Notice of Realty Action: Competitive Sealed Bid Sale of Public Lands in Clark County, NV, 11950-11953 [E8-4208]
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Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Notices
TABLE 2.—SUMMARY OF SPECIES IN CALIFORNIA, NEVADA, AND SOUTHERN OREGON FOR WHICH 5-YEAR REVIEWS WERE
COMPLETED IN FY 2007 AND EARLY FY 2008—Continued
Common name
Scientific name
Recommendation
Lead Fish and Wildlife Office
San Joaquin adobe sunburst.
Santa Barbara Island liveforever.
Santa Cruz Island
bushmallow.
Pseudobahia peirsonii .......
No status change ..............
Sacramento .......................
Dudleya traskiae ...............
No status change ..............
Ventura ..............................
Malacothamnus
fasciculatus var.
nesioticus.
Arctostaphylos confertiflora
No status change ..............
Ventura ..............................
No status change ..............
Ventura ..............................
Trifolium amoenum ...........
No status change ..............
Sacramento .......................
Soft-leaved paintbrush ......
Castilleja mollis .................
No status change ..............
Ventura ..............................
Yreka phlox .......................
Phlox hirsuta .....................
No status change ..............
Yreka .................................
Santa Rosa Island
manzanita.
Showy Indian clover ..........
Authority: This document is published
under the authority of the Endangered
Species Act of 1973, as amended (16 U.S.C.
1531 et seq.).
Dated: February 27, 2008.
Ken McDermond,
Regional Director, Region 8, U.S. Fish and
Wildlife Service.
[FR Doc. E8–4258 Filed 3–4–08; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NV–056–5853–EU; N–79534 et al.; 8–08807;
TAS: 14X5232]
Notice of Realty Action: Competitive
Sealed Bid Sale of Public Lands in
Clark County, NV
Bureau of Land Management,
Interior.
ACTION: Notice.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: The Bureau of Land
Management (BLM) proposes to offer 15
parcels of public land of approximately
143.24 acres in the Las Vegas Valley by
competitive sealed bid sale procedures
at not less than the fair market value
(FMV). The sale will be conducted
pursuant to the Southern Nevada Public
Land Management Act of 1998
(SNPLMA), Public Law 105–263, 112
Stat. 2343, as amended. The SNPLMA
sale will be subject to 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, and
BLM land sale and mineral conveyance
regulations at 43 CFR 2710 and 2720.
DATES: Interested parties may submit
written comments regarding the
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proposed sale of public lands and the
environmental assessment (EA) until
April 21, 2008. BLM will accept sealed
bids for the offered parcels from
qualified bidders until June 12, 2008, at
4:30 p.m., Pacific Time, at the address
of the Las Vegas Field Office listed
below. Sealed bids will be opened at a
scheduled bid opening at the Las Vegas
Field Office on June 17, 2008, at 10 a.m.,
Pacific Time.
ADDRESSES: Mail written comments to
the BLM Field Manager, Las Vegas Field
Office, 4701 N. Torrey Pines Drive, Las
Vegas, NV 89130.
FOR FURTHER INFORMATION CONTACT:
Brenda Wilhight, by e-mail at
Brenda_Wilhight@nv.blm.gov or at (702)
515–5172. For general information on
BLM public land sale procedures, refer
to the following Web address: https://
www.blm.gov/nv/st/en/fo/lvfo/snplma/
Land_Auctions.html.
SUPPLEMENTARY INFORMATION: This
public sale is in conformance with the
Las Vegas Resource Management Plan
(RMP), approved on October 5, 1998.
BLM has determined that the proposed
action conforms to the RMP decision
LD–1 under the authority of FLPMA.
The public lands will be offered for
competitive sale by sealed bid process at
not less than the appraised FMV for
each parcel and offered under the terms
and conditions of this notice.
Mount Diablo Meridian, Nevada
T. 22 S. R. 60 E.
Sec. 19, Lot 69, N1⁄2SW1⁄4SE1⁄4NE1⁄4,
S1⁄2SW1⁄4NE1⁄4NW1⁄4.
Sec. 22, S1⁄2NW1⁄4SE1⁄4SW1⁄4NE1⁄4,
S1⁄2NE1⁄4SW1⁄4SW1⁄4NE1⁄4.
