Notice of Realty Action: Modified-Competitive Sale of Public Land in Pahrump, Nye County, NV, 13142-13145 [2012-5172]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Notices]
[Pages 13142-13145]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5172]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVSO3000.L71220000.EU0000.LVTFF1101700; N-86294; 11-08807; 
MO4500020396; TAS: 14X5232]


Notice of Realty Action: Modified-Competitive Sale of Public Land 
in Pahrump, Nye County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: The Bureau of Land Management (BLM) proposes to offer one 
parcel of public land totaling approximately 120 acres in Pahrump, Nye 
County, Nevada, by modified-competitive, sealed-bid sale at not less 
than the appraised fair market value (FMV) of $645,000. 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) and other BLM 
land sale and mineral conveyance regulations.

DATES: Interested parties may submit written comments regarding the 
proposed sale and the environmental assessment (EA) until April 19, 
2012.
    Sealed bids may be mailed or delivered to the BLM Pahrump Field 
Office, at the address below, beginning April 19, 2012. Sealed bids 
must be received no later than 4:30 p.m. Pacific Time, May 4, 2012 in 
accordance with the sale procedures. The BLM will open the sealed bids 
on May 7, 2012 at the BLM Pahrump Field Office.

ADDRESSES: Mail written comments to the BLM Pahrump Field Manager,

[[Page 13143]]

Pahrump Field Office, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130.

FOR FURTHER INFORMATION CONTACT: Jill Pickren, (702) 515-5194, or 
email: jill_pickren@blm.gov. Persons who use a telecommunications 
device for the deaf (TDD) may call the Federal Information Relay 
Service (FIRS) at 1-800-877-8339 to contact the above individual during 
normal business hours. The FIRS is available 24 hours a day, 7 days a 
week, to leave a message or question with the above individual. You 
will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION: The Nye County Board of Commissioners 
supports the Spring Mountain Raceway, LLC's request for the disposal of 
public land by direct sale or modified-competitive sale within the Town 
of Pahrump. The Nye County Manager's Office requested the BLM to 
consider and make a determination whether to conduct a direct or 
modified-competitive sale of the 120-acre parcel favoring Spring 
Mountain Raceway, LLC. The public land directly abuts property owned by 
Spring Mountain Raceway, LLC, along State Route 160 near Gamebird Road 
in Nye County.
    The following lands are proposed for disposal.

Mount Diablo Meridian

T. 20 S., R. 54 E.,
    Sec. 34, W\1/2\NW\1/4\ and NW\1/4\SW\1/4\.

    The area described contains 120 acres, more or less, in Nye 
County, Nevada.

    The BLM determined that a modified-competitive method of sale would 
be the appropriate method for disposal of this parcel. This sale meets 
the criteria found in 43 CFR 2710.0-3(a)(2) because this disposal 
serves important public objectives, including but not limited to, 
expansion of communities and economic development, which cannot be 
achieved prudently or feasibly on other lands.
    According to Nye County, the Spring Mountain Raceway, LLC, would 
develop certain private businesses on the parcel proposed for sale and 
would provide infrastructure, such as water and sewer lines, to the 
property at an estimated expense of $2 million. This extension of 
utility services would also serve the undeveloped county fairground 
site directly across State Route 160, from the parcel. Spring Mountain 
Raceway, LLC, proposes to construct a racetrack on the requested parcel 
that would be open to the public. The only public racetrack in Pahrump 
was permanently closed in 2007 and the nearest public racing venue is 
the Death Valley racetrack about 30 miles away in Amargosa Valley, 
Nevada. Along with water and sewer lines, roadways would be constructed 
to provide public access to the property and the developments. The 
authorized officer has identified Spring Mountain Raceway, LLC, as the 
designated bidder for this parcel.
    The use of the modified-competitive sale method is consistent with 
43 CFR 2711.3-2(a)(1)(i) because the authorized officer has determined 
it is necessary in order to assure equitable distribution of land among 
purchasers or to recognize equitable considerations or public policies.
    The proposed FLPMA sale parcel, N-86294, is being analyzed in 
environmental assessment number DOI-BLM-NV-S010-2010-0116-EA. Upon 
publication of this notice the EA is available at the BLM Pahrump Field 
Office for public review and comments. Only written comments will be 
considered properly filed. Submit comments at the address in the 
ADDRESSES section.
    Before including your address, phone number, email 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.
    Information concerning the sale, appraisal, reservations, sale 
procedures and conditions, CERCLA, map delineating the proposed sale 
parcel, mineral potential report, EA, and other environmental documents 
will be available for review at the BLM Pahrump Field Office, or by 
calling (702) 515-5000 and asking to speak to a member of the sales 
team.
    This 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 
Las Vegas RMP and Final Environmental Impact Statement decision, LD-1 
under the authority of the FLPMA to dispose of public lands.
    Sale Segregation: Publication of this notice in the Federal 
Register segregates the subject lands from all appropriations under the 
public land laws, including the general mining laws, except sale under 
the FLPMA. The segregation will terminate: (i) Upon issuance of a 
patent or other document of conveyance to such lands; (ii) Upon 
publication in the Federal Register of a termination of the 
segregation; or (iii) At the end of 2 years from the date of this 
publication in the Federal Register, whichever occurs first.
    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 completion of the sale if the parcel is not sold. 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 a 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 BLM Pahrump Field 
Office except during federally recognized holidays.
    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. In accordance with regulations at 43 CFR 2807.15(b), 
the BLM notified the valid existing right-of-way holders by letter of 
their ability to convert their rights-of-way to perpetual rights-of-way 
or easements. None of the holders requested conversion of their current 
authorizations, so the BLM will continue to administer their rights-of-
way as authorized after the sale.
    Terms and Conditions: Certain minerals for the parcel will be 
reserved to the United States in accordance with the BLM's approved 
Mineral Potential Report, dated March 22, 2000, and updated June 23, 
2011. 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, conditions, and reservations will 
appear on the conveyance documents for these parcels:
    1. All saleable mineral deposits in the lands are reserved to the 
United States, its permittees, licensees, and lessees together with the 
right to prospect for, mine, and remove such under applicable law and 
any regulations that the Secretary of the Interior may prescribe, 
together with all necessary access and exit rights;

