Notice of Realty Action: Modified Competitive Sealed Bid Sale of Public Lands in Clark County, NV, 16707-16710 [E8-6353]

Download as PDF Federal Register / Vol. 73, No. 61 / Friday, March 28, 2008 / Notices the decision will also be published four times in the Tundra Drums. DATES: The time limits for filing an appeal are: 1. Any party claiming a property interest which is adversely affected by the decision shall have until April 28, 2008 to file an appeal. 2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal. Parties who do not file an appeal in accordance with the requirements of 43 CFR Part 4, Subpart E, shall be deemed to have waived their rights. ADDRESSES: A copy of the decision may be obtained from: Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, #13, Anchorage, Alaska 99513–7504. FOR FURTHER INFORMATION, CONTACT: The Bureau of Land Management by phone at 907–271–5960, or by e-mail at ak.blm.conveyance@ak.blm.gov. Persons who use a telecommunication device (TTD) may call the Federal Information Relay Service (FIRS) at 1–800–877– 8330, 24 hours a day, seven days a week, to contact the Bureau of Land Management. Hillary Woods, Land Law Examiner, Land Transfer Adjudication I. [FR Doc. E8–6348 Filed 3–27–08; 8:45 am] The lessee met the requirements for reinstatement of the leases per Sec. 31 (d) and (e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188). We are proposing to reinstate the leases, effective the date of termination subject to: • The original terms and conditions of the leases; • The increased rental of $5 per acre; • The increased royalty of 162⁄3 percent or 4 percentages above the existing competitive royalty rate; and • the $163 cost of publishing this Notice. FOR FURTHER INFORMATION CONTACT: Karen L. Johnson, Chief, Fluids Adjudication Section, BLM Montana State Office, 5001 Southgate Drive, Billings, Montana 59101–4669, 406– 896–5098. Dated: March 24, 2008. Karen L. Johnson, Chief, Fluids Adjudication Section. [FR Doc. E8–6345 Filed 3–27–08; 8:45 am] BILLING CODE 4310–$$–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV–056–5853–EU; N–66686 and N–84735; 8–08807; TAS: 14X5232] Notice of Realty Action: Modified Competitive Sealed Bid Sale of Public Lands in Clark County, NV BILLING CODE 4310–$$–P Bureau of Land Management, Interior. ACTION: Notice. AGENCY: DEPARTMENT OF THE INTERIOR Bureau of Land Management [MT–922–08–1310–FI–P; MTM 93982 and MTM 93983] Notice of Proposed Reinstatement of Terminated Oil and Gas Leases MTM 93982 and MTM 93983 Bureau of Land Management, Interior. ACTION: Notice. sroberts on PROD1PC70 with NOTICES AGENCY: SUMMARY: Per 30 U.S.C. 188(d), SBG Forever, Inc. timely filed petitions for reinstatement of oil and gas leases MTM 93982 and MTM 93983, Petroleum County, Montana. The lessee paid the required rentals accruing from the date of termination. No leases were issued that affect these lands. The lessee agrees to new lease terms for rentals and royalties of $5 per acre and 162⁄3 percent or 4 percentages above the existing competitive royalty rate. The lessee paid the $500 administration fee for the reinstatement of each lease and $163 cost for publishing this Notice. VerDate Aug<31>2005 17:57 Mar 27, 2008 Jkt 214001 SUMMARY: The Bureau of Land Management (BLM) proposes to offer by modified competitive sealed bid sale three parcels of land totaling approximately 20 acres in the Las Vegas Valley at not less than the fair market value (FMV). The three parcels will be offered in two sales to 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 sales 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: Written comments regarding the proposed sale or the environmental assessment (EA) will be accepted until May 12, 2008. The FMV will be made available prior to the sealed bid closing date. BLM will accept sealed bids for the offered parcels until May 28, 2008, at 4:30 p.m., Pacific Time, at the Las PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 16707 Vegas Field Office. Sealed bids will be opened at the Las Vegas Field Office on May 29, 2008, at 10 a.m., Pacific Time. ADDRESSES: Mail written comments and sealed bids to the BLM Field Manager, Las Vegas Field Office, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130. FOR FURTHER INFORMATION CONTACT: Brenda Wilhight, e-mail: Brenda_Wilhight@nv.blm.gov or phone: (702) 515–5172. SUPPLEMENTARY INFORMATION: The following described lands are located in southwest Las Vegas, Nevada and are legally described as: Case file: N–66686 Mount Diablo Meridian, Nevada T. 22 S., R. 60 E., Sec. 23, SE1⁄4SE1⁄4NW1⁄4NW1⁄4, N1⁄2NE1⁄4SW1⁄4NW1⁄4, N1⁄2NE1⁄4NW1⁄4SE1⁄4NW1⁄4, N1⁄2NW1⁄4NW1⁄4SE1⁄4NW1⁄4. The above described lands contain 10 acres, more or less. Case file: N–84735 Mount Diablo Meridian, Nevada T. 23 S., R. 61 E., Sec. 9, N1⁄2NE1⁄4SE1⁄4NW1⁄4, S1⁄2SE1⁄4SE1⁄4NW1⁄4. The above described lands in two parcels contain 10 acres, more or less. The sales are 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 land use plan decision, LD–1, in the RMP. The use of the modified competitive sale method is consistent with 43 CFR 2711.3–2(a)(1)(i). Public lands may be offered for sale utilizing modified competitive bidding procedures when the authorized officer determines