T. 22 S., R. 61 E.
Sec. 30, SW1⁄4NE1⁄4SW1⁄4NE1⁄4,
SE1⁄4NW1⁄4SW1⁄4NE1⁄4,
W1⁄2NW1⁄4SE1⁄4SW1⁄4NE1⁄4,
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Contact
Al Donner at (916) 414–
6600
Lois Grunwald at (805)
644–1766
Lois Grunwald at (805)
644–1766
Lois Grunwald at (805)
644–1766
Al Donner at (916) 414–
6600
Lois Grunwald at (805)
644–1766
Matt Baun or Nadine
Kanim at (530) 842–
5763
NE1⁄4SW1⁄4SW1⁄4NE1⁄4,
E1⁄2NW1⁄4SW1⁄4SW1⁄4NE1⁄4,
E1⁄2SW1⁄4SW1⁄4SW1⁄4NE1⁄4,
E1⁄2SE1⁄4SW1⁄4SW1⁄4NE1⁄4,
E1⁄2NE1⁄4NE1⁄4NE1⁄4NE1⁄4.
Containing approximately 27.50 acres,
more or less.
The total acreage for this sale is
143.24 acres. Of that acreage 115.74
acres were offered in previous sales.
Their legal descriptions are not
included in this notice of realty action.
Parcels N–79534, N–79544, N–79545,
N–79546, N–79548, N–79550, N–79551,
N–81979, and N–84196, consisting of a
total of 103.24 acres, more or less, are
being offered as an assemblage.
Prospective bidders who wish to bid on
these parcels as one, may do so by
sealed bid. The bidding process for the
entire 103.24 acres begins at the
consolidated FMV of the nine (9)
parcels. If there are no sealed bids
received by the close of business on
June 12, 2008, these parcels will be
offered as individual parcels at the bid
opening on June 17, 2008 by
supplemental sealed bid process.
Maps delineating the individual
proposed sale parcels and the current
appraised values for each parcel are
available for public review at the Las
Vegas Field Office, and at https://
www.propertydisposal.gsa.gov.
The land is being offered for sale
using the competitive sealed bid
procedures conducted pursuant to 43
CFR 2711.3–1. Interested bidders must
submit sealed bids to the Las Vegas
Field Office, 4701 N. Torrey Pines
Drive, Las Vegas, NV 89130, not later
than June 12, 2008, 4:30 p.m., Pacific
Time.
Sealed bids must contain 20 percent
of the total amount of the bid. Each bid
must be accompanied by a certified
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check, postal money order, bank draft,
or cashier’s check made payable to the
Bureau of Land Management for an
amount not less than 20 percent of the
total amount of the bid. Personal checks
will not be accepted. Sealed bid
envelopes must be clearly marked on
the front lower left corner with
‘‘SEALED BID BLM LAND SALE, JUNE
17, 2008’’, and ‘‘BLM SERIAL NUMBER
N–ll’’ for each sale parcel. Bids must
be for not less than the FMV and a
separate bid must be submitted for each
parcel. The bid envelope must contain
the completed BLM Form, Certificate of
Eligibility, stating the name, mailing
address, and phone number of the
entity/person making the bid.
Sealed bids will be opened and
recorded to determine the high bidders
on June 17, 2008, 10 a.m., Pacific Time
at the Las Vegas Field Office. The
highest qualifying bidder for each parcel
will be declared the high bidder and the
high bidder will receive written notice.
Bidders submitting matching high bid
amounts for the parcels will be provided
an opportunity to submit a
supplemental sealed bid. Following the
sealed bid opening, all funds submitted
with sealed bids will be returned to the
unsuccessful bidders upon presentation
of photo identification at the designated
area.
The FMV will be made available 60
days prior to the sealed bid closing date
at the Las Vegas Field Office.
The successful high bidder will be
allowed 180 days from the date of the
sale, December 15, 2008, to submit the
remainder of the full bid price in the
form of a certified check, money order,
bank draft, or cashier’s check made
payable to the Bureau of Land
Management. Personal checks will not
be accepted. Failure to submit the full
bid price prior to the expiration of the
180th day following the sale date will
result in the forfeiture of the bid deposit
to the BLM, and the parcel will be
offered to the second highest qualifying
bidder at their original bid. If there are
no acceptable bids, the parcel may
remain available for sale on a
continuing basis in accordance with the
competitive sale procedures described
in 43 CFR 2711.3–1 without further
legal notice.
Terms and Conditions: Certain
minerals will be reserved in accordance
with the BLM approved Mineral
Potential Report, dated January 22,
1999. An offer to purchase these parcels
will constitute an application for
mineral conveyance of the ‘‘no known
value’’ mineral interests. In conjunction
with the final payment, an applicant for
‘‘no known value’’ mineral interests will
be required to pay a $50 non-refundable
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18:03 Mar 04, 2008
Jkt 214001
filing fee for processing the conveyance
of the ‘‘no known value’’ mineral
interests which will be sold
simultaneously with the surface
interests.
