competitive Sale of Public Lands in Clark County, NV, N-79694, 30157-30159 [E6-8046]
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cchase on PROD1PC60 with NOTICES
Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Notices
population has grown 223 percent, from
about 5 million to over 16 million
people. Because of increases in numbers
of people and panthers, urban/suburban
areas now interface with panther
habitat, increasing the possibility of
panther-human interactions.
Management guidelines are needed to
provide more definitive guidance to
respond and manage panther and
human interactions and to educate the
public about appropriate behavior when
living and recreating in panther habitat.
Three alternatives were analyzed.
Alternative A (Preferred Action)
proposes managing panther-human
interactions with an interagency
response team and an established plan
that prioritizes public safety and
evaluates each situation by analyzing
panther behavior and human activity.
Alternative B does not utilize an
interagency team or a response plan, but
responds to panther-human interactions
on a case-by-case basis without
established protocols or guidelines.
Alternative C includes a response team
and plan that differs from Alternative A
by providing rigid protocols based on
frequency of panther sightings and
proximity to human-occupied
structures, without considering panther
behavior or influences of human activity
on panther behavior. In accordance with
mandates established under the
National Environmental Policy Act, the
Fish and Wildlife Service and the
National Park Service are required to
consider a full range of reasonable
alternatives for addressing and
responding to major public issues,
management concerns, and resource
conservation opportunities associated
with issues arising from panther-human
interactions.
The Service has made a preliminary
determination that the preferred
management plan is not a major Federal
action significantly affecting the quality
of the human environment within the
meaning of Section 102(2)(C) of the
National Environmental Policy Act.
This preliminary information may be
revised due to public comments
received in response to this notice and
is based on information contained in the
Environmental Assessment.
The Service will evaluate the
comments submitted thereon to
determine whether the Environmental
Assessment meets the issuance criteria
requirements of section 10(a)(1)(B) of
the Act (16 U.S.C. 1531 et seq.). By
conducting an intra-Service section 7
consultation, the Service will also
evaluate whether issuance of the section
10(a)(1)(B) ITP would comply with
section 7 of the Act. The results of this
consultation, in combination with the
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16:42 May 24, 2006
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above findings, will be used in the final
analysis to determine whether or not to
issue the ITPs.
Application for Amendment to an
Endangered Species Permit
Applicant: Florida Fish and Wildlife
Conservation Commission, TE051553–3
The applicant requests authorization
to take (capture, harass, remove) the
Florida panther (Puma (=Felis) concolor
coryi) while implementing the
‘‘Guidelines for Living with Florida
Panthers and the Interagency Florida
Panther Response Plan.’’ The proposed
activities would occur throughout the
species’ range in Florida.
Public Comments
Authority: This notice is provided
pursuant to Section 10 of the Endangered
Species Act and National Environmental
Policy Act regulations (40 CFR 1506.6).
Dated: May 19, 2006.
Cynthia K. Dohner,
Acting Regional Director, Southeast Region.
[FR Doc. E6–8013 Filed 5–24–06; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTEROR
Bureau of Land Management
[NV–055–5853–EU]
Notice of Realty Action; Modified
Competitive Sale of Public Lands in
Clark County, NV, N–79694
Bureau of Land Management,
Department of the Interior.
ACTION: Notice of Realty Action.
AGENCY:
SUMMARY: The Bureau of Land
Management (BLM) proposes to sell
public lands within the City of North
Las Vegas in Clark County, Nevada.
These lands, consisting of 20.42 acres
more or less (10.42 acres considered
developable) have been authorized for
disposal under the Southern Nevada
Public Land Management Act of 1998
(112 Stat. 2343), as amended by the
Clark County Conservation of Public
Land and Natural Resources Act of 2002
(116 Stat. 1994) (hereinafter
‘‘SNPLMA’’). The land will be offered
for sale utilizing modified competitive
bidding procedures in accordance with
the applicable provisions of Sections
203 and 209 of the Federal Land Policy
and Management Act of 1976 (FLPMA)
(43 U.S.C. 1713 and 1719), respectively,
its implementing regulations, and in
accordance with 43 CFR 2711.3–2, and
BLM land sale and mineral conveyance
regulations at 43 CFR Parts 2710 and
2720.
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30157
Comments regarding the
proposed sale must be received by the
BLM on or before July 10, 2006.
