Notice of Realty Action: Competitive Online Auction of Public Lands in Clark County, NV, 78825-78827 [E8-30460]
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Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Notices
$100,000 and/or imprisoned for not
more than 12 months.
Date Signed: December 15, 2008.
David Jaynes,
Acting Field Manager, Lake Havasu Field
Office.
[FR Doc. E8–30480 Filed 12–22–08; 8:45 am]
BILLING CODE 4310–$$–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNV056000.L58530000.EU0000; N–81965
et al.; 9–08807; TAS: 14X5232]
Notice of Realty Action: Competitive
Online Auction of Public Lands in
Clark County, NV
AGENCY: Bureau of Land Management,
Interior.
ACTION: Notice of Land Sale.
SUMMARY: The Bureau of Land
Management (BLM) proposes to offer 14
parcels of public land of approximately
117.50 in the Las Vegas Valley by
competitive online auction 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 online 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, 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
February 6, 2009.
ADDRESSES: Mail written comments to
the BLM District Manager, Southern
Nevada District Office, 4701 N. Torrey
Pines Drive, Las Vegas, NV 89130.
FOR FURTHER INFORMATION CONTACT:
Manuela Johnson at
manuela_johnson@nv.blm.gov or (702)
515–5224. For general information on
previous BLM public land sale, refer to
the following Web address: https://
www.blm.gov/nv/st/en/snplma/
Land_Auctions.html.
This
public sale is in conformance with the
Las Vegas Resource Management Plan
(RMP), approved on Oct. 5, 1998. BLM
has determined that the proposed action
conforms to the RMP decision LD–1
under the authority of FLPMA.
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
16:29 Dec 22, 2008
Jkt 217001
Mount Diablo Meridian, Nevada
T. 22 S., R. 60 E.,
sec. 13, W1⁄2NE1⁄4NW1⁄4SE1⁄4NW1⁄4,
NW1⁄4NW1⁄4SE1⁄4NW1⁄4,
SW1⁄4NW1⁄4SE1⁄4NW1⁄4,
SE1⁄4NE1⁄4SW1⁄4NW1⁄4,
W1⁄2NW1⁄4SW1⁄4SE1⁄4NW1⁄4,
SE1⁄4SE1⁄4SW1⁄4NE1⁄4;
sec. 19, N1⁄2NW1⁄4NE1⁄4SE1⁄4NW1⁄4;
sec. 30, SW1⁄4NE1⁄4NW1⁄4NE1⁄4,
W1⁄2SE1⁄4NW1⁄4NE1⁄4,
S1⁄2NW1⁄4NW1⁄4NE1⁄4, SW1⁄4NW1⁄4NE1⁄4,
W1⁄2SW1⁄4NE1⁄4, SW1⁄4SE1⁄4NE1⁄4NE1⁄4,
SE1⁄4SW1⁄4NE1⁄4NE1⁄4,
NE1⁄4NE1⁄4SE1⁄4NE1⁄4,
W1⁄2NE1⁄4SE1⁄4NE1⁄4, NW1⁄4SE1⁄4NE1⁄4.
T. 22 S., R. 61 E.,
sec. 14, E1⁄2SW1⁄4NE1⁄4SW1⁄4SE1⁄4;
sec. 30, NW1⁄4NW1⁄4NE1⁄4SE1⁄4,
NW1⁄4SW1⁄4NE1⁄4SE1⁄4,
SW1⁄4NW1⁄4NE1⁄4SE1⁄4,
SW1⁄4SW1⁄4NE1⁄4SE1⁄4,
NE1⁄4SE1⁄4NW1⁄4SE1⁄4,
W1⁄2NE1⁄4SE1⁄4SE1⁄4, N1⁄2NW1⁄4SE1⁄4SE1⁄4.
T. 23 S., R. 61 E.,
sec. 9, N1⁄2SW1⁄4NW1⁄4NE1⁄4;
sec. 20, S1⁄2NW1⁄4SE1⁄4NE1⁄4,
N1⁄2SE1⁄4SE1⁄4NE1⁄4.
The area described contains 117.5 acres,
more or less.
Maps delineating the individual
proposed sale parcels are available for
public review at https://
www.propertydisposal.gsa.gov, and at
the Las Vegas Field Office (LVFO),
which is located at the BLM Southern
Nevada District Office. The FMV for
each parcel will be available 60 days
prior to the sale date.