The following numbered terms and
conditions would appear on the
conveyance documents for these
parcels, as follows:
1. Discretionary leasable and saleable
mineral deposits on the lands in Clark
County, if any, reserved to the United
States, in accordance with the above
referenced Mineral Potential Report.
Permittees, licensees, and lessees of the
United States retain the right to prospect
for, mine, and remove such leasable and
saleable minerals owned by the United
States under applicable law and any
regulations that the Secretary of the
Interior may prescribe, together with 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. A right-of-way for federal aid
highway (Blue Diamond Road) purposes
reserved to the Federal Highway
Administration, its successors and
assigns, by right-of-way No. Nev012728, pursuant to the Act of August
27, 1958 (23 U.S.C. 107(D)) within sale
parcels N–84290 and N–84292;
4. All parcels are subject to valid
existing rights;
5. All parcels are subject to
reservations for roads, public utilities
and flood control purposes in
accordance with the local governing
entities’ transportation plans;
6. By accepting this patent, the
patentee 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, its
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,
its employees, agents, contractors, or
lessees, or third party arising out of or
in connection with the use and/or
occupancy of the patented real property
resulting in: (1) Violations of Federal,
state, and local laws and regulations
applicable to the real property; (2)
Judgments, claims or demands of any
kind assessed against the United States;
(3) Costs, expenses, damages of any kind
incurred by the United States; (4) Other
releases or threatened releases on, into
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or under land, property and other
interests of the United States by solid or
hazardous waste(s) and/or hazardous
substances(s), as defined by Federal or
state environmental laws; (5) Other
activities by which solid or hazardous
substances or wastes, as defined by
Federal and state environmental laws
were 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;
(6) Or natural resource damages as
defined by Federal and state law. This
covenant shall be construed as running
with the patented real property, and
may be enforced by the United States in
a court of competent jurisdiction; and
7. 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 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 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 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 any parcel will not be on
a contingency basis. However, to the
extent required by law, all parcels are
subject to the requirements of section
120(h) of the CERCLA.
Federal law requires that bidders
must be (1) United States citizens 18
years of age or older; (2) a corporation
subject to the laws of any State or of the
United States; (3) an entity including,
but not limited to associations or
partnerships capable of acquiring and
owning real property, or interests
therein, under the laws of the State of
Nevada; or (4) a State, State
instrumentality, or political subdivision
authorized to hold real property. U.S.
citizenship is evidenced by presenting a
birth certificate, passport, or
naturalization papers. Failure to submit
the above requested documents by July
17, 2008 shall result in the cancellation
of the sale and forfeiture of the bid
deposit.
Furthermore, the parcels may be
subject to land use applications received
prior to publication of this Notice if
processing the application would have
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no adverse effect on the marketability of
title, or the FMV of a parcel.
Encumbrances of records, appearing in
the BLM public files for the parcels
proposed for sale, are available for
review during business hours, 7:30 a.m.
to 4:30 p.m., Pacific Time, Monday
through Friday, at the Las Vegas Field
Office, except during federally
recognized holidays. Subject to
limitations prescribed by law and
regulation, and prior to patent issuance,
a holder of any right-of-way within the
parcels may be given the opportunity to
amend the right-of-way for conversion
to a new term, including perpetuity, if
applicable, or to an easement.
BLM will notify valid existing rightof-way holders of their ability to convert
their compliant rights-of-way to
perpetual rights-of-way or easements.
Each valid holder will be notified in
writing of their rights and then must
apply for the conversion of their current
authorization.
Unless other satisfactory
arrangements are approved in advance
by a BLM authorized officer,
conveyance of title shall be through the
use of escrow. Designation of the escrow
agent shall be through mutual
agreement between the BLM and the
prospective patentee, and costs of
escrow shall be borne by the prospective
patentee.
Requests for all escrow instructions
must be received by the Las Vegas Field
Office prior to 30 days before the
bidder’s scheduled closing date. There
are no exceptions.
Within 30 days of the sale, BLM will
in writing, either accept or reject all bids
received. Pursuant to 43 CFR 2711.3–1,
a bid is the bidder’s offer to BLM to
purchase the parcel. No contractual or
other rights against the United States
may accrue until BLM officially accepts
the offer to purchase, and the full bid
price is submitted by the 180th day
following the sale. All name changes
and supporting documentation must be
received at the Las Vegas Field Office by
July 17, 2008, 4:30 p.m., Pacific Time.