Comments regarding the environmental
assessment (EA) must be received by the
BLM on or before July 10, 2006. Sealed
bids must be received by July 24, 2006.
ADDRESSES: Comments regarding the
proposed sale or EA should be
addressed to: Field Manager, Las Vegas
Field Office, Bureau of Land
Management, 4701 N. Torrey Pines
Drive, Las Vegas, Nevada 89103.
More detailed information regarding
the proposed sale and the land involved
may be reviewed during normal
business hours (7:30 a.m. to 4:30 p.m.)
at the Las Vegas Field Office (LVFO).
FOR FURTHER INFORMATION CONTACT: You
may contact Anna Wharton,
Supervisory Realty Specialist at (702)
515–5082 or by e-mail at
anna_wharton@nv.blm.gov. You may
also call (702) 515–5000 and ask to have
your call directed to a member of the
Sales Team.
SUPPLEMENTARY INFORMATION: 43 CFR
2711.3–2(a) states in part that ‘‘public
lands may be offered for sale utilizing
modified competitive bidding
procedures when the authorized officer
determines it is necessary to assure
equitable distribution of land among
purchasers or to recognize equitable
considerations or public policies.
(1) Modified competitive bidding
includes, but is not limited to:
(i) Offering to designated bidders the
right to meet the highest bid. Refusal or
failure to meet the highest bid shall
constitute a waiver of such bidding
provisions; or
(ii) A limitation of persons permitted
to bid on a specific tract of land offered
for sale; or
(iii) Offering to designated bidders the
right of first refusal to purchase the
lands at fair market value. Failure to
accept an offer to purchase the offered
lands within the time specified by the
authorized officer shall constitute a
waiver of this preference consideration.
(2) Factors that shall be considered in
determining when modified competitive
bidding procedures shall be used,
include but are not limited to: Needs of
State and/or local government,
adjoining landowners, historical users,
and other needs for the tract * * *.’’
The City of North Las Vegas (CNLV)
has proposed that the 20.42 acre parcel
be sold to assist in addressing critical
transportation needs adjacent to the Las
Vegas Beltway and a major project of
public importance on adjoining private
land. This small BLM parcel is vital to
the CNLV’s transportation and public
planning efforts. The adjoining
DATES:
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ownership, restricted access, and the
substantial impact of the Las Vegas
Beltway easement preclude any
development opportunities for the
subject parcel other than those
associated with the major project on the
adjacent 120 acres of private land
owned by PJ & CB LLC.
As a result of restrictions imposed by
the Las Vegas Beltway and the Beltway
exit to Losee Road, and transportation
planning by the CNLV which prohibits
ingress and egress from Lawrence Street,
access to the subject parcel is controlled
by PJ & CB LLC. However, PJ & CB LLC
is willing to enter into appropriate
transportation and access agreements
with the CNLV to allow access through
their adjoining private land as part of
development of the major project. The
size of the parcel, its isolated nature,
substantial encumbrances by the Las
Vegas Beltway and Losee Road (and the
resulting unusual dimensions of net
usable property), as well as the
restricted access severely limit uses not
associated with the major project.
At the CNLV’s request, PJ & CB LLC
is willing to purchase the parcel at not
less than fair market value subject to
modified competitive bidding
procedures. The CNLV is concerned that
open bidding, without allowing PJ & CB
LLC the right to meet the highest bid,
would preclude the opportunity to
advance the major project in an
integrated manner. Speculative bidding
would jeopardize the CNLV’s ability to
work together with PJ & CB LLC and
would impact development of the
adjacent private land to the economic
detriment of the CNLV.
On consideration of the factors
described above, which include the
transportation and development needs
of local government, the ownership and
access control by the adjoining land
owner, and the absence of identified
needs for the tract other than those
proposed by the CNLV, the authorized
officer has determined that the request
by the CNLV meets the criteria in 43
CFR 2711.3–2 and that a modified
competitive sale best serves the public
interest. The authorized officer has
determined that the method of sale will
be to offer to the designated bidder the
right to meet the highest bid in
accordance with 43 CFR 2711.3–
2(a)(1)(i), and CFR 2711.3–2(a)(2) as
described above. This notice designates
PJ & CB LLC as the one bidder with the
right to meet the highest bid.
