Notice of Realty Action: Competitive Sealed Bid Sale of Public Lands in Clark County, NV, 18578-18581 [2011-7871]
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18578
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices
Daily Pass: $5.00 daily.
Annual Pass: $35.00 annually.
Emcdonald on DSK2BSOYB1PROD with NOTICES
Entrance Fees Support Refuge Visitor
Facilities
The Refuge plans to use additional
collected fees to repair and maintain the
following visitor facilities: Boat ramps at
Bairs Cove, Beacon 42, and Bio Lab;
Black Point Wildlife Drive; public
access roads; parking lots; overlooks;
and interpretive signs. Under the REA,
in order to change fees, the site must
have the staff and resources to manage
a fee activity as well as to collect the
deposit money. Under the National
Wildlife Refuge System Improvement
Act, we must allow only activities that
are appropriate and compatible with the
specific Refuge’s purposes.
Authorities and Requirements of the
REA
In December 2004, the REA became
law. The REA provides authority
through December 2014 for the
Secretaries of the Departments of the
Interior and Agriculture to establish,
modify, charge, and collect recreation
fees for use of some Federal recreation
lands and waters, and contains specific
provisions addressing public
involvement in the establishment of
recreation fees. The REA also directs the
Secretaries of the Departments of the
Interior and Agriculture to publish
advance notice in the Federal Register
whenever bureaus establish new
recreation fee areas under their
respective jurisdictions.
In accordance with our recreating fee
program guidance, we are offering the
public advance notice of our intent to
collect entrance fees and an opportunity
to comment on this fee collection before
it goes into effect. The fees will be
collected on the Refuge at Black Point
Wildlife Drive and at the boat ramps at
Bairs Cove, Beacon 42, and Bio Lab. If
public comments were to provide
substantive reasons why we should not
collect entrance fees on the Refuge, we
would reevaluate our plan and publish
a subsequent notice in the Federal
Register withdrawing this action.
Otherwise, fee collection at Merritt
Island National Wildlife Refuge—at
Black Point Wildlife Drive, and at the
Bairs Cove, Beacon 42, and Bio Lab boat
ramps—will begin September 1, 2011,
with fee types and amounts posted on
site.
Public Availability of Comments
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
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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.
Authority: 16 U.S.C. 6803(b).
Dated: February 22, 2011.
Mark J. Musaus,
Deputy Regional Director, Southeast Region.
[FR Doc. 2011–7438 Filed 4–1–11; 8:45 am]
BILLING CODE 4310–55–M
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCAN01000.L10200000.XZ0000]
Notice of Public Meeting: Northwest
California Resource Advisory Council
AGENCY:
Bureau of Land Management,
and land tenure topics in the BLM
Arcata, Redding and Ukiah field offices.
All meetings are open to the public.
Members of the public may present
written comments to the council. Each
formal council meeting will have time
allocated for public comments.
Depending on the number of persons
wishing to speak, and the time
available, the time for individual
comments may be limited. Members of
the public are welcome on field tours,
but they must provide their own
transportation and food. Individuals
who plan to attend and need special
assistance, such as sign language
interpretation and other reasonable
accommodations, should contact the
BLM as provided above.
Dated: March 21, 2011.
Joseph J. Fontana,
Public Affairs Officer.
[FR Doc. 2011–7865 Filed 4–1–11; 8:45 am]
Interior.
ACTION: Notice of public meeting.
BILLING CODE 4310–40–P
In accordance with the
Federal Land Policy and Management
Act of 1976 (FLPMA), and the Federal
Advisory Committee Act of 1972
(FACA), the U. S. Department of the
Interior, Bureau of Land Management
(BLM) Northwest California Resource
Advisory Council will meet as indicated
below.
DATES: The meeting will be held
Thursday and Friday, April 28 and 29,
2011, Lake and Mendocino counties,
California. On April 28, the RAC
convenes at 8:30 a.m. at the BLM Ukiah
Field Office, 2550 North State Street,
Ukiah, and departs immediately for a
field tour to the Indian Valley
Management Area in Lake County.