Otherwise, the patent will be issued to
the name(s) on the bidder statement
that’s completed and submitted on June
17, 2008. No name changes will be
accepted after July 17, 2008, 4:30 p.m.,
Pacific Time. To change the name on
the bidder statement, high bidders must
notify the Las Vegas Field Office in
writing, and submit a new bidder
statement, which is available at the Las
Vegas Field Office or in the sale
brochure, and be completed by the
intended patentee(s).
The remainder of the full bid price for
each parcel must be paid prior to the
expiration of the 180th day following
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18:03 Mar 04, 2008
Jkt 214001
the competitive sale date, which is
December 15, 2008, in the form of a
certified check, postal money order,
bank draft, or cashier’s check made
payable in U.S. dollars to the order of
the Department of Interior—Bureau of
Land Management. Personal checks will
not be accepted. Arrangements for
electronic fund transfer to BLM for the
payment balance due on or before
December 15, 2008, shall be made a
minimum of two weeks prior to the date
you wish to make payment. Failure to
pay the full bid price prior to the
expiration of the 180th day following
the sale date will disqualify the
apparent high bidder and cause the
entire 20 percent deposit to be forfeited
to the BLM. Forfeiture of the 20 percent
deposit is by operation of 43 CFR
2711.3–1(d). No exceptions will be
made. BLM cannot accept the full bid
price after the 180th day of the sale date.
BLM will not sign any documents
related to 1031 Exchange transactions.
The timing for completion of the
exchange is the bidder’s responsibility
in accordance with Internal Revenue
Services regulations. BLM is not a party
to any 1031 Exchange.
All sales are made in accordance with
and subject to the governing provisions
of law and applicable regulations.
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, if, in the opinion of a BLM
authorized officer, consummation of the
sale would be inconsistent with any
law, or for other reasons.
If not sold, any parcels described
above in this notice may be identified
for sale at a later date without further
legal notice. Unsold parcels may be
offered for sale in a future Internet
auction. Internet auction procedures
will be available at https://
www.auctionrp.com. If unsold on the
Internet, parcels may be offered for sale
at future oral and Internet auctions
without additional legal notice.
Upon publication of this notice and
until completion of the sale, the BLM is
no longer accepting land use
applications affecting the parcels
identified for sale. However, land use
applications may be considered after
completion of the sale for parcels that
are not sold.
In order to determine the FWV certain
assumptions may have been made of 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
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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
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 laws,
regulations, and policies of the
applicable local government for
proposed future uses. It will be 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 also 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.
SNPLMA parcels proposed for sale
were analyzed in the ‘‘Las Vegas Land
Disposal Boundary Environmental
Impact Statement,’’ approved December
23, 2004 (EIS), which is available for
public review at the Las Vegas Field
Office. Ten parcels being offered in this
sale were previously analyzed through
EAs and approved for sale. Copies of the
applicable EAs for N–79534, N–79544
through N–79546, N–79548, N–79550
through N–79551, N–81979, N–81988
and N–84196 are available for review
upon request at the Las Vegas Field
Office. The remaining five parcels
identified in this notice are analyzed in
an EA for this sale which tiers to the
EIS. Upon publication of this notice,
this EA is available for public review
and comment at the Las Vegas Field
Office. BLM will be accepting public
comments on the EA for the five parcels
for 45 days after publication in the
Federal Register.
Information concerning the sale,
appraisals, reservations, procedures and
conditions, CERCLA and other
environmental documents will be
available for review at the Las Vegas
Field Office, or by calling (702) 515–
5000 and asking to speak to a member
of the sales team. Most of this
information will also be available on the
Internet at https://
www.propertydisposal.gsa.gov.
Only written comments submitted by
postal service or overnight mail will be
considered properly filed. Electronic
mail, facsimile or telephone comments
will not be considered as properly filed.
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
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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 your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Any adverse comments regarding the
proposed sale will be reviewed by the
BLM Nevada State Director, who may
sustain, vacate, or modify this realty
action. In the absence of any adverse
comments, this realty action will
become the final determination of the
Department of the Interior.
(Authority: 43 CFR part 2711)
Mark R. Chatterton,
Associate Field Manager.
[FR Doc. E8–4208 Filed 3–4–08; 8:45 am]
BILLING CODE 4310–HC–P
Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, and
in section 210.10 of the Commission’s Rules
of Practice and Procedure, 19 CFR 210.10
(2007).
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–633]
In the Matter of Certain Acetic Acid;
Notice of Investigation
U.S. International Trade
Commission.
ACTION: Institution of investigation
pursuant to 19 U.S.C. 1337.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
January 28, 2008, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Celanese
International Corporation of Dallas,
Texas. A supplement was filed on
February 19, 2008. The complaint, as
supplemented, alleges violations of
section 337 based upon the importation
into the United States, the sale for
importation, and the sale within the
United States after importation of
certain acetic acid by reason of
infringement of certain claims of U.S.