The lands are being offered for sale
online via the internet using
competitive sale procedures pursuant to
43 CFR 2711.3–1. Bidding on the subject
parcels will begin at FMV and remain
open for sale for a period of 60 days in
accordance with the competitive sale
procedures. Bidders may go to the GSA
Web site at https://www.auctionrp.com
to register, obtain maps and get
information on how to submit
competitive online bids via the internet
for the sale. A submitted online internet
bid is a binding offer.
At the conclusion of the auction, the
highest qualified bid for any parcel will
be declared the apparent high bidder
under 43 CFR 2711.3–1(d). The declared
high bidder will have 10 days from
closure of the online auction to submit
a bid deposit of not less than 20 percent
of the successful high bid amount.
Payment must be made in the form of
a cashiers check, certified check or U.S.
postal money order, and made payable
in U.S. dollars to ‘‘General Services
Administration.’’ Personal or company
checks will not be accepted. Failure to
submit the 20 percent bid deposit
amount following the sale will result in
cancellation of the bid. At the
conclusion of the 10 days, the
PO 00000
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Fmt 4703
Sfmt 4703
78825
successful bidder will receive a high
bidder letter from the BLM with
detailed information for full payment.
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 paid.
Terms and Conditions: Certain
minerals for each parcel will be reserved
in accordance with the BLM’s approved
Mineral Potential Report, dated January
22, 1999. Information pertaining to the
reservation of minerals specific to the
parcel is located in the case file and
available for review at the LVFO. 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 will appear on the
conveyance documents for these
parcels:
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 purposes (Blue Diamond Road)
reserved to the Federal Highway
Administration, its successors or
assigns, by right-of-way No. Nev012728, pursuant to the Act of August
27, 1958 (23 U.S.C. 107 (D)) within sale
parcel N–85660;
4. All parcels are subject to valid
existing rights;
5. The parcels are subject to
reservations for road, public utilities
and flood control purposes, both
existing and proposed, 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
E:\FR\FM\23DEN1.SGM
23DEN1
78826
Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Notices
judgments of any kind or nature arising
from the past, present, and future acts
or omissions of the patentee, 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 patentee,
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 the 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.
VerDate Aug<31>2005
16:29 Dec 22, 2008
Jkt 217001
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 to BLM
within 30 days from receipt of the high
bidder letter shall result in the
cancellation of the bid.
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 a parcel. Encumbrances of
record that may appear 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 (PT), Monday through
Friday, at the LVFO, except during
federally recognized holidays.
All parcels are 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 LVFO prior to
30 days before the bidder’s scheduled
closing date. There are no exceptions.
All name changes and supporting
documentation must be received at the
LVFO 30 days from the date on the high
bidder letter by 4:30 p.m. PST. Name
changes will not be accepted after that
date. To submit a name change, the
apparent high bidder must submit the
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
name change on the Certificate of
Eligibility form to the LVFO in writing.
Certificate of Eligibility forms are
available at the LVFO and the BLM Web
site at: https://www.blm.gov/nv/st/en/
snplma/Land_Auctions.html.
The remainder of the full bid price for
each parcel must be paid prior to the
expiration of the 180th day following
the close of the online auction. Payment
must be submitted in the form of a
certified check, postal money order,
bank draft or cashier’s check made
payable in U.S. dollars to the
‘‘Department of Interior—Bureau of
Land Management.’’ Personal checks
will not be accepted. Arrangements for
electronic fund transfer to BLM for
payment of the balance due must be
made a minimum of two weeks prior to
the payment date. Failure to pay the full
bid price prior to the expiration of the
180th day will disqualify the apparent
high bidder and cause the entire 20
percent bid deposit to be forfeited to the
BLM. Forfeiture of the 20 percent bid
deposit is in accordance with 43 CFR
2711.3–1(d). No exceptions will be
made.
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.
Any parcels not sold by competitive
sale or through an online auction may
be identified for sale at a later date
without further legal notice.
On publication of this notice and
until completion of the sale, 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 FMV,
certain assumptions may have been
made concerning 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
E:\FR\FM\23DEN1.SGM
23DEN1
Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Notices
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
also the buyer’s responsibility to be
aware of existing or prospective uses 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.
The proposed SNPLMA sale parcels
were analyzed in the Las Vegas Valley
Disposal Boundary Environmental
Impact Statement (EIS), approved Dec.
23, 2004. Two parcels being offered in
this sale were previously analyzed
through EAs and approved for sale.
