Notice of Realty Action: Direct Sale of Federal Interest in Public Lands in Clark County, NV (N-62824), 32859-32860 [E7-11446]

Agencies

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

[Federal Register Volume 72, Number 114 (Thursday, June 14, 2007)]
[Notices]
[Pages 32859-32860]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11446]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-056-5853-EU; N-62824, 7-08807]


Notice of Realty Action: Direct Sale of Federal Interest in 
Public Lands in Clark County, NV (N-62824)

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 the 
Federal interest in public lands consisting of a reversionary interest, 
by direct sale, containing approximately 60 acres. The public lands 
have been designated for disposal within Clark County, Nevada, to Basic 
Management Incorporated (BMI) and will be offered for direct sale. The 
interest in land proposed for sale has been authorized and designated 
for disposal under the Southern Nevada Public Land Management Act of 
1998 (112 Stat. 2343), as amended (hereinafter ``SNPLMA''). The 
reversionary interest in the lands will be offered noncompetitively in 
accordance with the applicable provisions of Sections 203 and 209 of 
the Federal Land Policy Management Act of 1976 (FLPMA) (43 U.S.C. 1713 
and 1719), and FLPMA's implementing regulations, in particular 43 CFR 
2711.3-3. The environmental assessment, map, approved appraisal report 
and other supporting documentation are available for review at the BLM, 
Las Vegas Field Office (LVFO), Las Vegas, Nevada.

DATES: Written comments regarding the proposed sale must be received by 
the BLM on or before July 30, 2007.

ADDRESSES: Comments regarding the proposed sale should be addressed to: 
Field Manager, Las Vegas Field Office, Bureau of Land Management, 4701 
N. Torrey Pines Drive, Las Vegas, Nevada 89130.

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 BLM, Las Vegas Field Office (LVFO).

FOR FURTHER INFORMATION CONTACT: You may contact Anna Wharton, 
Supervisory Realty Specialist at (702) 515-5082. You may also call 
(702) 515-5000 and ask to have your call directed to a member of the 
Sales Team.

SUPPLEMENTARY INFORMATION: This sale is in conformance with the BLM, 
Las Vegas Resource Management Plan, approved October 15, 1998. BLM has 
determined that the sale action conforms with the land use plan 
decision LD-1 under the authority of FLPMA. The land contains no other 
known public values. The reversionary interest for the parcel will be 
sold at not less than the appraised fair market value (FMV) of the 
parcel, which has been determined to be $18,068,000.00. Appraisal of 
the reversionary interest was conducted in accordance with Federal 
appraisal standards and reviewed by the Department of the Interior 
prior to sale of public land or an interest in public land. On April 
15, 1965, BMI, received a patent to approximately 60 acres of land 
under an Act of Congress dated August 27, 1954 (68 Stat. A223) (Act). 
Consistent with the Act, this patent was issued for the development, 
production, pumping, storage, transmission, and distribution of water. 
The patent contains a provision that states ``provided, that, whenever 
the land herein granted shall cease to be used for the purposes for 
which it was granted, the estate of the grantee or its assigns shall 
terminate and revest to the United States''. The land has been used by 
BMI for 39 years for the purposes allowed in the patent in providing 
water for the City of Henderson, Nevada's municipal water system. Basic 
Environmental Company, LLC (BEC) as successor to Basic Management 
Incorporated, has requested a purchase of the reversionary interest, 
the remaining interest in the patented land held by the United States.
    Regulation 43 CFR part 2711-3-3(a) states that ``Direct sales 
(without competition) may be utilized, when in the opinion of the 
authorized officer, a competitive sale is not appropriate and the 
public interest would best be served by a direct sale. Examples 
include, but are not limited to * * * (2) A tract identified for sale 
that is an integral part of a project of public importance and 
speculative bidding would jeopardize a timely completion and economic 
viability of the project; and (3) 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.''
    Due to the patent that authorizes the existing improvements owned 
and maintained by BEC, and the continuing use of the land to provide 
municipal water to the City of Henderson, it is impracticable for the 
United States to sell the land to any entity other than the current 
title holder. The SNPLMA directs orderly disposal of land. In the 
opinion of the authorized officer, a direct sale to BEC, best serves 
the public interest. Existing improved lands consist of 19.3 acres and 
the balance equals 40.7 acres, totaling 60 acres.

Land Proposed for Sale

Mount Diablo Meridian, Nevada

T. 21 S., R. 63 E.,
    Sec. 33, SE\1/4\SE\1/4\NE\1/4\SW\1/4\, E\1/2\NE\1/4\SE\1/4\SW\1/
4\, NE\1/4\SE\1/4\SE\1/4\SW\1/4\, S\1/2\NW\1/4\SE\1/4\, N\1/2\SW\1/
4\SE\1/4\, and N\1/2\S\1/2\SW\1/4\SE\1/4\.