Patent No. 6,303,813. The complaint
further alleges that an industry in the
United States exists as required by
subsection (a)(2) of section 337.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue an
exclusion order and a cease and desist
order.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is available for inspection
during official business hours (8:45 a.m.
to 5:15 p.m.) in the Office of the
Secretary, U.S. International Trade
VerDate Aug<31>2005
18:03 Mar 04, 2008
Commission, 500 E Street, SW., Room
112, Washington, DC 20436, telephone
202–205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on 202–205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its Internet server at https://
www.usitc.gov. The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Erin
D. E. Joffre, Esq., Office of Unfair Import
Investigations, U.S. International Trade
Commission, telephone (202) 205–2550.
Jkt 214001
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
February 22, 2008, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain acetic acid by
reason of infringement of claims 1–4, 6,
9, and 14–17 of U.S. Patent No.
6,303,813, and whether an industry in
the United States exists as required by
subsection (a)(2) of section 337;
(2) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is—
Celanese International Corporation,
1601 West LBJ Freeway, Dallas, Texas
75234.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Jiangsu Sopo Corporation (Group) Ltd.,
a/k/a Jiangsu Sopo (Group) Corp.,
a/k/a Jiangsu Sopo (Group) Co. Ltd.,
Changgang, Dantu County, Zhenjiang,
Jiangsu Province, Shanghai, China
201203.
Jiangsu Sopo Group, Shanghai Limited
Company, Room 2005 Hua Xia Bank
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11953
Tower, No. 256 Pu Dong Road (S),
Shanghai, China 200120.
(c) The Commission investigative
attorney, party to this investigation, is
Erin D. E. Joffre, Esq., Office of Unfair
Import Investigations, U.S. International
Trade Commission, 500 E Street, SW.,
Room 401Q, Washington, DC 20436;
and
(3) For the investigation so instituted,
the Honorable Carl C. Charneski is
designated as the presiding
administrative law judge.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(d) and 210.13(a), such
responses will be considered by the
Commission if received not later than 20
days after the date of service by the
Commission of the complaint and the
notice of investigation. Extensions of
time for submitting responses to the
complaint and the notice of
investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or cease
and desist orders or both directed
against the respondent.
By order of the Commission.
Issued: February 22, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8–4170 Filed 3–4–08; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Clean Water Act
Notice is hereby given that on
February 26, 2008, a proposed consent
decree (‘‘decree’’) in United States and
State of Colorado v. Home Depot USA,
Inc., Civil Action No. 1:08–cv–00115
was lodged with the United States
District Court for the District of
Delaware.
In this action the United States
alleged violations of the construction
E:\FR\FM\05MRN1.SGM
05MRN1
]]>Agencies
[Federal Register Volume 73, Number 44 (Wednesday, March 5, 2008)]
[Notices]
[Pages 11950-11953]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4208]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NV-056-5853-EU; N-79534 et al.; 8-08807; TAS: 14X5232]
Notice of Realty Action: Competitive Sealed Bid Sale of Public
Lands in Clark County, NV
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) proposes to offer 15
parcels of public land of approximately 143.24 acres in the Las Vegas
Valley by competitive sealed bid sale procedures at not less than the
fair market value (FMV). The sale will be conducted pursuant to the
Southern Nevada Public Land Management Act of 1998 (SNPLMA), Public Law
105-263, 112 Stat. 2343, as amended. The SNPLMA sale will be subject to
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, and BLM land sale and mineral conveyance regulations at
43 CFR 2710 and 2720.
DATES: Interested parties may submit written comments regarding the
proposed sale of public lands and the environmental assessment (EA)
until April 21, 2008. BLM will accept sealed bids for the offered
parcels from qualified bidders until June 12, 2008, at 4:30 p.m.,
Pacific Time, at the address of the Las Vegas Field Office listed
below. Sealed bids will be opened at a scheduled bid opening at the Las
Vegas Field Office on June 17, 2008, at 10 a.m., Pacific Time.
ADDRESSES: Mail written comments to the BLM Field Manager, Las Vegas
Field Office, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130.
FOR FURTHER INFORMATION CONTACT: Brenda Wilhight, by e-mail at Brenda--
Wilhight@nv.blm.gov or at (702) 515-5172. For general information on
BLM public land sale procedures, refer to the following Web address:
https://www.blm.gov/nv/st/en/fo/lvfo/snplma/Land_Auctions.html.