Members of the public are welcome.
They must provide their own
transportation, beverages and food. On
April 29, the council convenes at 8 a.m.
in the conference room of the BLM
Ukiah Field office. Time for public
comment has been reserved for 11 a.m.
FOR FURTHER INFORMATION CONTACT:
Nancy Haug, BLM Northern California
District manager, (530) 224–2160; or
BLM Public Affairs Officer Joseph J.
Fontana, (530) 252–5332.
SUPPLEMENTARY INFORMATION: The 12member council advises the Secretary of
the Interior, through the BLM, on a
variety of planning and management
issues associated with public land
management in Northwest California. At
this meeting agenda topics include
discussion of alternative energy
projects, management of the Sacramento
River Bend area in Shasta County, offhighway vehicle management grants,
DEPARTMENT OF THE INTERIOR
SUMMARY:
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Bureau of Land Management
[LLNVS00560 L58530000 EU0000 241A; N–
89137; 11–08807; MO# 4500019774; TAS:
14X5232]
Notice of Realty Action: Competitive
Sealed Bid Sale of Public Lands in
Clark County, NV
Bureau of Land Management,
Interior.
ACTION: Notice of realty action.
AGENCY:
Pursuant to the Southern
Nevada Public Land Management Act of
1998 (SNPLMA), as amended, the
Bureau of Land Management (BLM)
proposes to offer one parcel of public
land totaling approximately 5 acres in
the Las Vegas Valley by competitive
sealed bid sale at not less than the
appraised fair market value (FMV). The
sale will be subject to the applicable
provisions of Sections 203 and 209 of
the Federal Land Policy and
Management Act of 1976 (FLPMA). If
not sold, the parcel described in this
Notice may be identified for sale at a
later date without further legal notice.
DATES: Interested parties may submit
written comments regarding the
proposed sale of public land and the
Competitive Sealed Bid Sale, June 1,
2011 Environmental Assessment (EA)
until May 19, 2011. The FMV for the
parcel will be available on April 1,
2011, which is 60 days prior to the sale
date.
Sealed bids may be mailed or
delivered to the BLM Las Vegas Field
SUMMARY:
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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices
Office beginning May 2, 2011, and must
be received no later than 4:30 p.m.
Pacific Time, May 25, 2011, in
accordance with the competitive sealed
bid procedures. The bid opening for the
proposed competitive sealed bid sale, if
approved, will be conducted by the
BLM on June 1, 2011 at 10 a.m. Pacific
Time at the BLM Las Vegas Field Office
at the address listed below.
ADDRESSES: Mail written comments to
the BLM Las Vegas Field Office
Manager, 4701 N. Torrey Pines Drive,
Las Vegas, Nevada 89130, or by e-mail:
jill_pickren@blm.gov.
FOR FURTHER INFORMATION CONTACT: Jill
Pickren at jill_pickren@blm.gov or
telephone: (702) 515–5194. For general
information on previous BLM public
land sales, go to: https://www.blm.gov/
nv/st/en/snplma/Land_Auctions.html.
SUPPLEMENTARY INFORMATION: The parcel
proposed for sale is located in the south
central Las Vegas Valley at Executive
Airport Drive and Via Inspirada in
Henderson, Nevada. The proposed
parcel of public land is described as:
Emcdonald on DSK2BSOYB1PROD with NOTICES
Mount Diablo Meridian
T. 23 S., R. 61 E.,
Sec. 10, N1⁄2SW1⁄4NE1⁄4SE1⁄4.
The area described contains 5 acres,
more or less, in Clark County.
The map delineating the proposed
sale parcel is available for public review
at the BLM Las Vegas Field Office at the
address listed above.