[[Page 13144]]

    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. Right-of-way N-46682 for waterline purposes granted to Central 
Nevada Utilities, its successors or assigns pursuant to the Act of 
October 21, 1976 (43 U.S.C. 1761) is reserved;
    5. Right-of-way Nev-057100 for power line purposes granted to 
Valley Electric Association, its successors or assigns, pursuant to the 
Act of October 21, 1976 (43 U.S.C. 1761) is reserved;
    6. Right-of-way Nev-059100 for power line purposes granted to 
Valley Electric Association, its successors or assigns, pursuant to the 
Act of October 21, 1976 (43 U.S.C. 1761) is reserved;
    7. The parcel is subject to reservations for roads, public 
utilities and flood control purposes, both existing and proposed, in 
accordance with the local governing entities' transportation plans;
    8. An appropriate indemnification clause protecting the United 
States from claims arising out of the patentee's use, occupancy, or 
occupation of the patented lands will be included;
    9. 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 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 the 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.
    Sale procedures: The designated bidder must appoint an authorized 
representative for this sale by submitting in writing a notarized 
document which also identifies the level of capacity given to the 
authorized representative. The authorized representative of the 
designated bidder must be present at the sale. If the authorized 
representative does not submit the highest bid, the authorized 
representative will have the opportunity to meet and accept the high 
bid as the purchase price of the parcel. Should the authorized 
representative refuse to meet the high bid, the party submitting the 
high bid will be declared the successful bidder in accordance with 
regulations at 43 CFR 2711.3-2(c). Consistent with 43 CFR 2711.3-2 (e), 
acceptance or rejection of any offer to purchase shall be in accordance 
with the procedures set forth in 43 CFR 2711.3-1(f) and (g).
    Sealed bids will be presented for the sale parcel. Sealed-bid 
envelopes must be clearly marked on the front lower left corner with: 
``SEALED BID BLM LAND SALE'' and the identification number for the sale 
parcel ``BLM SERIAL NUMBER N-86294.''
    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.
    Sealed bids will be opened and recorded to determine the high 
bidder on May 7, 2012, 10 a.m., Pacific Time at the Pahrump Field 
Office. The highest bidder among the qualified bids received for the 
sale will be announced under 43 CFR 2711.3-1(d). Following the end of 
the sale, all bid deposits will be returned to the unsuccessful bidders 
if present or by certified mail. If the winning bidder 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 reason, the 
second-highest bid may be considered for award. The BLM will send the 
successful bidder a high-bidder letter with detailed information for 
full payment.
    Pursuant to regulations 43 CFR 2711.2, 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 the 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 bid opening, 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.
    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 
Pahrump 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 Pahrump 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 on the Certificate of Eligibility to the BLM 
Pahrump Field Office in writing. Certificates of Eligibility are 
available at the Pahrump Field Office and on the BLM Web site at: 
https://www.blm.gov/nv/st/en/snplma/Land_Auctions.html.
    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 the 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 full bid price after 
the 180th day of the sale date.

[[Page 13145]]

    The 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 Service's 
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 modified-competitive, sealed-bid sale, 
may be identified for sale at a later date without further legal 
notice.
    In order to determine the FMV certain assumptions may have been 
made concerning 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 bidder'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 bidder'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. Bidders 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.
    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.

    Authority:  43 CFR part 2711.

Mark R. Spencer,
Field Manager, Pahrump Field Office.
[FR Doc. 2012-5172 Filed 3-2-12; 8:45 am]
BILLING CODE 4310-HC-P