it is necessary in order to assure equitable distribution of land among purchasers or to recognize equitable considerations or public policies. Modified competitive bidding includes, but is not limited to offering 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. Factors to be considered in determining when modified competitive bidding procedures shall be used include but are not limited to the needs of State and/or local government, adjoining landowners, historical users, and other needs for the tract. A description of the method of modified competitive bidding to be used and a statement indicating the purpose or objective of the bidding procedure selected is specified in this notice. To participate in either modified competitive sale each bidder, including the designated bidders, must submit a $20,000 bid guarantee deposited by a E:\FR\FM\28MRN1.SGM 28MRN1 sroberts on PROD1PC70 with NOTICES 16708 Federal Register / Vol. 73, No. 61 / Friday, March 28, 2008 / Notices certified check, postal money order, bank draft, or cashier’s check made payable to the Bureau of Land Management. Sealed bids for each sale in an amount not less than 20 percent of the total amount must also be accompanied by a certified check, postal money order, bank draft, or cashier’s check made payable to the Bureau of Land Management. The bid guarantee and sealed bid amounts may be submitted in one form of deposit, but must be specified. 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, May 29, 2008’’, and the identification number of the parcel ‘‘BLM SERIAL NUMBER N–66686’’ or ‘‘BLM SERIAL NUMBER N–84735.’’ The bid envelope must also 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 bidder on May 29, 2008, 10 a.m., Pacific Time at the Las Vegas Field Office. The highest qualifying bidder among the qualified bids received for each sale will be declared. Each modified competitive sale allows the designated bidder the right to meet the high bid. For parcel N–66686, Clark County supports a request by the Brasher Group, which is owned by Donald E. Brasher, for a modified competitive sale. Mr. Brasher, under the corporate names Tootalou I LLC, Tootalou II LLC, and Mountain Blue III LLC, owns the abutting properties on the north, east, and west boundaries of the parcel. The parcel provides frontage to Blue Diamond Highway. This frontage is necessary to Mr. Brasher’s development of his private lands. In consideration of the adjoining landowner and historical uses of the parcel, the authorized officer has determined Mr. Brasher as the designated bidder for this parcel. For N–84735, the City of Henderson supports a request by Marnell Properties LLC for a modified competitive sale. The sale parcels are bordered on the north, west, and south side by land owned by Mr. Anthony A. Marnell, III. Mr. Marnell and the City have developed an agreement that provides long-term public benefits to the City and local residents. Through collaboration and partnership with the City of Henderson, Marnell Properties LLC agrees to provide off-site utility and roadway improvements, including major roadway improvements, fire station, public parking garage, convention center, and a public park. Marnell Properties LLC will construct VerDate Aug<31>2005 17:57 Mar 27, 2008 Jkt 214001 the Haven/Bowes connector road and adjoining Pittman North detention basin. In consideration of the adjoining landowner, the historical uses of the parcel, and the local government, the authorized officer has determined Mr. Marnell as the designated bidder for this parcel. The designated bidders or their authorized representative must be present at the bid opening on May 29, 2008, at 10 a.m., Pacific Time. Should the designated bidders appoint a representative for this sale, they must submit in writing a notarized document identifying the level of capacity given to their designated representative. This document must be signed by both parties. The designated bidder or their authorized representative will have the opportunity to meet and accept the high bid as the purchase price of each parcel or to refuse that offer. Should the designated bidders or their authorized representative refuse the offer, the high bid received through sealed bid will be declared the successful bid in accordance with regulations at 43 CFR 2711.3–2(c). Acceptance or rejection of any offer to purchase will be in accordance with the procedures set forth in 43 CFR 2711.3–1(f) and (g) of this subpart. All funds submitted with sealed bids will be returned to the unsuccessful bidders upon presentation of photo identification at the designated area. Each successful bidder may elect a refund of or to apply the $20,000 bid guarantee in addition to the required 20 percent bid deposit toward the purchase price. Failure to submit the bid deposit following a successful bid will result in forfeiture of the bid guarantee under 43 CFR 2711.3–1(d). The successful bidder will be allowed 180 days from the date of the sale, November 25, 2008, to submit the remainder of the full bid price declared in the form of a certified check, postal money order, bank draft, or cashier’s check made payable to the 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 November 25, 2008, shall be made a minimum of two weeks prior to the payment date. 