SUPPLEMENTARY INFORMATION: This public sale is in conformance with the
Las Vegas Resource Management Plan (RMP), approved on October 5, 1998.
BLM has determined that the proposed action conforms to the RMP
decision LD-1 under the authority of FLPMA.
The public lands will be offered for competitive sale by sealed bid
process at not less than the appraised FMV for each parcel and offered
under the terms and conditions of this notice.
Mount Diablo Meridian, Nevada
T. 22 S. R. 60 E.
Sec. 19, Lot 69, N\1/2\SW\1/4\SE\1/4\NE\1/4\, S\1/2\SW\1/4\NE\1/
4\NW\1/4\.
Sec. 22, S\1/2\NW\1/4\SE\1/4\SW\1/4\NE\1/4\, S\1/2\NE\1/4\SW\1/
4\SW\1/4\NE\1/4\.
T. 22 S., R. 61 E.
Sec. 30, SW\1/4\NE\1/4\SW\1/4\NE\1/4\, SE\1/4\NW\1/4\SW\1/
4\NE\1/4\, W\1/2\NW\1/4\SE\1/4\SW\1/4\NE\1/4\, NE\1/4\SW\1/4\SW\1/
4\NE\1/4\, E\1/2\NW\1/4\SW\1/4\SW\1/4\NE\1/4\, E\1/2\SW\1/4\SW\1/
4\SW\1/4\NE\1/4\, E\1/2\SE\1/4\SW\1/4\SW\1/4\NE\1/4\, E\1/2\NE\1/
4\NE\1/4\NE\1/4\NE\1/4\.
Containing approximately 27.50 acres, more or less.
The total acreage for this sale is 143.24 acres. Of that acreage
115.74 acres were offered in previous sales. Their legal descriptions
are not included in this notice of realty action.
Parcels N-79534, N-79544, N-79545, N-79546, N-79548, N-79550, N-
79551, N-81979, and N-84196, consisting of a total of 103.24 acres,
more or less, are being offered as an assemblage. Prospective bidders
who wish to bid on these parcels as one, may do so by sealed bid. The
bidding process for the entire 103.24 acres begins at the consolidated
FMV of the nine (9) parcels. If there are no sealed bids received by
the close of business on June 12, 2008, these parcels will be offered
as individual parcels at the bid opening on June 17, 2008 by
supplemental sealed bid process.
Maps delineating the individual proposed sale parcels and the
current appraised values for each parcel are available for public
review at the Las Vegas Field Office, and at https://
www.propertydisposal.gsa.gov.
The land is being offered for sale using the competitive sealed bid
procedures conducted pursuant to 43 CFR 2711.3-1. Interested bidders
must submit sealed bids to the Las Vegas Field Office, 4701 N. Torrey
Pines Drive, Las Vegas, NV 89130, not later than June 12, 2008, 4:30
p.m., Pacific Time.
Sealed bids must contain 20 percent of the total amount of the bid.
Each bid must be accompanied by a certified
[[Page 11951]]
check, postal money order, bank draft, or cashier's check made payable
to the Bureau of Land Management for an amount not less than 20 percent
of the total amount of the bid. Personal checks will not be accepted.
Sealed bid envelopes must be clearly marked on the front lower left
corner with ``SEALED BID BLM LAND SALE, JUNE 17, 2008'', and ``BLM
SERIAL NUMBER N-----'' for each sale parcel. Bids must be for not less
than the FMV and a separate bid must be submitted for each parcel. The
bid envelope must contain the completed BLM Form, Certificate of
Eligibility, stating the name, mailing address, and phone number of the
entity/person making the bid.
Sealed bids will be opened and recorded to determine the high
bidders on June 17, 2008, 10 a.m., Pacific Time at the Las Vegas Field
Office. The highest qualifying bidder for each parcel will be declared
the high bidder and the high bidder will receive written notice.
Bidders submitting matching high bid amounts for the parcels will be
provided an opportunity to submit a supplemental sealed bid. Following
the sealed bid opening, all funds submitted with sealed bids will be
returned to the unsuccessful bidders upon presentation of photo
identification at the designated area.
The FMV will be made available 60 days prior to the sealed bid
closing date at the Las Vegas Field Office.
The successful high bidder will be allowed 180 days from the date
of the sale, December 15, 2008, to submit the remainder of the full bid
price in the form of a certified check, money order, bank draft, or
cashier's check made payable to the Bureau of Land Management. Personal
checks will not be accepted. Failure to submit the full bid price prior
to the expiration of the 180th day following the sale date will result
in the forfeiture of the bid deposit to the BLM, and the parcel will be
offered to the second highest qualifying bidder at their original bid.