The proposed sale is consistent with
the BLM Las Vegas Resource
Management Plan and would serve
important public objectives which
cannot be achieved prudently or
feasibly elsewhere. The land contains
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Jkt 208001
no other known public values. The
subject parcel has not been identified
for transfer to the State or any other
local government or nonprofit
organization. A map and approved
appraisal report covering the proposed
sale are available for review at the BLM,
Las Vegas Field Office, Las Vegas,
Nevada (LVFO). Sealed bids must be
received by the LVFO, at the address
listed above, not later than 60 days after
publication of this notice in the Federal
Register.
Sealed bids must be contained in an
envelope marked ‘‘Sealed bid for Parcel
N–79694’’. All bidders must submit,
with their sealed bid, a certified check,
postal money order, bank draft, or
cashier’s check made payable to the
Bureau of Land Management in an
amount not less than 10% and not more
then 30% of the appraised fair market
value (FMV), which has been
determined to be $11,775,000. If 2 or
more envelopes containing valid bids of
the same amount are received, the
determination of which is to be
considered the highest bid shall be by
supplemental sealed biddings. Bids will
be opened at the LVFO at the address
listed above within 70 days from the
publication of this Notice.
Land Proposed for Sale
Mount Diablo Meridian, Nevada
T. 19 S., R. 61 E.,
Sec. 23, Lot 12
A part of Clark County Tax Parcel No. 124–
23–501–001
The lands described above contain 20.42
acres; however approximately 10 acres are
encumbered with road rights-of-way, so only
10.42 acres may be considered useable.
In the event of a sale, conveyance of
the available mineral interests will
occur simultaneously with the sale of
the land. The mineral interests being
offered for conveyance have no known
mineral value. Acceptance of the offer to
purchase will constitute BLM’s
acceptance of an application for
conveyance of those mineral interests.
In conjunction with the final payment,
the applicant will be required to pay a
$50.00 non-refundable filing fee for
conveyance of the available mineral
interests.
Terms and Conditions of Sale
The BLM sale parcel will be offered
for sale via written sealed bid and is
subject to the following:
1. Based upon receipt of valid bids,
BLM will offer to PJ & CB LLC the right
to meet the highest bid and purchase the
lands at an amount equal to the highest
bid price, which must be not less than
the fair market value as determined by
the Secretary. If PJ & CB LLC declines
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this offer, the bidder with the highest
sealed bid price will be declared the
high bidder. Upon acceptance by BLM
of the offer to purchase, the declared
high bidder must submit 20% of the
offered bid by cash, personal check,
bank draft, money order or any
combination of the aforementioned
forms of payment made payable to the
BLM, Las Vegas Field Office, 4701
North Torrey Pines Drive, Las Vegas, NV
89103. The deposit included with the
sealed bid may be applied to the 20%
payment at the buyer’s discretion.
Failure to submit at least 20% of the
offered bid within this time frame may
result in default and the BLM may
retain the deposit submitted with the
sealed bid and the sale may be
cancelled. Prior to expiration of 180
days from the land sale offer date, the
buyer must remit the balance of the
accepted full bid price to BLM in the
form of a certified check, money order,
bank draft, or cashier’s check made
payable to the order of the Bureau of
Land Management. Personal checks will
not be accepted. Failure to pay the full
price within the 180 days will
disqualify the apparent high bidder and
cause the entire 20% deposit to be
forfeited to the BLM.
2. All discretionary leaseable and
saleable mineral deposits are reserved;
and permittees, licensees, and lessees
retain the right to prospect for, mine,
and remove such minerals owned by the
United States under applicable law and
any regulations that the Secretary of the
Interior may prescribe, including all
necessary access and exit rights.
3. A right-of-way is reserved for
ditches and canals constructed by
authority of the United States under the
Act of August 30, 1890 (43 U.S.C. 945).
4. The sale is subject to valid existing
rights. The parcel may be subject to
applications received prior to
publication of this Notice if processing
the application would have no adverse
effect on the federally approved Fair
Market Value (FMV). Upon publication
of this notice in the Federal Register,
the above described land will be
segregated from all other forms of
appropriation under the public land
laws, including the general mining laws,
except for sales and disposals under the
mineral disposal laws. This segregation
will terminate upon issuance of a patent
or 270 days from the date of this
publication, whichever occurs first.