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 20 percent bid deposit to the BLM in accordance with 43 CFR 2711.3–1(d). No exceptions will be made. 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– PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 1 without further legal notice. Unsold parcels may be offered for sale in a future internet auction. Internet auction procedures are available at http:// www.auctionrp.com. If unsold on the Internet, parcels may be offered for sale in the future without additional legal notice. Terms and Conditions: Certain minerals will be reserved to the United States in accordance with BLM approved Mineral Potential Report, dated January 22, 1999. Information pertaining to the reservation of minerals specific to the parcels is located in the case files. Acceptance of the offers to purchase these parcels will constitute an application for conveyance of unreserved mineral interests. These unreserved mineral interests have been determined to have no known mineral value pursuant to 43 CFR 2720.0–6 and 2720.2(a). In conjunction with the final payment, the applicant for these ‘‘no known value’’ mineral interests will be required to pay a $50 non-refundable filing fee for processing the conveyance of these mineral interests which will be sold simultaneously with the surface interests. The conveyances issued would contain the following numbered reservations, covenants, terms, and conditions: 1. Discretionary leasable and saleable mineral deposits on the lands, if any, reserved to the United States, its permittees, licensees, and lessees together with the right to prospect for, mine, and remove such minerals 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) [within sale parcel N–66686]; 4. The parcels are subject to valid existing rights; 5. 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 E:\FR\FM\28MRN1.SGM 28MRN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 61 / Friday, March 28, 2008 / Notices 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 substance(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 6. 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. The parcels are subject to reservations for roads, public utilities and flood control purposes in accordance with the local governing entities’ transportation plans. 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 these parcels will not be on a contingency basis. The parcels may be subject to land use applications received prior to publication of this notice if processing the application would have no adverse VerDate Aug<31>2005 17:57 Mar 27, 2008 Jkt 214001 effect on the marketability of title, or the FMV of the parcels. Encumbrances of record, appearing in the case files for the parcels offered 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. On publication of this notice and until completion of the sale, the BLM is no longer accepting land use applications affecting the identified land, except applications for the amendment of previously filed right-ofway applications or existing authorizations to increase the term of the grant in accordance with 43 CFR 2807.15 and 2886.15. Land use applications may be considered after completion of the sale for these parcels if the parcels are not sold. 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. Federal law requires that bidders must be: (a) A citizen of the United States 18 years of age or over; (b) a corporation subject to the laws of any State or of the United States; (c) a State, State instrumentality or political subdivision authorized to hold real property; and (d) an entity legally capable of conveying and holding lands or interests therein, under the laws of the State within which the lands to be conveyed are located. Where applicable, the entity shall also meet the requirements of paragraphs (a) and (b) of this section. U.S. citizenship is evidenced by presenting a birth certificate, passport, or naturalization papers. Failure to submit the above requested documents by June 30, 2008, shall result in the cancellation of the sale. 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, PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 16709 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 June 30, 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 by May 29, 2008. 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. 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. In order to determine the FMV, certain 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 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 review at the Las Vegas Field Office. E:\FR\FM\28MRN1.SGM 28MRN1 16710 Federal Register / Vol. 73, No. 61 / Friday, March 28, 2008 / Notices These parcels identified in this notice are analyzed in an EA for the sale which tiers to the EIS. Information concerning the sale, appraisals, reservations, sale procedures and conditions, CERCLA, maps delineating the individual sale parcels, the FMV of each parcel, mineral potential report, EA, 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. Public Comments: The parcels of land will not be offered for sale prior to the 60-day publication of this