If there are no acceptable bids, the parcel may remain available for
sale on a continuing basis in accordance with the competitive sale
procedures described in 43 CFR 2711.3-1 without further legal notice.
Terms and Conditions: Certain minerals will be reserved in
accordance with the BLM approved Mineral Potential Report, dated
January 22, 1999. An offer to purchase these parcels will constitute an
application for mineral conveyance of the ``no known value'' mineral
interests. In conjunction with the final payment, an applicant for ``no
known value'' mineral interests will be required to pay a $50 non-
refundable filing fee for processing the conveyance of the ``no known
value'' mineral interests which will be sold simultaneously with the
surface interests.
The following numbered terms and conditions would appear on the
conveyance documents for these parcels, as follows:
1. Discretionary leasable and saleable mineral deposits on the
lands in Clark County, if any, reserved to the United States, in
accordance with the above referenced Mineral Potential Report.
Permittees, licensees, and lessees of the United States retain the
right to prospect for, mine, and remove such leasable and saleable
minerals owned by the United States under applicable law and any
regulations that the Secretary of the Interior may prescribe, together
with 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. A right-of-way for federal aid highway (Blue Diamond Road)
purposes reserved to the Federal Highway Administration, its successors
and assigns, by right-of-way No. Nev-012728, pursuant to the Act of
August 27, 1958 (23 U.S.C. 107(D)) within sale parcels N-84290 and N-
84292;
4. All parcels are subject to valid existing rights;
5. All parcels are subject to reservations for roads, public
utilities and flood control purposes in accordance with the local
governing entities' transportation plans;
6. By accepting this patent, the patentee 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, its 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, its employees, agents,
contractors, or lessees, or third party arising out of or in connection
with the use and/or occupancy of the patented real property resulting
in: (1) Violations of Federal, state, and local laws and regulations
applicable to the real property; (2) Judgments, claims or demands of
any kind assessed against the United States; (3) Costs, expenses,
damages of any kind incurred by the United States; (4) Other releases
or threatened releases on, into or under land, property and other
interests of the United States by solid or hazardous waste(s) and/or
hazardous substances(s), as defined by Federal or state environmental
laws; (5) Other activities by which solid or hazardous substances or
wastes, as defined by Federal and state environmental laws were
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; (6) Or natural resource damages as defined by
Federal and state law. This covenant shall be construed as running with
the patented real property, and may be enforced by the United States in
a court of competent jurisdiction; and
7. 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 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 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 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 any parcel will not be on
a contingency basis. However, to the extent required by law, all
parcels are subject to the requirements of section 120(h) of the
CERCLA.
Federal law requires that bidders must be (1) United States
citizens 18 years of age or older; (2) a corporation subject to the
laws of any State or of the United States; (3) an entity including, but
not limited to associations or partnerships capable of acquiring and
owning real property, or interests therein, under the laws of the State
of Nevada; or (4) a State, State instrumentality, or political
subdivision authorized to hold real property. U.S. citizenship is
evidenced by presenting a birth certificate, passport, or
naturalization papers. Failure to submit the above requested documents
by July 17, 2008 shall result in the cancellation of the sale and
forfeiture of the bid deposit.
Furthermore, the parcels may be subject to land use applications
received prior to publication of this Notice if processing the
application would have
[[Page 11952]]
no adverse effect on the marketability of title, or the FMV of a
parcel. Encumbrances of records, appearing in the BLM public files for
the parcels proposed for sale, are available for review during business
hours, 7:30 a.m. to 4:30 p.m., Pacific Time, Monday through Friday, at
the Las Vegas Field Office, except during federally recognized
holidays. Subject to limitations prescribed by law and regulation, and
prior to patent issuance, a holder of any right-of-way within the
parcels may be given the opportunity to amend the right-of-way for
conversion to a new term, including perpetuity, if applicable, or to an
easement.
BLM will notify valid existing right-of-way holders of their
ability to convert their compliant rights-of-way to perpetual rights-
of-way or easements. Each valid holder will be notified in writing of
their rights and then must apply for the conversion of their current
authorization.
Unless other satisfactory arrangements are approved in advance by a
BLM authorized officer, conveyance of title shall be through the use of
escrow. Designation of the escrow agent shall be through mutual
agreement between the BLM and the prospective patentee, and costs of
escrow shall be borne by the prospective patentee.
Requests for all escrow instructions must be received by the Las
Vegas Field Office prior to 30 days before the bidder's scheduled
closing date. There are no exceptions.