5. The parcel is subject to reservations
for road, public utilities, and flood
control purposes in accordance with the
local governing entities’ Transportation
Plans.
6. No warranty of any kind, express or
implied, is given by the United States as
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Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Notices
to the title, physical condition, or
potential uses of the parcel of land
proposed for sale, and the conveyance
of this parcel will not be subject to any
contingencies not contained in the
Terms and Conditions section of this
Notice. However, to the extent required
by law, this parcel is subject to the
requirements of section 120(h) of the
Comprehensive Environmental
Response Compensation and Liability
Act, as amended (CERCLA) (42 U.S.C.
9620(h)).
7. All purchasers/patentees, by
accepting a patent, covenant and agree
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, 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 and/or applicable to
the use, occupancy, and or operations
therein; (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),
pollutant(s) or contaminant(s), and/or
petroleum product or derivative of a
petroleum product, 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 solid waste or
hazardous substances or waste and/or
hazardous substance(s), pollutant(s) or
contaminant(s), and/or petroleum
products or derivative of a petroleum
product, 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
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16:42 May 24, 2006
Jkt 208001
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 parcels of
land patented or otherwise conveyed by
the United States, and may be enforced
by the United States in a court of
competent jurisdiction.
8. Maps delineating the individual
proposed sale parcel are available for
public review at the BLM LVFO along
with the appraisal.
9. The BLM may accept or reject any
or all offers, or withdraw the parcel of
land or interest therein from sale, if, in
the opinion of the authorized officer,
consummation of the sale would not be
fully consistent with FLPMA or other
applicable laws or would not be in the
public interest. If not sold, the parcel
may be identified for sale at a later date
without further legal notice.
10. Federal law requires bidders to be
U.S. citizens 18 years of age or older; a
corporation subject to the laws of any
State or of the United States; a State,
State instrumentality, or political
subdivision authorized to hold property,
or an entity including, but not limited
to, associations or partnerships capable
of holding property or interests therein
under the laws of the State of Nevada.
Certification of qualification, whether of
citizenship or corporate or partnership
status, must accompany the bid deposit.
Additional Information
In order to determine the value,
through appraisal, of the parcel of land
proposed to be sold, certain
extraordinary assumptions may have
been made of the attributes and
limitations of the land and potential
effects of local regulations and policies
on potential future land uses. Through
publication of this NORA, the BLM
gives notice 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 local government policies,
laws, and regulations that would 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 projected use
of nearby properties. When conveyed
out of federal ownership, the lands will
be subject to any applicable reviews and
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30159
approvals by the respective unit of local
government for proposed future uses,
and any such reviews and approvals
will be the responsibility of the buyer.
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.
Public Comments
The BLM field Manager, Las Vegas
Field Office, 4701 North Torrey Pines
Drive, Las Vegas, Nevada 89103 will
receive the comments of the general
public and interested parties up to 45
days after publication of this Notice in
the Federal Register. Any adverse
comments will be reviewed by the State
Director, who may sustain, vacate, or
modify this realty action in whole or in
part. Any comments received during
this process, as well as the commentor’s
name and address, will be available to
the public in the administrative record
and/or pursuant to a Freedom of
Information Act request. You may
indicate for the record that you do not
wish to have your name and/or address
made available to the public. Any
determination by the BLM to release or
withhold the names and/or addresses of
those who comment will be made on a
case-by-case basis. A request from a
commentor to have their name and/or
address withheld from public release
will be honored to the extent
permissible by law.
Dated: May 2, 2006.
Sharon DiPinto,
Assistant Field Manager.
[FR Doc. E6–8046 Filed 5–24–06; 8:45 am]
BILLING CODE 4310–33–P
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Quarterly Status Report of Water
Service, Repayment, and Other WaterRelated Contract Negotiations
Bureau of Reclamation,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given of
contractual actions that have been
proposed to the Bureau of Reclamation
(Reclamation) and are new, modified,
discontinued, or completed since the
last publication of this notice on
February 23, 2006. This notice is one of
a variety of means used to inform the
public about proposed contractual
actions for capital recovery and
management of project resources and
facilities consistent with section 9(f) of
the Reclamation Project Act of 1939.