Copies of the applicable EAs for N–
81965 and N–81967 are available for
review upon request at the LVFO. The
remaining twelve parcels identified in
this notice are analyzed in an EA for
this sale which tiers to the EIS. On
publication of this notice, this EA is
available for public review and
comment at the LVFO.
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
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 2711.
VerDate Aug<31>2005
16:29 Dec 22, 2008
Jkt 217001
Dated: December 5, 2008.
Kimber Liebhauser,
Assistant Field Manager, Division of Lands.
[FR Doc. E8–30460 Filed 12–22–08; 8:45 am]
78827
acres of real property to which it holds
title, at the government’s option.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
BILLING CODE 4310–HC–P
relating to the Decree. Comments should
be addressed to the Assistant Attorney
General, Environmental and Natural
DEPARTMENT OF JUSTICE
Resources Division, and either e-mailed
to pubcomment-ees.enrd@usdoj.gov or
Notice of Lodging of Consent Decree
mailed to P.O. Box 7611, U.S.
Under the Comprehensive
Department of Justice, Washington, DC
Environmental Response,
20044–7611, and should refer to United
Compensation, and Liability Act
States, et al. v. Standard Metals
Corporation, Civil Action No. 08–CV–
Notice is hereby given that on
December 17, 2008, a proposed Consent 02741 (D.CO), D.J. Ref. 90–11–3–08831.
The Decree may be examined at U.S.
Decree in United States of America et al.
EPA Region 8, 1595 Wynkoop Street,
v. Standard Metals Corporation, Civil
Denver, Colorado 80202. During the
Action No. 08–CV–02741 was lodged
with the United States District Court for public comment period, the Decree, may
also be examined on the following
the District of Colorado.
Department of Justice Web site, https://
In this action the United States, on
www.usdoj.gov/enrd/
behalf of the Administrator of the
United States Environmental Protection Consent_Decrees.html. A copy of the
Decree may also be obtained by mail
Agency, the Chief of the United States
from the Consent Decree Library, P.O.
Department of Agriculture Forest
Box 7611, U.S. Department of Justice,
Service, and the Secretary of the
Washington, DC 20044–7611 or by
Interior, and the State of Colorado, on
faxing or e-mailing a request to Tonia
behalf of the Executive Director of the
Fleetwood (tonia.fleetwood@usdoj.gov),
Colorado Department of Public Health
fax no. (202) 514–0097, phone
and Environment, the Director of the
confirmation number (202) 514–1547. In
Colorado Department of Natural
requesting a copy from the Consent
Resources, and the Attorney General of
Decree Library, please enclose a check
the State of Colorado (together, the
in the amount of $23.25 (25 cents per
‘‘government’’), sought to recover
page reproduction cost) payable to the
response costs incurred or to be
incurred for response actions taken or to U.S. Treasury or, if by e-mail or fax,
forward a check in that amount to the
be taken at or in connection with the
Consent Decree Library at the stated
release or threatened release of
address.
hazardous substances at the Standard
Mine Site in Gunnison County,
Robert Brook,
Colorado, the Ross Adams Site on
Assistant Chief, Environmental Enforcement
Prince of Wales Island, Alaska, six sites
Section, Environment and Natural Resources
in San Juan County, Colorado, and the
Division.
Antler Mine and Mill Site in Mohave
[FR Doc. E8–30437 Filed 12–22–08; 8:45 am]
County, Arizona (collectively, the
BILLING CODE 4410–15–P
‘‘Sites’’), and to recover damages for
injury to, destruction of, or loss of
natural resources at the Sites and
DEPARTMENT OF JUSTICE
surrounding riparian corridors,
including the reasonable costs of
Drug Enforcement Administration
assessing such injury, destruction or
[Docket Nos. 06–19 & 06–20]
loss, pursuant to Section 107 of the
Comprehensive Environmental
Nirmal Saran, M.D.; Nisha Saran, D.O.;
Response, Compensation, and Liability
Affirmance of Suspension Orders
Act of 1980 (‘‘CERCLA’’), 42 U.S.C.
9607.
On September 19, 2005, I, the Deputy
The Consent Decree resolves the
Administrator of the Drug Enforcement
government’s CERCLA response cost
Administration, issued an Order to
claims at the Sites by requiring that
Show Cause and Immediate Suspension
Standard pursue insurance recovery and of Registration to both Nirmal Saran,
pay to the government 50% of the first
M.D., and Nisha Saran, D.O.