The proposed SNPLMA sale parcel
was analyzed in the Las Vegas Valley
Disposal Boundary Environmental
Impact Statement (EIS), approved by
Record of Decision on December 23,
2004. The sale parcel, N–89137, was
analyzed in EA number DOI–BLM–NV–
S010–2011–0194–EA, which tiers to the
EIS. On publication of this notice, the
EA is available at the BLM Las Vegas
Field Office at the address listed above
for public review and comment.
This proposed public sale is in
conformance with the BLM Las Vegas
Resource Management Plan (RMP),
approved by Record of Decision on
October 5, 1998. The BLM has
determined that the proposed action
conforms to the RMP decision LD–1
under the authority of FLPMA.
The land is being offered using
competitive sealed bid sale procedures
pursuant to 43 CFR 2711.3–1.
The parcel is subject to limitations
prescribed by law and regulation, and
prior to patent issuance, a holder of any
right-of-way within the parcel may be
given the opportunity to amend the
right-of-way for conversion to a new
term, including perpetuity, if
applicable, or an easement.
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Sealed bids must be presented for the
sale parcel. Sealed bid envelopes must
be marked on the lower front left corner
with the BLM Serial Number for the
parcel (N–89137) and the proposed sale
date of June 1, 2011. Bids must be for
not less than the Federally approved
FMV.
Each sealed bid shall be accompanied
by a cashier’s check, certified check, or
U.S. postal money order, and made
payable in U.S. dollars to ‘‘Department
of the Interior—Bureau of Land
Management’’ for not less than 20
percent of the amount bid. Personal or
company checks will not be accepted.
The sealed bid envelope shall also
include a completed and signed
Certificate of Eligibility. Certificate of
Eligibility forms are available at the
BLM Las Vegas Field Office at the
address listed above and the BLM Web
site at: https://www.blm.gov/nv/st/en/
snplma/Land_Auctions.html.
Following the end of the sale, all bid
deposits will be returned to the
unsuccessful bidders, if present, or will
be returned by certified mail via postal
service. If a bidder purchases the parcel
and defaults on the parcel, the BLM may
retain the bid deposit and cancel the
sale. If the high bidder is unable to
consummate the transaction for any
other reasons, the second highest bid
may be considered for award. The BLM
will send the successful bidder(s) a
high-bidder letter with detailed
information for full payment.
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. United
States 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
cancellation of the sale and forfeiture of
the bid deposit.
Within 30 days of the sale, the BLM
will, in writing, either accept or reject
all bids received. No contractual, or
other rights against the United States,
may accrue until the BLM officially
accepts the offer to purchase and the
full bid price is paid.
Terms and Conditions: Certain
minerals for the parcel will be reserved
in accordance with the BLM’s approved
Mineral Potential Report, dated January
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22, 1999. Information pertaining to the
reservation of minerals specific to the
parcel is located in the case file and is
available for public review at the BLM
Las Vegas Field Office at the address
listed above.
The patent, when issued for sale
parcel N–89137, will contain a mineral
reservation to the United States for oil
and gas and all saleable mineral
deposits. An offer to purchase the parcel
will constitute an application for
mineral conveyance of the ‘‘no known
value’’ mineral interests. In conjunction
with the final payment, the applicant
will be required to pay a $50 nonrefundable 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 document for this parcel:
1. Oil, gas, and all saleable mineral
deposits on the lands in Clark County,
if any, are reserved to the United States,
in accordance with the 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. The parcel is subject to valid
existing rights;
4. The parcel is subject to reservations
for road, public utilities and flood
control purposes, both existing and
proposed, in accordance with the local
governing entities’ transportation plans;
5. 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 patentee, its
employees, agents, contractors, or
lessees, or any third-party, arising out
of, or in connection with, the patentee’s
use, occupancy, or operations on the
patented real property. This
indemnification and hold harmless
agreement includes, but is not limited
to, 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: (a) Violations of Federal,
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Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices
State, and local laws and regulations
applicable to the real property; (b)
Judgments, claims or demands of any
kind assessed against the United States;
(c) Costs, expenses, damages of any kind
incurred by the United States; (d) 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; (e) 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;
or (f) 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 described land has been
examined and no evidence was found to
indicate that any hazardous substances
have been stored for 1 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, the parcel is
subject to the requirements of Section
120(h) of the CERCLA.