E:\FR\FM\25MYN1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 101 (Thursday, May 25, 2006)]
[Notices]
[Pages 30157-30159]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8046]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTEROR
Bureau of Land Management
[NV-055-5853-EU]
Notice of Realty Action; Modified Competitive Sale of Public
Lands in Clark County, NV, N-79694
AGENCY: Bureau of Land Management, Department of the Interior.
ACTION: Notice of Realty Action.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) proposes to sell public
lands within the City of North Las Vegas in Clark County, Nevada. These
lands, consisting of 20.42 acres more or less (10.42 acres considered
developable) have been authorized for disposal under the Southern
Nevada Public Land Management Act of 1998 (112 Stat. 2343), as amended
by the Clark County Conservation of Public Land and Natural Resources
Act of 2002 (116 Stat. 1994) (hereinafter ``SNPLMA''). The land will be
offered for sale utilizing modified competitive bidding procedures in
accordance with the applicable provisions of Sections 203 and 209 of
the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C.
1713 and 1719), respectively, its implementing regulations, and in
accordance with 43 CFR 2711.3-2, and BLM land sale and mineral
conveyance regulations at 43 CFR Parts 2710 and 2720.
DATES: Comments regarding the proposed sale must be received by the BLM
on or before July 10, 2006. Comments regarding the environmental
assessment (EA) must be received by the BLM on or before July 10, 2006.
Sealed bids must be received by July 24, 2006.
ADDRESSES: Comments regarding the proposed sale or EA should be
addressed to: Field Manager, Las Vegas Field Office, Bureau of Land
Management, 4701 N. Torrey Pines Drive, Las Vegas, Nevada 89103.
More detailed information regarding the proposed sale and the land
involved may be reviewed during normal business hours (7:30 a.m. to
4:30 p.m.) at the Las Vegas Field Office (LVFO).
FOR FURTHER INFORMATION CONTACT: You may contact Anna Wharton,
Supervisory Realty Specialist at (702) 515-5082 or by e-mail at anna_
wharton@nv.blm.gov. You may also call (702) 515-5000 and ask to have
your call directed to a member of the Sales Team.
SUPPLEMENTARY INFORMATION: 43 CFR 2711.3-2(a) states in part that
``public lands may be offered for sale utilizing modified competitive
bidding procedures when the authorized officer determines it is
necessary to assure equitable distribution of land among purchasers or
to recognize equitable considerations or public policies.
(1) Modified competitive bidding includes, but is not limited to:
(i) Offering to designated bidders the right to meet the highest
bid. Refusal or failure to meet the highest bid shall constitute a
waiver of such bidding provisions; or
(ii) A limitation of persons permitted to bid on a specific tract
of land offered for sale; or
(iii) Offering to designated bidders the right of first refusal to
purchase the lands at fair market value. Failure to accept an offer to
purchase the offered lands within the time specified by the authorized
officer shall constitute a waiver of this preference consideration.
(2) Factors that shall be considered in determining when modified
competitive bidding procedures shall be used, include but are not
limited to: Needs of State and/or local government, adjoining
landowners, historical users, and other needs for the tract * * *.''
The City of North Las Vegas (CNLV) has proposed that the 20.42 acre
parcel be sold to assist in addressing critical transportation needs
adjacent to the Las Vegas Beltway and a major project of public
importance on adjoining private land. This small BLM parcel is vital to
the CNLV's transportation and public planning efforts. The adjoining
[[Page 30158]]
ownership, restricted access, and the substantial impact of the Las
Vegas Beltway easement preclude any development opportunities for the
subject parcel other than those associated with the major project on
the adjacent 120 acres of private land owned by PJ & CB LLC.
As a result of restrictions imposed by the Las Vegas Beltway and
the Beltway exit to Losee Road, and transportation planning by the CNLV
which prohibits ingress and egress from Lawrence Street, access to the
subject parcel is controlled by PJ & CB LLC. However, PJ & CB LLC is
willing to enter into appropriate transportation and access agreements
with the CNLV to allow access through their adjoining private land as
part of development of the major project. The size of the parcel, its
isolated nature, substantial encumbrances by the Las Vegas Beltway and
Losee Road (and the resulting unusual dimensions of net usable
property), as well as the restricted access severely limit uses not
associated with the major project.
