Notice of Realty Action: Modified Competitive, Sealed-Bid Sale of Public Land in Clark County, NV, 20413-20416 [2012-8097]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 77, Number 65 (Wednesday, April 4, 2012)]
[Notices]
[Pages 20413-20416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8097]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVS00560 L58530000 EU0000 241A; N-90450; 12-08807; MO 
4500032437; TAS: 14X5232]


Notice of Realty Action: Modified Competitive, Sealed-Bid Sale of 
Public Land in Clark 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 by 
modified competitive, sealed-bid sale, one parcel of public land 
totaling approximately 480 acres in the Las Vegas Valley at not less 
than the appraised fair market value (FMV) of $10,560,000. The parcel 
will be offered in a sale pursuant to the Southern Nevada Public Land 
Management Act of 1998 (SNPLMA), Public Law 105-263, 112 Stat. 2343, as 
amended. The sale will be subject to the applicable provisions of 
Sections 203 of the Federal Land Policy and Management Act of 1976 
(FLPMA), 43 U.S.C 1713, and BLM land sale regulations at 43 CFR 2710.

DATES: Interested parties may submit written comments regarding the 
proposed sale and the environmental assessment (EA) until May 21, 2012.
    Sealed bids may be mailed or delivered to the BLM Las Vegas Field 
Office, at the address below, beginning May 21, 2012. Sealed bids must 
be received by the BLM Las Vegas Field Office no later than 4:30 p.m. 
Pacific Time, June 4, 2012 in accordance with the sale procedures. The 
BLM will open the sealed bids on June 4, 2012 at the BLM Las Vegas 
Field Office at 10 a.m., Pacific Time.

ADDRESSES: Mail written comments to, refer questions about, or submit 
sealed bids to the BLM, Las Vegas Field Office Assistant Field Manager, 
4701 N. Torrey Pines Drive, Las Vegas, NV 89130.

FOR FURTHER INFORMATION CONTACT: Manuela Johnson at email: manuela_johnson@blm.gov or telephone: 702-515-5224. 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 parcel proposed for sale is located in 
the southwestern area of the City of Henderson, Nevada. It is currently 
encumbered by an authorized road, water pipeline, flood control 
facilities, and relinquished Nevada Department of Transportation 
mineral material site right-of-way. The subject public land is 
described as:

Mount Diablo Meridian

T. 23 S., R. 61 E.,
Sec. 21, N\1/2\;
Sec. 22, NW\1/4\.

    The area described contains 480 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 above.
    The general area of which encompasses this parcel was analyzed for 
future sale in the Las Vegas Valley Disposal Boundary Environmental 
Impact Statement (EIS), approved by Record of Decision on December 23, 
2004. The proposed sale parcel N-

[[Page 20414]]