The parcel 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 parcel. Encumbrances of
record that may appear in the BLM
public files for the parcel 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 Federal holidays.
The BLM will notify valid existing
right-of-way holders of their ability to
convert their compliant rights-of-way to
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perpetual rights-of-way or easements. In
accordance with Federal regulations at
43 CFR 2807.15, once notified, each
valid holder may 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 BLM Las Vegas
Field Office prior to 30 days before the
prospective patentee’s scheduled
closing date. There are no exceptions.
No contractual or other rights against
the United States may accrue until the
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
BLM Las Vegas Field Office 30 days
from the date on the high-bidder letter
by 4:30 p.m., Pacific Time. Name
changes will not be accepted after that
date. To submit a name change, the
apparent high bidder must submit the
name change in writing on the
Certificate of Eligibility form to the BLM
Las Vegas Field Office.
The remainder of the full bid price for
the parcel must be paid prior to the
expiration of the 180th day following
the close of the sale. 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 the
Interior—Bureau of Land Management.’’
Personal or company checks will not be
accepted.
Arrangements for electronic fund
transfer to BLM for payment of the
balance due must be made a minimum
of 2 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. The BLM
cannot accept the remainder of the bid
price after the 180th day of the sale date.
The BLM will not sign any documents
related to 1031 Exchange transactions.
The timing for completion of an
exchange is the bidder’s responsibility
in accordance with Internal Revenue
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Service regulations. The 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.
The parcel, if not sold by competitive
sealed bid sale, may be identified for
sale at a later date without further legal
notice.
On publication of this notice and
until completion of the sale, the BLM is
no longer accepting land use
applications affecting the parcel
identified for sale. However, land use
applications may be considered after the
sale if the parcel is 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
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.
Information concerning the sale,
appraisals, reservations, procedures and
conditions, CERCLA and other
environmental documents are available
for review at the BLM Las Vegas Field
Office at the address listed above.
Only written comments will be
considered properly filed.
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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 valid
adverse comments, this realty action
will become the final determination of
the Department of the Interior.
Beth Ransel,
Acting Assistant Field Manager, Division of
Lands.
Authority: 43 CFR 2711.
[FR Doc. 2011–7871 Filed 4–1–11; 8:45 am]
BILLING CODE 4310–HC–P
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Correction; Central Valley Project
Improvement Act, Standard Criteria for
Agricultural and Urban Water
Management Plans
AGENCY:
Bureau of Reclamation,
Interior.
ACTION:
Notice of correction.
On March 25, 2011, the
Bureau of Reclamation published a
notice in the Federal Register at 76 FR
16818 on the Central Valley Project
Improvement Act Standard Criteria for
Agricultural and Urban Water
Management Plans. In the
SUPPLEMENTARY INFORMATION section, the
Web site in which to view copies of the
finalized Criteria was incorrect. It
should read: https://www.usbr.gov/
mp.watershare/news/
2011_standard_criteria.pdf.
SUMMARY:
Ms.
Melissa Crandell, Bureau of
Reclamation, 2800 Cottage Way, MP–
410, Sacramento, California 95825, 916–
978–5208, or e-mail at
mcrandell@usbr.gov.
Emcdonald on DSK2BSOYB1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Richard J. Woodley,
Regional Resources Manager, Mid-Pacific
Region.
[FR Doc. 2011–7870 Filed 4–1–11; 8:45 am]
BILLING CODE 4310–MN–M
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18581
30-day notice of new
information collection: Survey of State
Court Criminal Appeals, 2010.
—Enhance the quality, utility, and
clarity of the information to be
collected; and
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.