notice. For a period until May 12, 2008, interested parties may submit written comments to the Las Vegas Field Office. Only written comments submitted by postal service or overnight mail will be considered as 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 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) Angie Lara, Las Vegas Field Office Manager. [FR Doc. E8–6353 Filed 3–27–08; 8:45 am] BILLING CODE 4310–HC–P DEPARTMENT OF THE INTERIOR National Park Service Notice of Availability of the Final General Management Plan/ Environmental Impact Statement for Pipestone National Monument, MN National Park Service, Department of the Interior. SUMMARY: Pursuant to Section 102(2) (C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2) (C)), the National Park Service (NPS) announces the issuance of the Notice of Availability of the final General sroberts on PROD1PC70 with NOTICES AGENCY: VerDate Aug<31>2005 17:57 Mar 27, 2008 Jkt 214001 Management Plan/Environmental Impact Statement (GMP/EIS) for Pipestone National Monument, Minnesota. The final GMP/EIS will remain available for public review for 30 days following the publishing of the notice of its availability in the Federal Register by the U.S. Environmental Protection Agency. DATES: Requests for copies should be sent to the Acting Superintendent, Pipestone National Monument, 36 Reservation Avenue, Pipestone, Minnesota 56164–1269. You may also view the document via the Internet through the NPS Planning, Environment, and Public Comment Web site (http://parkplanning.nps.gov); simply click on the link to Pipestone National Monument. SUPPLEMENTARY INFORMATION: The NPS prepared a draft GMP/EIS for the Pipestone National Monument (national monument), pursuant to Section 102(2) (C) of the National Environmental Policy Act of 1969. The draft was made available for public review for 111 days (January 28—May 18, 2007) during which time the NPS distributed over 275 copies of the draft. The draft was also made available at the park offices, on the Internet, and at area libraries. Over 85 people attended the 7 public open houses and meetings. Twenty-five written comment letters were received from Agencies, organizations, Tribes, and the public. Comments from Tribes, individuals, and public agencies caused the NPS to reconsider the preferred alternative and the environmentally preferred alternative. The preferred alternative will remove most of the development from the heart of the national monument, retaining only those small facilities necessary to support quarrying and for public health and safety. Subsequent planning will determine whether to place visitor support services within or adjacent to the boundary. The maintenance area will move to a shared offsite location with another Governmental Agency and museum collections/archives will be removed from the floodplain. American Indian ceremonial use of the site continues, and the NPS will cooperatively work to preserve the historic Indian School Superintendent’s House with the owners and to restore prairie on adjacent property with the Minnesota Department of Natural Resources and the U.S. Fish and Wildlife Service. FOR FURTHER INFORMATION CONTACT: Contact the Acting Superintendent, Pipestone National Monument, 36 ADDRESSES: PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 Reservation Avenue, Pipestone, Minnesota 56164–1269, telephone 507– 825–5464. Dated: March 12, 2008. Ernest Quintana, Regional Director, Midwest Region. [FR Doc. E8–6334 Filed 3–27–08; 8:45 am] BILLING CODE 4312–AA–M DEPARTMENT OF THE INTERIOR National Park Service Notice of Termination of the Restoration Plan/Programmatic Environmental Impact Statement for Seagrass Restoration Within Biscayne National Park National Park Service, Department of the Interior. SUMMARY: The National Park Service (NPS) is terminating the Restoration Plan/Programmatic Environmental Impact Statement (RP/PEIS) for Seagrass Restoration within Biscayne National Park. A Notice of Intent to prepare this RP/PEIS was published in the Federal Register on February 17, 2006. After public scoping and a preliminary analysis of impacts related to seagrass restoration at Biscayne National Park, the NPS determined that the impacts of the identified seagrass restoration alternatives considered would be at or below the minor/negligible level. Consequently, the RP/PEIS is not necessary and NPS decided to terminate the RP/PEIS. The NPS intends to continue the current practice of evaluating seagrass restoration activities and its impacts at Biscayne National Park on a site-specific basis, as appropriate. AGENCY: FOR FURTHER INFORMATION CONTACT: Damage Recovery Program Manager, National Park Service, Biscayne National Park, 9700 SW., 328th Street, Homestead, Florida 33033, 305–230– 1144, BISC_Superintendent@nps.gov. The authority for publishing this notice is 42 U.S.C. 4332(2)(C). The responsible official for this EIS is Paul Anderson, Acting Regional Director, Southeast Region, National Park Service, 100 Alabama Street SW., 1924 Building, Atlanta, Georgia 30303. Dated: March 3, 2008. Paul R. Anderson, Acting Regional Director, Southeast Region. [FR Doc. E8–6321 Filed 3–27–08; 8:45 am] BILLING CODE 4310–ML–M E:\FR\FM\28MRN1.SGM 28MRN1