Within 30 days of the sale, BLM will in writing, either accept or
reject all bids received. Pursuant to 43 CFR 2711.3-1, a bid is the
bidder's offer to BLM to purchase the parcel. No contractual or other
rights against the United States may accrue until BLM officially
accepts the offer to purchase, and the full bid price is submitted by
the 180th day following the sale. All name changes and supporting
documentation must be received at the Las Vegas Field Office by July
17, 2008, 4:30 p.m., Pacific Time. Otherwise, the patent will be issued
to the name(s) on the bidder statement that's completed and submitted
on June 17, 2008. No name changes will be accepted after July 17, 2008,
4:30 p.m., Pacific Time. To change the name on the bidder statement,
high bidders must notify the Las Vegas Field Office in writing, and
submit a new bidder statement, which is available at the Las Vegas
Field Office or in the sale brochure, and be completed by the intended
patentee(s).
The remainder of the full bid price for each parcel must be paid
prior to the expiration of the 180th day following the competitive sale
date, which is December 15, 2008, in the form of a certified check,
postal money order, bank draft, or cashier's check made payable in U.S.
dollars to the order of the Department of Interior--Bureau of Land
Management. Personal checks will not be accepted. Arrangements for
electronic fund transfer to BLM for the payment balance due on or
before December 15, 2008, shall be made a minimum of two weeks prior to
the date you wish to make payment. Failure to pay the full bid price
prior to the expiration of the 180th day following the sale date will
disqualify the apparent high bidder and cause the entire 20 percent
deposit to be forfeited to the BLM. Forfeiture of the 20 percent
deposit is by operation of 43 CFR 2711.3-1(d). No exceptions will be
made. BLM cannot accept the full bid price after the 180th day of the
sale date.
BLM will not sign any documents related to 1031 Exchange
transactions. The timing for completion of the exchange is the bidder's
responsibility in accordance with Internal Revenue Services
regulations. BLM is not a party to any 1031 Exchange.
All sales are made in accordance with and subject to the governing
provisions of law and applicable regulations.
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, if, in the opinion of a BLM authorized
officer, consummation of the sale would be inconsistent with any law,
or for other reasons.
If not sold, any parcels described above in this notice may be
identified for sale at a later date without further legal notice.
Unsold parcels may be offered for sale in a future Internet auction.
Internet auction procedures will be available at https://
www.auctionrp.com. If unsold on the Internet, parcels may be offered
for sale at future oral and Internet auctions without additional legal
notice.
Upon publication of this notice and until completion of the sale,
the BLM is no longer accepting land use applications affecting the
parcels identified for sale. However, land use applications may be
considered after completion of the sale for parcels that are not sold.
In order to determine the FWV certain assumptions may have been
made of 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 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 laws, regulations, and policies of the applicable local
government for proposed future uses. It will be 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 also 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.
SNPLMA parcels proposed for sale were analyzed in the ``Las Vegas
Land Disposal Boundary Environmental Impact Statement,'' approved
December 23, 2004 (EIS), which is available for public review at the
Las Vegas Field Office. Ten parcels being offered in this sale were
previously analyzed through EAs and approved for sale. Copies of the
applicable EAs for N-79534, N-79544 through N-79546, N-79548, N-79550
through N-79551, N-81979, N-81988 and N-84196 are available for review
upon request at the Las Vegas Field Office. The remaining five parcels
identified in this notice are analyzed in an EA for this sale which
tiers to the EIS. Upon publication of this notice, this EA is available
for public review and comment at the Las Vegas Field Office. BLM will
be accepting public comments on the EA for the five parcels for 45 days
after publication in the Federal Register.
Information concerning the sale, appraisals, reservations,
procedures and conditions, CERCLA and other environmental documents
will be available for review at the Las Vegas Field Office, or by
calling (702) 515-5000 and asking to speak to a member of the sales
team. Most of this information will also be available on the Internet
at https://www.propertydisposal.gsa.gov.
Only written comments submitted by postal service or overnight mail
will be considered properly filed. Electronic mail, facsimile or
telephone comments will not be considered as properly filed.
Before including your address, phone number, e-mail address, or
other personal identifying information in your
[[Page 11953]]
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 your personal
identifying information from public review, we cannot guarantee that we
will be able to do so.
Any adverse comments regarding the proposed sale will be reviewed
by the BLM Nevada State Director, who may sustain, vacate, or modify
this realty action. In the absence of any adverse comments, this realty
action will become the final determination of the Department of the
Interior.
(Authority: 43 CFR part 2711)
Mark R. Chatterton,
Associate Field Manager.
[FR Doc. E8-4208 Filed 3-4-08; 8:45 am]
BILLING CODE 4310-HC-P
