Notice of Realty Action: Modified Competitive, Sealed-Bid Sale of Public Land in Clark County, NV, 20413-20416 [2012-8097]
Download as PDF
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices
The BLM and Western will use and
coordinate the Draft EIS public review
and comment period to assist the
agencies in satisfying the public
involvement requirements under
Section 106 of the National Historic
Preservation Act (NHPA) (16 U.S.C.
470(f)), as provided for in 36 CFR
800.2(d)(3). Information about historic
and cultural resources within the area
potentially affected by the proposed
project will assist the BLM and Western
in identifying and evaluating impacts to
such resources in the context of both
NEPA and Section 106 of the NHPA.
Consultation with American Indian
tribes will be conducted in accordance
with applicable policies; tribal
concerns, including impacts on Indian
trust assets, will be given due
consideration.
Before including addresses, phone
numbers, email addresses, or other
personal identifying information in
comments, commenters should be aware
that entire comments—including
personal identifying information—may
be made publicly available at any time.
Requests may be made that personal
identifying information be withheld
from public review; however, the BLM
and Western cannot guarantee that they
will be able to do so.
Authority: 40 CFR 1501.7; 43 CFR 1610.2.
William W. Merhege,
Deputy State Director, Resources, Bureau of
Land Management, New Mexico.
Timothy J. Meeks,
Administrator, Western Area Power
Administration.
FOR FURTHER INFORMATION CONTACT:
Bureau of Land Management, Julie L.
Weaver, Chief, Fluid Minerals
Adjudication, at (307) 775–6176.
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 lessee
has agreed to the amended lease terms
for rentals and royalties at rates of $10
per acre or fraction thereof, per year and
162⁄3 percent, respectively. The lessee
has paid the required $500
administrative fee and $159 to
reimburse the Department for the cost of
this Federal Register notice. The lessee
has met all the requirements for
reinstatement of the lease as set out in
Sections 31(d) and (e) of the Mineral
Lands Leasing Act of 1920 (30 U.S.C.
188), and the BLM is proposing to
reinstate lease WYW164675 effective
December 1, 2009, under the original
terms and conditions of the lease and
the increased rental and royalty rates
cited above. The BLM has not issued a
valid lease to any other interest affecting
the lands.
Julie L. Weaver,
Chief, Branch of Fluid Minerals Adjudication.
[FR Doc. 2012–8102 Filed 4–3–12; 8:45 am]
BILLING CODE 4310–22–P
[FR Doc. 2012–8094 Filed 4–3–12; 8:45 am]
DEPARTMENT OF THE INTERIOR
BILLING CODE 4310–FB–P
Bureau of Land Management
DEPARTMENT OF THE INTERIOR
[LLNVS00560 L58530000 EU0000 241A; N–
90450; 12–08807; MO# 4500032437; TAS:
14X5232]
Bureau of Land Management
[WY–923–1310–FI; WYW164675]
Notice of Proposed Reinstatement of
Terminated Oil and Gas Lease
WYW164675, Wyoming
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
Under the provisions of the
Mineral Leasing Act of 1920, as
amended, the Bureau of Land
Management (BLM) received a petition
for reinstatement from Equus Energy
Corporation for competitive oil and gas
lease WYW164675 for land in Converse
County, Wyoming. The petition was
filed on time and was accompanied by
all the rentals due since the date the
lease terminated under the law.
emcdonald on DSK29S0YB1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
15:28 Apr 03, 2012
Jkt 226001
Notice of Realty Action: Modified
Competitive, Sealed-Bid Sale of Public
Land in Clark County, NV
AGENCY:
Bureau of Land Management,
Interior.
Notice of Realty Action.
ACTION:
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
SUMMARY:
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
20413
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, N1⁄2;
Sec. 22, NW1⁄4.
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–
E:\FR\FM\04APN1.SGM
04APN1
emcdonald on DSK29S0YB1PROD with NOTICES
20414
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices
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,
VerDate Mar<15>2010
15:28 Apr 03, 2012
Jkt 226001
sealed-bid sale will be the appropriate
method for disposal of this parcel. The
use of the modified competitive, sealedbid 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
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
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 highbidder letter shall result in cancellation
of the sale and forfeiture of the bid
deposit.