The Department of Justice, Office of
Justice Programs, Bureau of Justice
Statistics, will be submitting the
following information collection request
to the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995. The proposed
information collection is published to
obtain comments from the public and
affected agencies. The proposed
information collection was previously
published in the Federal Register
Volume 76, Number 20, pages 5401–
5402, on January 31, 2011, allowing for
a 60-day public comment period.
The purpose of this notice is to allow
an additional 30 days for public
comment until May 4, 2011. This
process is conducted in accordance with
5 CFR 1320.10.
Written comments and/or suggestions
regarding the items contained in this
notice, especially the estimated public
burden and associated response time,
should be directed to the Office of
Management and Budget, Office of
Information and Regulatory Affairs,
Attention Department of Justice Desk
Officer. The best way to ensure your
comments are received is to e-mail them
to oira_submission@omb.eop.goiv or fax
them to (202) 395–7285. All comments
should reference the 8 digit OMB
number for the collection or the title of
the collection. If you have questions
concerning the collection, please call
Thomas H. Cohen at (202) 514–8344 or
the DOJ Desk Officer at (202) 395–3176.
Written comments and suggestions
from the pubic and affected agencies
concerning the proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
function of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
Overview of This Information
(1) Type of information collection:
New data collection, Survey of State
Court Criminal Appeals (SSCCA), 2010.
(2) The title of the form/collection:
Survey of State Court Criminal Appeals
or SSCCA, 2010
(3) The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
The form labels are SSCCA—IAC and
SSCCA—COLR, Bureau of Justice
Statistics, Office of Justice Programs,
United States Department of Justice.
(4) Affected Public Who Will be Asked
or Required to Respond, as well as a
Brief Abstract: State intermediate
appellate courts and state courts of last
resort. Abstract: The 2010 SSCCA will
focus on criminal cases disposed in a
national sample of state intermediate
appellate courts and courts of last resort
and will aim to obtain information on
certain key case characteristics of these
appeals. Some of the information
collected will include the types of
criminal cases appealed to state
intermediate appellate courts and courts
of last resort, the legal issues raised on
appeal, the impact of the appellate
process on trial court outcomes, the
extent that appellate claims are decided
on the merits, and case processing time
for criminal appeals. The 2010 SSCCA
will also attempt to examine all death
penalty cases decided on appeal in 2010
as well as cases that were adjudicated in
both intermediate appellate courts and
courts of last resort. All data collected
will be accurate as of December 2010.
(5) An Estimate of the Total Number
of Respondents and the Amount of Time
Estimated for an Average Respondent to
Respond: The Survey of State Court
Criminal Appeals (SSCCA) will collect
data on a national sample of
approximately 5,000 criminal appeals
concluded in all of the nation’s 143
intermediate appellate courts and courts
of last resort in 2010. The burden hour
computation involves both sample list
generation and case level data
collection. Each of the nation’s 143
intermediate appellate courts and courts
of last resort will be asked to generate
a sample of all their direct criminal
DEPARTMENT OF JUSTICE
Office of Justice Programs
[OMB Number 1121–New]
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Agencies
[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Notices]
[Pages 18578-18581]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7871]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNVS00560 L58530000 EU0000 241A; N-89137; 11-08807; MO
4500019774; 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 of realty action.
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SUMMARY: Pursuant to the Southern Nevada Public Land Management Act of
1998 (SNPLMA), as amended, the Bureau of Land Management (BLM) proposes
to offer one parcel of public land totaling approximately 5 acres in
the Las Vegas Valley by competitive sealed bid sale at not less than
the appraised fair market value (FMV). The sale will be subject to the
applicable provisions of Sections 203 and 209 of the Federal Land
Policy and Management Act of 1976 (FLPMA). If not sold, the parcel
described in this Notice may be identified for sale at a later date
without further legal notice.