Agencies

[Federal Register Volume 73, Number 61 (Friday, March 28, 2008)]
[Notices]
[Pages 16707-16710]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6353]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-056-5853-EU; N-66686 and N-84735; 8-08807; TAS: 14X5232]


Notice of Realty Action: Modified 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 by 
modified competitive sealed bid sale three parcels of land totaling 
approximately 20 acres in the Las Vegas Valley at not less than the 
fair market value (FMV). The three parcels will be offered in two sales 
to 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 sales 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: Written comments regarding the proposed sale or the 
environmental assessment (EA) will be accepted until May 12, 2008. The 
FMV will be made available prior to the sealed bid closing date. BLM 
will accept sealed bids for the offered parcels until May 28, 2008, at 
4:30 p.m., Pacific Time, at the Las Vegas Field Office. Sealed bids 
will be opened at the Las Vegas Field Office on May 29, 2008, at 10 
a.m., Pacific Time.

ADDRESSES: Mail written comments and sealed bids to the BLM Field 
Manager, Las Vegas Field Office, 4701 N. Torrey Pines Drive, Las Vegas, 
NV 89130.

FOR FURTHER INFORMATION CONTACT: Brenda Wilhight, e-mail: Brenda_Wilhight@nv.blm.gov or phone: (702) 515-5172.

SUPPLEMENTARY INFORMATION: The following described lands are located in 
southwest Las Vegas, Nevada and are legally described as:

Case file: N-66686
Mount Diablo Meridian, Nevada
T. 22 S., R. 60 E.,
    Sec. 23, SE\1/4\SE\1/4\NW\1/4\NW\1/4\, N\1/2\NE\1/4\SW\1/4\NW\1/
4\, N\1/2\NE\1/4\NW\1/4\SE\1/4\NW\1/4\, N\1/2\NW\1/4\NW\1/4\SE\1/
4\NW\1/4\.

    The above described lands contain 10 acres, more or less.

Case file: N-84735
Mount Diablo Meridian, Nevada
T. 23 S., R. 61 E.,
    Sec. 9, N\1/2\NE\1/4\SE\1/4\NW\1/4\, S\1/2\SE\1/4\SE\1/4\NW\1/
4\.

    The above described lands in two parcels contain 10 acres, more 
or less.