$180,000 recovered and 90% of all
(Respondents), of Arlington, Texas. The
recovery thereafter. The Consent Decree Orders immediately suspended each
resolves the government’s CERCLA
Respondent’s DEA Certificate of
natural resource damage claims at the
Registration as a practitioner, on the
Sites by requiring that Standard transfer grounds that each had issued numerous
to the United States approximately 800
controlled-substance prescriptions over
PO 00000
Frm 00107
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E:\FR\FM\23DEN1.SGM
23DEN1
Agencies
[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Notices]
[Pages 78825-78827]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30460]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNV056000.L58530000.EU0000; N-81965 et al.; 9-08807; TAS: 14X5232]
Notice of Realty Action: Competitive Online Auction of Public
Lands in Clark County, NV
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Land Sale.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) proposes to offer 14
parcels of public land of approximately 117.50 in the Las Vegas Valley
by competitive online auction 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 online 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, 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 February 6, 2009.
ADDRESSES: Mail written comments to the BLM District Manager, Southern
Nevada District Office, 4701 N. Torrey Pines Drive, Las Vegas, NV
89130.
FOR FURTHER INFORMATION CONTACT: Manuela Johnson at manuela_
johnson@nv.blm.gov or (702) 515-5224. For general information on
previous BLM public land sale, refer to the following Web address:
https://www.blm.gov/nv/st/en/snplma/Land_Auctions.html.
SUPPLEMENTARY INFORMATION: This public sale is in conformance with the
Las Vegas Resource Management Plan (RMP), approved on Oct. 5, 1998. BLM
has determined that the proposed action conforms to the RMP decision
LD-1 under the authority of FLPMA.
Mount Diablo Meridian, Nevada
T. 22 S., R. 60 E.,
sec. 13, W\1/2\NE\1/4\NW\1/4\SE\1/4\NW\1/4\, NW\1/4\NW\1/4\SE\1/
4\NW\1/4\, SW\1/4\NW\1/4\SE\1/4\NW\1/4\, SE\1/4\NE\1/4\SW\1/4\NW\1/
4\, W\1/2\NW\1/4\SW\1/4\SE\1/4\NW\1/4\, SE\1/4\SE\1/4\SW\1/4\NE\1/
4\;
sec. 19, N\1/2\NW\1/4\NE\1/4\SE\1/4\NW\1/4\;
sec. 30, SW\1/4\NE\1/4\NW\1/4\NE\1/4\, W\1/2\SE\1/4\NW\1/4\NE\1/
4\, S\1/2\NW\1/4\NW\1/4\NE\1/4\, SW\1/4\NW\1/4\NE\1/4\, W\1/2\SW\1/
4\NE\1/4\, SW\1/4\SE\1/4\NE\1/4\NE\1/4\, SE\1/4\SW\1/4\NE\1/4\NE\1/
4\, NE\1/4\NE\1/4\SE\1/4\NE\1/4\, W\1/2\NE\1/4\SE\1/4\NE\1/4\, NW\1/
4\SE\1/4\NE\1/4\.
T. 22 S., R. 61 E.,
sec. 14, E\1/2\SW\1/4\NE\1/4\SW\1/4\SE\1/4\;
sec. 30, NW\1/4\NW\1/4\NE\1/4\SE\1/4\, NW\1/4\SW\1/4\NE\1/
4\SE\1/4\, SW\1/4\NW\1/4\NE\1/4\SE\1/4\, SW\1/4\SW\1/4\NE\1/4\SE\1/
4\, NE\1/4\SE\1/4\NW\1/4\SE\1/4\, W\1/2\NE\1/4\SE\1/4\SE\1/4\, N\1/
2\NW\1/4\SE\1/4\SE\1/4\.
T. 23 S., R. 61 E.,
sec. 9, N\1/2\SW\1/4\NW\1/4\NE\1/4\;
sec. 20, S\1/2\NW\1/4\SE\1/4\NE\1/4\, N\1/2\SE\1/4\SE\1/4\NE\1/
4\.
The area described contains 117.5 acres, more or less.
Maps delineating the individual proposed sale parcels are available
for public review at https://www.propertydisposal.gsa.gov, and at the
Las Vegas Field Office (LVFO), which is located at the BLM Southern
Nevada District Office. The FMV for each parcel will be available 60
days prior to the sale date.