At the CNLV's request, PJ & CB LLC is willing to purchase the
parcel at not less than fair market value subject to modified
competitive bidding procedures. The CNLV is concerned that open
bidding, without allowing PJ & CB LLC the right to meet the highest
bid, would preclude the opportunity to advance the major project in an
integrated manner. Speculative bidding would jeopardize the CNLV's
ability to work together with PJ & CB LLC and would impact development
of the adjacent private land to the economic detriment of the CNLV.
On consideration of the factors described above, which include the
transportation and development needs of local government, the ownership
and access control by the adjoining land owner, and the absence of
identified needs for the tract other than those proposed by the CNLV,
the authorized officer has determined that the request by the CNLV
meets the criteria in 43 CFR 2711.3-2 and that a modified competitive
sale best serves the public interest. The authorized officer has
determined that the method of sale will be to offer to the designated
bidder the right to meet the highest bid in accordance with 43 CFR
2711.3-2(a)(1)(i), and CFR 2711.3-2(a)(2) as described above. This
notice designates PJ & CB LLC as the one bidder with the right to meet
the highest bid.
The proposed sale is consistent with the BLM Las Vegas Resource
Management Plan and would serve important public objectives which
cannot be achieved prudently or feasibly elsewhere. The land contains
no other known public values. The subject parcel has not been
identified for transfer to the State or any other local government or
nonprofit organization. A map and approved appraisal report covering
the proposed sale are available for review at the BLM, Las Vegas Field
Office, Las Vegas, Nevada (LVFO). Sealed bids must be received by the
LVFO, at the address listed above, not later than 60 days after
publication of this notice in the Federal Register.
Sealed bids must be contained in an envelope marked ``Sealed bid
for Parcel N-79694''. All bidders must submit, with their sealed bid, a
certified check, postal money order, bank draft, or cashier's check
made payable to the Bureau of Land Management in an amount not less
than 10% and not more then 30% of the appraised fair market value
(FMV), which has been determined to be $11,775,000. If 2 or more
envelopes containing valid bids of the same amount are received, the
determination of which is to be considered the highest bid shall be by
supplemental sealed biddings. Bids will be opened at the LVFO at the
address listed above within 70 days from the publication of this
Notice.
Land Proposed for Sale
Mount Diablo Meridian, Nevada
T. 19 S., R. 61 E.,
Sec. 23, Lot 12
A part of Clark County Tax Parcel No. 124-23-501-001
The lands described above contain 20.42 acres; however
approximately 10 acres are encumbered with road rights-of-way, so
only 10.42 acres may be considered useable.
In the event of a sale, conveyance of the available mineral
interests will occur simultaneously with the sale of the land. The
mineral interests being offered for conveyance have no known mineral
value. Acceptance of the offer to purchase will constitute BLM's
acceptance of an application for conveyance of those mineral interests.
In conjunction with the final payment, the applicant will be required
to pay a $50.00 non-refundable filing fee for conveyance of the
available mineral interests.
Terms and Conditions of Sale
The BLM sale parcel will be offered for sale via written sealed bid
and is subject to the following:
1. Based upon receipt of valid bids, BLM will offer to PJ & CB LLC
the right to meet the highest bid and purchase the lands at an amount
equal to the highest bid price, which must be not less than the fair
market value as determined by the Secretary. If PJ & CB LLC declines
this offer, the bidder with the highest sealed bid price will be
declared the high bidder. Upon acceptance by BLM of the offer to
purchase, the declared high bidder must submit 20% of the offered bid
by cash, personal check, bank draft, money order or any combination of
the aforementioned forms of payment made payable to the BLM, Las Vegas
Field Office, 4701 North Torrey Pines Drive, Las Vegas, NV 89103. The
deposit included with the sealed bid may be applied to the 20% payment
at the buyer's discretion. Failure to submit at least 20% of the
offered bid within this time frame may result in default and the BLM
may retain the deposit submitted with the sealed bid and the sale may
be cancelled. Prior to expiration of 180 days from the land sale offer
date, the buyer must remit the balance of the accepted full bid price
to BLM in the form of a certified check, money order, bank draft, or
cashier's check made payable to the order of the Bureau of Land
Management. Personal checks will not be accepted. Failure to pay the
full price within the 180 days will disqualify the apparent high bidder
and cause the entire 20% deposit to be forfeited to the BLM.