DATES: Interested parties may submit written comments regarding the
proposed sale of public land and the Competitive Sealed Bid Sale, June
1, 2011 Environmental Assessment (EA) until May 19, 2011. The FMV for
the parcel will be available on April 1, 2011, which is 60 days prior
to the sale date.
Sealed bids may be mailed or delivered to the BLM Las Vegas Field
[[Page 18579]]
Office beginning May 2, 2011, and must be received no later than 4:30
p.m. Pacific Time, May 25, 2011, in accordance with the competitive
sealed bid procedures. The bid opening for the proposed competitive
sealed bid sale, if approved, will be conducted by the BLM on June 1,
2011 at 10 a.m. Pacific Time at the BLM Las Vegas Field Office at the
address listed below.
ADDRESSES: Mail written comments to the BLM Las Vegas Field Office
Manager, 4701 N. Torrey Pines Drive, Las Vegas, Nevada 89130, or by e-
mail: jill_pickren@blm.gov.
FOR FURTHER INFORMATION CONTACT: Jill Pickren at jill_pickren@blm.gov
or telephone: (702) 515-5194. For general information on previous BLM
public land sales, go to: https://www.blm.gov/nv/st/en/snplma/Land_Auctions.html.
SUPPLEMENTARY INFORMATION: The parcel proposed for sale is located in
the south central Las Vegas Valley at Executive Airport Drive and Via
Inspirada in Henderson, Nevada. The proposed parcel of public land is
described as:
Mount Diablo Meridian
T. 23 S., R. 61 E.,
Sec. 10, N\1/2\SW\1/4\NE\1/4\SE\1/4\.
The area described contains 5 acres, more or less, in Clark County.
The map delineating the proposed sale parcel is available for
public review at the BLM Las Vegas Field Office at the address listed
above.
The proposed SNPLMA sale parcel was analyzed in the Las Vegas
Valley Disposal Boundary Environmental Impact Statement (EIS), approved
by Record of Decision on December 23, 2004. The sale parcel, N-89137,
was analyzed in EA number DOI-BLM-NV-S010-2011-0194-EA, which tiers to
the EIS. On publication of this notice, the EA is available at the BLM
Las Vegas Field Office at the address listed above for public review
and comment.
This proposed public sale is in conformance with the BLM Las Vegas
Resource Management Plan (RMP), approved by Record of Decision on
October 5, 1998. The BLM has determined that the proposed action
conforms to the RMP decision LD-1 under the authority of FLPMA.
The land is being offered using competitive sealed bid sale
procedures pursuant to 43 CFR 2711.3-1.
The parcel is subject to limitations prescribed by law and
regulation, and prior to patent issuance, a holder of any right-of-way
within the parcel may be given the opportunity to amend the right-of-
way for conversion to a new term, including perpetuity, if applicable,
or an easement.
Sealed bids must be presented for the sale parcel. Sealed bid
envelopes must be marked on the lower front left corner with the BLM
Serial Number for the parcel (N-89137) and the proposed sale date of
June 1, 2011. Bids must be for not less than the Federally approved
FMV.
Each sealed bid shall be accompanied by a cashier's check,
certified check, or U.S. postal money order, and made payable in U.S.
dollars to ``Department of the Interior--Bureau of Land Management''
for not less than 20 percent of the amount bid. Personal or company
checks will not be accepted. The sealed bid envelope shall also include
a completed and signed Certificate of Eligibility. Certificate of
Eligibility forms are available at the BLM Las Vegas Field Office at
the address listed above and the BLM Web site at: https://www.blm.gov/nv/st/en/snplma/Land_Auctions.html.
Following the end of the sale, all bid deposits will be returned to
the unsuccessful bidders, if present, or will be returned by certified
mail via postal service. If a bidder purchases the parcel and defaults
on the parcel, the BLM may retain the bid deposit and cancel the sale.
If the high bidder is unable to consummate the transaction for any
other reasons, the second highest bid may be considered for award. The
BLM will send the successful bidder(s) a high-bidder letter with
detailed information for full payment.