90450, is being analyzed in a site specific environmental assessment 
number DOI-BLM-NV-S010-2012-0017-EA. Upon publication of this notice, 
the EA is available at the BLM Las Vegas Field Office for public review 
and comments. Only written comments submitted within 45 days from 
publication of this notice 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 any 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.
    This proposed modified competitive, sealed-bid sale is in 
conformance with the BLM Las Vegas Resource Management Plan (RMP), 
approved by Record of Decision on October 5, 1998. More specifically, 
the proposed action conforms to the RMP decision LD-1, which provides 
that ``Approximately 175,314 acres of public lands within the disposal 
areas identified on Map 2-3 are potentially available for disposal 
through sale, exchange, or Recreation and Public Purpose patent to 
provide for the orderly expansion and development of southern Nevada.''
    The property was proposed for sale pursuant to the SNPLMA, when the 
parcel was nominated by the City of Henderson to provide for community 
expansion and private uses consistent with City planning. Further, the 
City of Henderson has requested consideration for Silver State Land 
LLC, a Delaware limited liability company, as the designated bidder for 
this property. Silver State Land LLC and the City of Henderson have 
developed an agreement that provides for long-term public benefits to 
the City and local residents. Through collaboration and partnership 
with the City of Henderson, Silver State Land LLC agrees to develop the 
property for public recreation and commercial uses approved by the City 
of Henderson. Silver State Land LLC proposes to build enclosed, covered 
stadiums to create a distinctive sports venue and mixed-use facilities. 
The project would provide an economic diversification for southern 
Nevada and is proposed to be a national and international sports 
complex.
    After considering the City of Henderson's request, the BLM 
determined that a modified competitive, sealed-bid sale will be the 
appropriate method for disposal of this parcel. The use of the modified 
competitive, sealed-bid sale method is consistent with regulations at 
43 CFR 2711.3-2(a). Public lands may be offered for sale utilizing 
modified competitive bidding procedures when the authorized officer 
determines it is necessary in order to assure equitable distribution of 
land among purchasers or to recognize equitable considerations or 
public policies. Under the modified competitive bidding procedure 
provided in 43 CFR 2711.3-2(a)(1)(i), a designated bidder is offered 
the right to meet the highest bid. Refusal or failure to meet the 
highest bid shall constitute a waiver of the modified competitive 
bidding procedure for this proposed sale. For this sale, Silver State 
Land LLC will be the designated bidder.
    Sale procedures: To participate in the modified competitive, 
sealed-bid sale each bidder, including the designated bidder, must 
submit a bid guarantee deposit in the amount of $20,000 by certified 
check, postal money order, bank draft, or cashier's check made payable 
to the DOI-Bureau of Land Management, in addition to the percentage of 
the sealed bid amount as described below. Personal or company checks 
will not be accepted. Sealed bids for the sale must also include a 
certified check, postal money order, bank draft, or cashier's check 
made payable to the DOI-Bureau of Land Management in an amount not less 
than 20 percent of the total amount bid. For your convenience, this bid 
deposit amount and the bid guarantee may be combined into one form of 
deposit. These two payments must specify what amount goes towards the 
bid deposit and the bid guarantee. Sealed bid envelopes must be clearly 
marked on the front lower left corner with ``Sealed Bid, BLM Land Sale, 
N-90450.'' The sealed bid envelope must contain the $20,000 bid 
guarantee, the 20 percent bid deposit, and the completed BLM form, 
``Certificate of Eligibility,'' stating the name, mailing address, and 
telephone number of the entity or person submitting the bid. 
Certificate of Eligibility forms are available at the BLM Las Vegas 
Field Office at the address listed above and on the BLM Web site at: 
https://www.blm.gov/nv/st/en/snplma/Land_Auctions.html. Sealed bids 
will be opened and recorded to determine the high bidder on June 4, 
2012. The high bid among the qualified bids received will be declared.
    Silver State Land LLC or their authorized representative must be 
present at the bid opening. Should the Silver State Land LLC appoint an 
authorized representative for this sale, they must provide a written, 
notarized, and lawfully executed document specifying the level of 
capacity given to the representative. The document must be signed by 
both Silver State Land LLC and its representative. Silver State Land 
LLC or its representative will have the opportunity at the bid opening 
to meet and accept the high bid as the purchase price. Should the 
Silver State Land LLC or its representative refuse to meet the declared 
high bid, that bidder will be declared the successful bidder in 
accordance with the regulations at 43 CFR 2711.3-2(c). Acceptance or 
rejection of any offer to purchase will be in accordance with the 
regulations at 43 CFR 2711.3-1(f) and (g).
    All funds submitted with unsuccessful bids will be returned to the 
bidders or their authorized representative upon presentation of 
acceptable photo identification at the address above, or will be 
returned by certified mail. The successful bidder may elect a refund of 
the $20,000 bid guarantee, or may elect to apply it toward the final 
purchase price. The successful bidder will be allowed 180 calendar days 
from the date of the sale to submit the remainder of the full purchase 
price.
    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 authorized officer officially 
accepts the high bid offer to purchase and the full bid price is paid.
    If there are no acceptable bids, the parcel may remain available 
for sale at a future date in accordance with competitive sale 
procedures without further notice.
    Federal law requires that qualified bidders must be (a) a citizen 
of the United States 18 years of age or older; (b) A corporation 
subject to the laws of any State or of the United States; (c) A State, 
State instrumentality, or political subdivision authorized to hold real 
property; and (d) An entity legally capable of conveying and holding 
lands or interests therein under the laws of the State within which the 
lands to be conveyed are located. Where applicable, the entity shall 
also meet the requirements of (a) and (b) of this paragraph. United 
States citizenship is evidenced by presenting a birth certificate, 
passport, or naturalization papers. Failure to submit the appropriate 
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.