    The sales are 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 land use plan decision, LD-1, in the 
RMP.
    The use of the modified competitive sale method is consistent with 
43 CFR 2711.3-2(a)(1)(i). Public lands may be offered for sale 
utilizing modified competitive bidding procedures when the authorized 
officer determines it is necessary in order to assure equitable 
distribution of land among purchasers or to recognize equitable 
considerations or public policies. Modified competitive bidding 
includes, but is not limited to offering 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. Factors to be 
considered in determining when modified competitive bidding procedures 
shall be used include but are not limited to the needs of State and/or 
local government, adjoining landowners, historical users, and other 
needs for the tract. A description of the method of modified 
competitive bidding to be used and a statement indicating the purpose 
or objective of the bidding procedure selected is specified in this 
notice.
    To participate in either modified competitive sale each bidder, 
including the designated bidders, must submit a $20,000 bid guarantee 
deposited by a

[[Page 16708]]

certified check, postal money order, bank draft, or cashier's check 
made payable to the Bureau of Land Management. Sealed bids for each 
sale in an amount not less than 20 percent of the total amount must 
also be accompanied by a certified check, postal money order, bank 
draft, or cashier's check made payable to the Bureau of Land 
Management. The bid guarantee and sealed bid amounts may be submitted 
in one form of deposit, but must be specified. 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, May 29, 2008'', and 
the identification number of the parcel ``BLM SERIAL NUMBER N-66686'' 
or ``BLM SERIAL NUMBER N-84735.'' The bid envelope must also 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 
bidder on May 29, 2008, 10 a.m., Pacific Time at the Las Vegas Field 
Office. The highest qualifying bidder among the qualified bids received 
for each sale will be declared. Each modified competitive sale allows 
the designated bidder the right to meet the high bid.
    For parcel N-66686, Clark County supports a request by the Brasher 
Group, which is owned by Donald E. Brasher, for a modified competitive 
sale. Mr. Brasher, under the corporate names Tootalou I LLC, Tootalou 
II LLC, and Mountain Blue III LLC, owns the abutting properties on the 
north, east, and west boundaries of the parcel. The parcel provides 
frontage to Blue Diamond Highway. This frontage is necessary to Mr. 
Brasher's development of his private lands. In consideration of the 
adjoining landowner and historical uses of the parcel, the authorized 
officer has determined Mr. Brasher as the designated bidder for this 
parcel.
    For N-84735, the City of Henderson supports a request by Marnell 
Properties LLC for a modified competitive sale. The sale parcels are 
bordered on the north, west, and south side by land owned by Mr. 
Anthony A. Marnell, III. Mr. Marnell and the City have developed an 
agreement that provides long-term public benefits to the City and local 
residents. Through collaboration and partnership with the City of 
Henderson, Marnell Properties LLC agrees to provide off-site utility 
and roadway improvements, including major roadway improvements, fire 
station, public parking garage, convention center, and a public park. 
Marnell Properties LLC will construct the Haven/Bowes connector road 
and adjoining Pittman North detention basin. In consideration of the 
adjoining landowner, the historical uses of the parcel, and the local 
government, the authorized officer has determined Mr. Marnell as the 
designated bidder for this parcel.
    The designated bidders or their authorized representative must be 
present at the bid opening on May 29, 2008, at 10 a.m., Pacific Time. 
Should the designated bidders appoint a representative for this sale, 
they must submit in writing a notarized document identifying the level 
of capacity given to their designated representative. This document 
must be signed by both parties. The designated bidder or their 
authorized representative will have the opportunity to meet and accept 
the high bid as the purchase price of each parcel or to refuse that 
offer. Should the designated bidders or their authorized representative 
refuse the offer, the high bid received through sealed bid will be 
declared the successful bid in accordance with regulations at 43 CFR 
2711.3-2(c). Acceptance or rejection of any offer to purchase will be 
in accordance with the procedures set forth in 43 CFR 2711.3-1(f) and 
(g) of this subpart.
    All funds submitted with sealed bids will be returned to the 
unsuccessful bidders upon presentation of photo identification at the 
designated area. Each successful bidder may elect a refund of or to 
apply the $20,000 bid guarantee in addition to the required 20 percent 
bid deposit toward the purchase price. Failure to submit the bid 
deposit following a successful bid will result in forfeiture of the bid 
guarantee under 43 CFR 2711.3-1(d).
    The successful bidder will be allowed 180 days from the date of the 
sale, November 25, 2008, to submit the remainder of the full bid price 
declared in the form of a certified check, postal money order, bank 
draft, or cashier's check made payable to the 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 November 25, 2008, shall be made a minimum of two weeks prior to 
the payment date. 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 20 percent bid deposit to the BLM in accordance with 
43 CFR 2711.3-1(d). No exceptions will be made. 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. Unsold 
parcels may be offered for sale in a future internet auction. Internet 
auction procedures are available at http://www.auctionrp.com. If unsold 
on the Internet, parcels may be offered for sale in the future without 
additional legal notice.
    Terms and Conditions: Certain minerals will be reserved to the 
United States in accordance with BLM approved Mineral Potential Report, 
dated January 22, 1999. Information pertaining to the reservation of 
minerals specific to the parcels is located in the case files. 
Acceptance of the offers to purchase these parcels will constitute an 
application for conveyance of unreserved mineral interests. These 
unreserved mineral interests have been determined to have no known 
mineral value pursuant to 43 CFR 2720.0-6 and 2720.2(a). In conjunction 
with the final payment, the applicant for these ``no known value'' 
mineral interests will be required to pay a $50 non-refundable filing 
fee for processing the conveyance of these mineral interests which will 
be sold simultaneously with the surface interests.
    The conveyances issued would contain the following numbered 
reservations, covenants, terms, and conditions:
    1. Discretionary leasable and saleable mineral deposits on the 
lands, if any, reserved to the United States, its permittees, 
licensees, and lessees together with the right to prospect for, mine, 
and remove such minerals 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) [within sale parcel N-66686];
    4. The parcels are subject to valid existing rights;
    5. 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