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. United States 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 cancellation of the sale and forfeiture of the bid deposit.
Within 30 days of the sale, the BLM will, in writing, either accept
or reject all bids received. No contractual, or other rights against
the United States, may accrue until the BLM officially accepts the
offer to purchase and the full bid price is paid.
Terms and Conditions: Certain minerals for the 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 is available for public review at the BLM Las Vegas Field
Office at the address listed above.
The patent, when issued for sale parcel N-89137, will contain a
mineral reservation to the United States for oil and gas and all
saleable mineral deposits. An offer to purchase the parcel will
constitute an application for mineral conveyance of the ``no known
value'' mineral interests. In conjunction with the final payment, the
applicant will be required to pay a $50 non-refundable filing fee for
processing the conveyance of 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 document for this parcel:
1. Oil, gas, and all saleable mineral deposits on the lands in
Clark County, if any, are reserved to the United States, in accordance
with the 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. The parcel is subject to valid existing rights;
4. The parcel is subject to reservations for road, public utilities
and flood control purposes, both existing and proposed, in accordance
with the local governing entities' transportation plans;
5. 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 patentee, its employees, agents, contractors, or
lessees, or any third-party, arising out of, or in connection with, the
patentee's use, occupancy, or operations on the patented real property.
This indemnification and hold harmless agreement includes, but is not
limited to, 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: (a) Violations of Federal,
[[Page 18580]]
State, and local laws and regulations applicable to the real property;
(b) Judgments, claims or demands of any kind assessed against the
United States; (c) Costs, expenses, damages of any kind incurred by the
United States; (d) 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; (e) 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; or (f) 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 described land has been examined and no evidence was found to
indicate that any hazardous substances have been stored for 1 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, the parcel
is subject to the requirements of Section 120(h) of the CERCLA.
The parcel 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
parcel. Encumbrances of record that may appear in the BLM public files
for the parcel 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 Federal holidays.
The 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. In accordance with Federal regulations at 43 CFR
2807.15, once notified, each valid holder may 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 BLM
Las Vegas Field Office prior to 30 days before the prospective
patentee's scheduled closing date. There are no exceptions.
No contractual or other rights against the United States may accrue
until the 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 BLM Las Vegas Field Office 30 days from the date on the high-bidder
letter by 4:30 p.m., Pacific Time. Name changes will not be accepted
after that date. To submit a name change, the apparent high bidder must
submit the name change in writing on the Certificate of Eligibility
form to the BLM Las Vegas Field Office.
The remainder of the full bid price for the parcel must be paid
prior to the expiration of the 180th day following the close of the
sale. 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 the Interior--Bureau of Land
Management.'' Personal or company checks will not be accepted.
Arrangements for electronic fund transfer to BLM for payment of the
balance due must be made a minimum of 2 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. The BLM cannot accept the remainder of the bid
price after the 180th day of the sale date.
The BLM will not sign any documents related to 1031 Exchange
transactions. The timing for completion of an exchange is the bidder's
responsibility in accordance with Internal Revenue Service regulations.
The 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.
The parcel, if not sold by competitive sealed bid sale, may be
identified for sale at a later date without further legal notice.
On publication of this notice and until completion of the sale, the
BLM is no longer accepting land use applications affecting the parcel
identified for sale. However, land use applications may be considered
after the sale if the parcel is 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
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.
Information concerning the sale, appraisals, reservations,
procedures and conditions, CERCLA and other environmental documents are
available for review at the BLM Las Vegas Field Office at the address
listed above.
Only written comments will be considered properly filed.
[[Page 18581]]
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 valid adverse comments, this
realty action will become the final determination of the Department of
the Interior.
Beth Ransel,
Acting Assistant Field Manager, Division of Lands.
Authority: 43 CFR 2711.
[FR Doc. 2011-7871 Filed 4-1-11; 8:45 am]
BILLING CODE 4310-HC-P