[[Page 20415]]

    Terms and Conditions: All minerals for the parcel will be reserved 
to the United States 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 case file 
N-90450 and is available for public review at the BLM Las Vegas Field 
Office at the address listed.
    The patent, when issued for sale parcel N-90450, will contain a 
mineral reservation to the United States.
    The parcel is subject to limitations prescribed by law and 
regulation, and certain encumbrances in favor of third parties. Prior 
to patent issuance, a holder of any right-of-way within the parcel will 
be given the opportunity to amend the right-of-way for conversion to a 
new term, including perpetuity, if applicable, or conversion to an 
easement. The BLM will notify valid existing right-of-way holders of 
record 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.
    The following numbered terms, conditions, and reservations will 
appear on the conveyance document for this parcel:
    1. All mineral deposits in the lands so patented, and to it, or 
persons authorized by it, the right to prospect for, mine, and remove 
such deposits from the same under applicable law and regulations to be 
established by the Secretary of the Interior are reserved to the United 
States, 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' plans;
    5. Right-of-way N-78907 for water pipeline purposes granted to Las 
Vegas Valley Water District, its successors or assigns pursuant to the 
Act of October 21, 1976 (43 U.S.C. 1761);
    6. Right-of-way N-80146 for road purposes granted to the City of 
Henderson, its successors or assigns, pursuant to the Act of October 
21, 1976 (43 U.S.C. 1761);
    7. Right-of-way N-80147 for drainage facility purposes granted to 
the City of Henderson, its successors or assigns, pursuant to the Act 
of October 21, 1976 (43 U.S.C. 1761); and
    8. 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: (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; or (6) 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;
    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 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 this 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.
    Unless other satisfactory arrangements are approved in advance by 
the 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 no 
later than close of business at 4:30 p.m. Pacific Time at the BLM Las 
Vegas Field Office, at the address above, 30 days from the date on the 
written notification of acceptance of the high bid. Name changes will 
not be accepted after that date. To submit a name change, the 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 received 
no later than 4:30 p.m., Pacific Time, within 180 days following the 
day of the sale. Payment must be submitted in the form of a certified 
check, U.S. postal money order, bank draft, cashier's check, or made 
available by electronic fund transfer made payable in U.S. dollars to 
the ``Department of the Interior--Bureau of Land Management'' to the 
BLM Las Vegas Field Office, at the address listed above. 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 will not sign any documents related to 1031 Exchange 
transactions.

[[Page 20416]]

The timing for completion of an exchange is the bidder's 
responsibility. The BLM cannot be a party to any 1031 Exchange.
    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 as may be provided by applicable law or 
regulations.
    Upon 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 date of the auction offering if the parcel is not 
sold. 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 Las Vegas Field Office, except during federally 
recognized holidays.
    In order to determine the FMV through appraisal, certain 
extraordinary assumptions and hypothetical conditions 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 in the ADDRESSES section.
    Any adverse comments regarding the proposed sale will be reviewed 
by the BLM Nevada State Director or other authorized official of the 
Department of the Interior 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 2711.1-2.

Vanessa L. Hice,
Assistant Field Manager, Division of Lands.
[FR Doc. 2012-8097 Filed 3-30-12; 4:15 pm]
BILLING CODE 4310-HC-P