[[Page 32860]]


    The lands described above contain 60 acres, more or less, 
identified as Clark County Assessor Parcel 160-33-801-001.

Terms and Conditions of Sale

    The parcel is subject to the following:
    1. When the remaining interest in the parcel of land is sold, the 
locatable mineral interests will be sold simultaneously as part of the 
land sale. The land identified for sale has no known mineral value for 
minerals located under the 1872 Mining Law, as amended. Acceptance of 
the offer to purchase will constitute an application for conveyance of 
these mineral interests. In conjunction with the final payment, the 
applicant will be required to pay a $50 non-refundable filing fee for 
processing the conveyance of this mineral interest. Minerals that fall 
within the Mineral Leasing Act of 1920, and the Materials Act of 1947, 
as amended, are reserved under applicable law and any regulations that 
the Secretary of the Interior may prescribe, including all necessary 
access and exit rights.
    2. A right-of-way is reserved for ditches and canals constructed by 
authority of the United States under the Act of August 30, 1890 (43 
U.S.C. 945).
    3. The parcel is subject to valid existing rights. Parcels may also 
be subject to applications received prior to publication of this Notice 
if processing the application would have no adverse affect on the 
federally approved Fair Market Value (FMV).
    4. The parcel is subject to reservations for road, public utilities 
and flood control purposes, both existing and proposed, in accordance 
with the local governing entities' Transportation Plans.
    5. All purchasers/patentees, by accepting a patent, agree to 
indemnify, defend, and hold the United States harmless from any cost, 
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 patentee or their employees, agents, 
contractors, or lessees, or any third-party, arising out of or in 
connection with the patentee's use, occupancy, or operations on the 
patented real property. This indemnification and hold harmless 
agreement includes, but is not limited to (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) Cost, 
expenses, or damages of any kind incurred by the United States; (4) 
Other releases or threatened releases of solid or hazardous waste(s) 
and/or hazardous substance(s), as defined by Federal or State 
environmental laws; off, on, into or under land, property and other 
interests of the United States; (5) Other 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. This covenant shall be construed as 
running with patented real property and may be enforced by the United 
States in a court of competent jurisdiction.
    Pursuant to the requirements established by Section 120(h) of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA), (42 U.S.C. 9620(h)), as amended by the Superfund Amendments 
and Reauthorization Act of 1988, (100 Stat. 1670), notice is hereby 
given that the above-described lands have been examined and no evidence 
was found to indicate that any hazardous substances had 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, physical condition or potential uses of the 
parcel of land proposed for sale; and the conveyance of any such parcel 
will not be on a contingency basis.
    Maps delineating the subject interest in lands proposed for sale 
are available for public review at the BLM LVFO along with the 
appraisal.
    Upon acceptance of the offer to purchase, BEC will submit 20% of 
the FMV to BLM, Las Vegas Field Office, 4701 North Torrey Pines Drive, 
Las Vegas, NV 89130. Within 180 days following payment of the deposit, 
BEC will remit the balance of the FMV to the BLM in the form of a 
certified check, money order, bank draft or cashier's check made 
payable to the Bureau of Land Management.
    If in the opinion of the authorized officer, consummation of the 
sale is not fully consistent with FLPMA or other applicable laws or 
determined not to be in the public interest, the BLM may accept or 
reject any or all offers, or withdraw any portion of or interest in 
land from sale. If not sold, the parcel described in this Notice 
identified for a partial interest sale may be suspended from any 
further proposed actions without further legal notice. It is the 
buyer's responsibility to be aware of all applicable Federal, State and 
local governmental policies, laws, regulations and the historical use 
of the proposed property and the affect these lands would have 
pertaining to any future use or development.
    Public Comments: The BLM Field Manager, Las Vegas Field Office, 
4701 North Torrey Pines Drive, Las Vegas, NV 89130, will receive 
written comments from the general public and interested parties up to 
45 days after publication of this Notice in the Federal Register. Only 
written comments submitted by postal service or overnight mail to the 
Field Manager BLM LVFO, will be considered properly filed; e-mail, 
facsimile or telephone comments will not be considered as properly 
filed. Any adverse comments will be reviewed by the Nevada State 
Director, who may sustain, vacate, or modify this realty action in 
whole or in part. In the absence of any adverse comments this realty 
action will become the final determination of the Department of the 
Interior. 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. Before including your address, telephone number, e-mail 
address, or other personal identifying information in your comment, you 
should be aware that your entire comment--including your personal 
identifying information--may be made publicly available at any time. 
While you can ask us in your comment to withhold from public review 
your personal identifying information, we cannot guarantee that we will 
be able to do so.

    Dated: May 18, 2007.
Angie Lara,
Acting Field Manager.
[FR Doc. E7-11446 Filed 6-13-07; 8:45 am]
BILLING CODE 4310-HC-P