E:\FR\FM\04APN1.SGM
04APN1
emcdonald on DSK29S0YB1PROD with NOTICES
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices
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
VerDate Mar<15>2010
15:28 Apr 03, 2012
Jkt 226001
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
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
20415
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.
E:\FR\FM\04APN1.SGM
04APN1
emcdonald on DSK29S0YB1PROD with NOTICES
20416
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices
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
VerDate Mar<15>2010
15:28 Apr 03, 2012
Jkt 226001
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
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 332–528]
Used Electronic Products: An
Examination of U.S. Exports; Proposed
Information Collection; Comment
Request; Used Electronic Products
Questionnaire
United States International
Trade Commission.
ACTION: In accordance with the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. chapter 35), the
U.S. International Trade Commission
(Commission) will submit a request for
approval of a questionnaire to the Office
of Management and Budget for review.
AGENCY:
To ensure consideration, written
comments must be submitted on or
before June 1, 2012.
ADDRESSES: Direct all written comments
to Laura Bloodgood, Project Leader, U.S.
International Trade Commission, 500 E
Street SW., Washington, DC 20436 (or
via email at laura.bloodgood@usitc.gov).
Additional Information: Copies of the
questionnaire and supporting
investigation documents may be
obtained from project leader Laura
Bloodgood (laura.bloodgood@usitc.gov
or 202–708–4726) or deputy project
leader Andrea Boron
(andrea.boron@usitc.gov or 202–205–
3433). Supporting documents may also
be downloaded from the Commission
Web site at https://www.usitc.gov/
research_and_analysis/
What_We_Are_Working_On.htm.
Purpose of Information Collection:
The form is for use by the Commission
in connection with Investigation No.
332–528, Used Electronic Products: An
DATES:
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
Examination of U.S. Exports, instituted
under the authority of section 332(g) of
the Tariff Act of 1930 (19 U.S.C.
1332(g)). This investigation was
requested by the United States Trade
Representative (USTR). The
Commission expects to deliver the
results of its investigation to the USTR
by February 10, 2013.
Summary of Proposal
(1) Number of forms submitted: 1.
(2) Title of form: Used Electronic
Products Questionnaire.
(3) Type of request: New.
(4) Frequency of use: Industry
questionnaire, single data gathering,
scheduled for 2012.
(5) Description of respondents: U.S.
firms acquiring, refurbishing, repairing,
reselling, recycling, and/or exporting
used electronic products in 2011.
(6) Estimated number of respondents:
5,000.
(7) Estimated total number of hours to
complete the form per respondent: 2.5
hours.
(8) Information obtained from the
form that qualifies as confidential
business information will be so treated
by the Commission and not disclosed in
a manner that would reveal the
individual operations of a firm.
SUPPLEMENTARY INFORMATION:
I. Abstract
The U.S. Trade Representative has
directed the Commission to prepare a
report that (1) provides estimates and
details of U.S. exports of used electronic
products, and the share of exports
compared to all used electronic
products sold or processed in the
United States, (2) describes U.S.
companies that export used electronic
products, and (3) describes the foreign
enterprises that import used electronic
products from the United States. The
Commission will base its report on a
review of available data and other
information, including the collection of
primary data through a survey of
enterprises engaged in the processing of
used electronic products.
The report will cover 2011 annual
data, and to the extent practicable will
estimate and describe the following:
a. The type, volume, and value of, and
foreign markets of significance for,
exports of used electronic products from
the United States;
b. The forms and activities, with
respect to used electronic products, of
enterprises receiving U.S. exporters’
shipments, most common end uses of
exports in the foreign market (i.e.,
further processing, final disposal, etc.),
and the extent of cross-border, intra-firm
shipments by U.S. exporters;
E:\FR\FM\04APN1.SGM
04APN1
Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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