[[Page 16709]]

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 substance(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
    6. 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.
    The parcels are subject to reservations for roads, public utilities 
and flood control purposes in accordance with the local governing 
entities' transportation plans.
    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 these parcels will not be 
on a contingency basis.
    The parcels may be subject to land use applications received prior 
to publication of this notice if processing the application would have 
no adverse effect on the marketability of title, or the FMV of the 
parcels. Encumbrances of record, appearing in the case files for the 
parcels offered 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.
    On publication of this notice and until completion of the sale, the 
BLM is no longer accepting land use applications affecting the 
identified land, except applications for the amendment of previously 
filed right-of-way applications or existing authorizations to increase 
the term of the grant in accordance with 43 CFR 2807.15 and 2886.15. 
Land use applications may be considered after completion of the sale 
for these parcels if the parcels are not sold.
    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.
    Federal law requires that bidders must be: (a) A citizen of the 
United States 18 years of age or over; (b) a corporation subject to the 
laws of any State or of the United States; (c) a State, State 
instrumentality or political subdivision authorized to hold real 
property; and (d) an entity legally capable of conveying and holding 
lands or interests therein, under the laws of the State within which 
the lands to be conveyed are located. Where applicable, the entity 
shall also meet the requirements of paragraphs (a) and (b) of this 
section. U.S. citizenship is evidenced by presenting a birth 
certificate, passport, or naturalization papers. Failure to submit the 
above requested documents by June 30, 2008, shall result in the 
cancellation of the sale.
    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 June 
30, 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 
by May 29, 2008. 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.
    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.
    In order to determine the FMV, certain 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 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 review at the Las Vegas 
Field Office.

[[Page 16710]]

These parcels identified in this notice are analyzed in an EA for the 
sale which tiers to the EIS.
    Information concerning the sale, appraisals, reservations, sale 
procedures and conditions, CERCLA, maps delineating the individual sale 
parcels, the FMV of each parcel, mineral potential report, EA, 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.
    Public Comments: The parcels of land will not be offered for sale 
prior to the 60-day publication of this notice. For a period until May 
12, 2008, interested parties may submit written comments to the Las 
Vegas Field Office. Only written comments submitted by postal service 
or overnight mail will be considered as 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 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)

Angie Lara,
Las Vegas Field Office Manager.
 [FR Doc. E8-6353 Filed 3-27-08; 8:45 am]
BILLING CODE 4310-HC-P