2. All discretionary leaseable and saleable mineral deposits are
reserved; and permittees, licensees, and lessees retain the right to
prospect for, mine, and remove such minerals owned by the United States
under applicable law and any regulations that the Secretary of the
Interior may prescribe, including all necessary access and exit rights.
3. A right-of-way is reserved for ditches and canals constructed by
authority of the United States under the Act of August 30, 1890 (43
U.S.C. 945).
4. The sale is subject to valid existing rights. The parcel may be
subject to applications received prior to publication of this Notice if
processing the application would have no adverse effect on the
federally approved Fair Market Value (FMV). Upon publication of this
notice in the Federal Register, the above described land will be
segregated from all other forms of appropriation under the public land
laws, including the general mining laws, except for sales and disposals
under the mineral disposal laws. This segregation will terminate upon
issuance of a patent or 270 days from the date of this publication,
whichever occurs first.
5. The parcel is subject to reservations for road, public
utilities, and flood control purposes in accordance with the local
governing entities' Transportation Plans.
6. No warranty of any kind, express or implied, is given by the
United States as
[[Page 30159]]
to the title, physical condition, or potential uses of the parcel of
land proposed for sale, and the conveyance of this parcel will not be
subject to any contingencies not contained in the Terms and Conditions
section of this Notice. However, to the extent required by law, this
parcel is subject to the requirements of section 120(h) of the
Comprehensive Environmental Response Compensation and Liability Act, as
amended (CERCLA) (42 U.S.C. 9620(h)).
7. All purchasers/patentees, by accepting a patent, covenant and
agree 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, 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 and/or applicable to the use,
occupancy, and or operations therein; (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), pollutant(s) or contaminant(s), and/or petroleum product
or derivative of a petroleum product, 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 solid waste or
hazardous substances or waste and/or hazardous substance(s),
pollutant(s) or contaminant(s), and/or petroleum products or derivative
of a petroleum product, 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 parcels of land patented or otherwise conveyed by the United
States, and may be enforced by the United States in a court of
competent jurisdiction.
8. Maps delineating the individual proposed sale parcel are
available for public review at the BLM LVFO along with the appraisal.
9. The BLM may accept or reject any or all offers, or withdraw the
parcel of land or interest therein from sale, if, in the opinion of the
authorized officer, consummation of the sale would not be fully
consistent with FLPMA or other applicable laws or would not be in the
public interest. If not sold, the parcel may be identified for sale at
a later date without further legal notice.
10. Federal law requires bidders to be U.S. citizens 18 years of
age or older; a corporation subject to the laws of any State or of the
United States; a State, State instrumentality, or political subdivision
authorized to hold property, or an entity including, but not limited
to, associations or partnerships capable of holding property or
interests therein under the laws of the State of Nevada. Certification
of qualification, whether of citizenship or corporate or partnership
status, must accompany the bid deposit.
Additional Information
In order to determine the value, through appraisal, of the parcel
of land proposed to be sold, certain extraordinary assumptions may have
been made of the attributes and limitations of the land and potential
effects of local regulations and policies on potential future land
uses. Through publication of this NORA, the BLM gives notice 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 local government policies, laws, and regulations that would
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 projected use of nearby properties. When conveyed out of
federal ownership, the lands will be subject to any applicable reviews
and approvals by the respective unit of local government for proposed
future uses, and any such reviews and approvals will be the
responsibility of the buyer. 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.
Public Comments
The BLM field Manager, Las Vegas Field Office, 4701 North Torrey
Pines Drive, Las Vegas, Nevada 89103 will receive the comments of the
general public and interested parties up to 45 days after publication
of this Notice in the Federal Register. Any adverse comments will be
reviewed by the State Director, who may sustain, vacate, or modify this
realty action in whole or in part. Any comments received during this
process, as well as the commentor's name and address, will be available
to the public in the administrative record and/or pursuant to a Freedom
of Information Act request. You may indicate for the record that you do
not wish to have your name and/or address made available to the public.
Any determination by the BLM to release or withhold the names and/or
addresses of those who comment will be made on a case-by-case basis. A
request from a commentor to have their name and/or address withheld
from public release will be honored to the extent permissible by law.
Dated: May 2, 2006.
Sharon DiPinto,
Assistant Field Manager.
[FR Doc. E6-8046 Filed 5-24-06; 8:45 am]
BILLING CODE 4310-33-P