The lands are being offered for sale online via the internet using
competitive sale procedures pursuant to 43 CFR 2711.3-1. Bidding on the
subject parcels will begin at FMV and remain open for sale for a period
of 60 days in accordance with the competitive sale procedures. Bidders
may go to the GSA Web site at https://www.auctionrp.com to register,
obtain maps and get information on how to submit competitive online
bids via the internet for the sale. A submitted online internet bid is
a binding offer.
At the conclusion of the auction, the highest qualified bid for any
parcel will be declared the apparent high bidder under 43 CFR 2711.3-
1(d). The declared high bidder will have 10 days from closure of the
online auction to submit a bid deposit of not less than 20 percent of
the successful high bid amount. Payment must be made in the form of a
cashiers check, certified check or U.S. postal money order, and made
payable in U.S. dollars to ``General Services Administration.''
Personal or company checks will not be accepted. Failure to submit the
20 percent bid deposit amount following the sale will result in
cancellation of the bid. At the conclusion of the 10 days, the
successful bidder will receive a high bidder letter from the BLM with
detailed information for full payment. 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 paid.
Terms and Conditions: Certain minerals for each parcel will be
reserved in accordance with the BLM's approved Mineral Potential
Report, dated January 22, 1999. Information pertaining to the
reservation of minerals specific to the parcel is located in the case
file and available for review at the LVFO. 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 will appear on the
conveyance documents for these parcels:
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 purposes (Blue Diamond
Road) reserved to the Federal Highway Administration, its successors or
assigns, by right-of-way No. Nev-012728, pursuant to the Act of August
27, 1958 (23 U.S.C. 107 (D)) within sale parcel N-85660;
4. All parcels are subject to valid existing rights;
5. The parcels are subject to reservations for road, public
utilities and flood control purposes, both existing and proposed, 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
[[Page 78826]]
judgments of any kind or nature arising from the past, present, and
future acts or omissions of the patentee, 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
patentee, 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 the 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
to BLM within 30 days from receipt of the high bidder letter shall
result in the cancellation of the bid.
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 a parcel.
Encumbrances of record that may appear 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 (PT), Monday through
Friday, at the LVFO, except during federally recognized holidays.
All parcels are 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 LVFO
prior to 30 days before the bidder's scheduled closing date. There are
no exceptions.
All name changes and supporting documentation must be received at
the LVFO 30 days from the date on the high bidder letter by 4:30 p.m.
PST. Name changes will not be accepted after that date. To submit a
name change, the apparent high bidder must submit the name change on
the Certificate of Eligibility form to the LVFO in writing. Certificate
of Eligibility forms are available at the LVFO and the BLM Web site at:
https://www.blm.gov/nv/st/en/snplma/Land_Auctions.html.
The remainder of the full bid price for each parcel must be paid
prior to the expiration of the 180th day following the close of the
online auction. Payment must be submitted in the form of a certified
check, postal money order, bank draft or cashier's check made payable
in U.S. dollars to the ``Department of Interior--Bureau of Land
Management.'' Personal checks will not be accepted. Arrangements for
electronic fund transfer to BLM for payment of the balance due must be
made a minimum of two weeks prior to the payment date. Failure to pay
the full bid price prior to the expiration of the 180th day will
disqualify the apparent high bidder and cause the entire 20 percent bid
deposit to be forfeited to the BLM. Forfeiture of the 20 percent bid
deposit is in accordance with 43 CFR 2711.3-1(d). No exceptions will be
made.
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.
Any parcels not sold by competitive sale or through an online
auction may be identified for sale at a later date without further
legal notice.
On publication of this notice and until completion of the sale, 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 FMV, certain assumptions may have been
made concerning 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
[[Page 78827]]
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 also the buyer's
responsibility to be aware of existing or prospective uses 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.
The proposed SNPLMA sale parcels were analyzed in the Las Vegas
Valley Disposal Boundary Environmental Impact Statement (EIS), approved
Dec. 23, 2004. Two parcels being offered in this sale were previously
analyzed through EAs and approved for sale. Copies of the applicable
EAs for N-81965 and N-81967 are available for review upon request at
the LVFO. The remaining twelve parcels identified in this notice are
analyzed in an EA for this sale which tiers to the EIS. On publication
of this notice, this EA is available for public review and comment at
the LVFO.
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 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 2711.
Dated: December 5, 2008.
Kimber Liebhauser,
Assistant Field Manager, Division of Lands.
[FR Doc. E8-30460 Filed 12-22-08; 8:45 am]
BILLING CODE 4310-HC-P