Notice of Realty Action: Direct Sale of Public Land to the City of Las Vegas, Nevada, 369-371 [2022-28585]
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 2 / Wednesday, January 4, 2023 / Notices
occupancy of the patented real property.
Upon simultaneous transfer as
described above, successors-in-interests
to Clark County of the patented real
property will 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 successors-ininterest, or its employees, agents,
contractors, or lessees, or any thirdparty, arising out of or in connection
with the successor-in-interest’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 successorin-interest, and its employees, agents,
contractors, or leases, or any third party,
arising out of or in connection with the
use and/or occupancy of the patented
real property which has already resulted
or does hereafter result in: (1) Violations
of Federal, State, and local laws and
regulations that are now, or may in the
future become, applicable to the real
property; (2) Judgments, claims, or
demands of any kind assessed against
the United States; (3) Costs, expenses, or
damages of any kind incurred by the
United States; (4) Other releases or
threatened releases of solid or
hazardous waste(s) and/or hazardous
substance(s), as defined by Federal or
State environmental laws, off, on, into,
or under land, property, and other
interests of the United States; (5) Other
activities by which solids or hazardous
substances or wastes, as defined by
Federal and State environmental laws,
are 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 will be construed as running
with the parcel of land patented or
otherwise conveyed by the United
States and may be enforced against
successors-in-interest by the United
States in a court of competent
jurisdiction.
If patented, title to the land will be
subject to the following numbered
reservations to the United States:
1. All minerals are reserved to the
United States. Permittees, licensees, and
lessees of the United States retain the
right to prospect for, mine, and remove
such leasable and saleable minerals
owned by the United States under
applicable law and any regulations that
the Secretary of the Interior may
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16:55 Jan 03, 2023
Jkt 259001
prescribe, together with all necessary
access and exit rights;
2. A right-of-way for ditches or canals
constructed by the authority of the
United States pursuant to the Act of
August 30, 1890 (43 U.S.C. 945); and
3. A reversionary interest as further
defined in the above terms, covenants,
and conditions.
If patented, title to the land will be
subject to:
1. Valid existing rights, including but
not limited to those documented on the
BLM public land records at the time of
sale and as defined below;
2. A right-of-way for public county
road purposes granted to Clark County,
its successors and assigns, by right-ofway number N–55084, pursuant to title
V of the Act of October 21, 1976; 43
U.S.C. 1761;
3. A right-of-way for an overhead
transmission line granted to NV Energy,
its successors and assigns, by right-ofway number N–54735, pursuant to title
V of the Act of October 21, 1976 (90
Stat. 2776; 43 U.S.C. 1761);
4. A right-of-way for an electrical
distribution line granted to NV Power
Co, its successors and assigns, by rightof-way number N–79333, pursuant to
title V of the Act of October 21, 1976 (90
Stat. 2776; 43 U.S.C. 1761);
5. A right-of-way for a natural gas
pipeline granted to Southwest Gas
Corporation, its successors and assigns,
by right-of-way number N–57512,
pursuant to title V of the Act of October
21, 1976 (90 Stat. 2776; 43 U.S.C. 1761);
6. A right-of-way for an overhead
transmission line granted to NV Energy,
its successors and assigns, by right-ofway number N–78459, pursuant to title
V of the Act of October 21, 1976 (90
Stat. 2776; 43 U.S.C. 1761);
Clark County must remit the
remainder of the purchase price within
180 days from the date of receiving the
sale offer to the BLM Las Vegas Field
Office. Payment must be submitted in
the form of a certified check, 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. The
BLM will not accept personal or
company checks. Failure to meet
conditions established for this sale will
void the sale and any funds received
will be forfeited. Arrangements for
electronic fund transfer to the BLM for
payment of the balance due must be
made a minimum of 14 days prior to the
payment date.
Public comments regarding the sale
may be submitted in writing to the
address in the ADDRESSES section.
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369
Before including your address, phone
number, email address, or other
personally identifiable information in
your comment, you should be aware
that your entire comment—including
any personally identifiable
information—may be made publicly
available at any time. While you can ask
us in your comment to withhold your
personally identifiable information from
public review, we cannot guarantee that
we will be able to do so.
Information concerning the sale
parcel, including encumbrances of
record, appraisals, reservations,
procedures and conditions,
Comprehensive Environmental
Response, Compensation and Liability
Act, 42 U.S.C. 9620(h) (CERCLA), and
other environmental documents that
may appear in the BLM public files for
the sale parcel, are available for review.
Any comments regarding the
proposed sale will be reviewed by the
BLM Nevada State Director, who may
sustain, vacate, or modify this realty
action in response to such comments. In
the absence of any comments, this realty
action will become the final
determination of the Department of the
Interior.
Authority: 43 CFR 2711.1–2.
Stephen Leslie,
Assistant Field Manager, Las Vegas Field
Office.
[FR Doc. 2022–28536 Filed 1–3–23; 8:45 am]
BILLING CODE 4310–HC–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNVS01000 L54400000 EU0000
LVCLF2004410; N–93312; 241A; 14–08807;
MO#4500154456; TAS: 20X]
Notice of Realty Action: Direct Sale of
Public Land to the City of Las Vegas,
Nevada
Bureau of Land Management,
Interior.
ACTION: Notice of realty action.
AGENCY:
The Bureau of Land
Management (BLM) proposes a noncompetitive (direct) sale of 939.52 acres
of public land to the City of Las Vegas
(City), Nevada, at no less than fair
market value (FMV), pursuant to the
Southern Nevada Public Land
Management Act of 1998, as amended
(SNPLMA) and applicable provisions of
the Federal Land Policy and
Management Act of 1976, as amended
(FLPMA) and the BLM land sale
regulations. The appraised FMV for the
sale parcel is $94,000,000.00. The City
nominated this parcel for disposal to
SUMMARY:
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04JAN1
370
Federal Register / Vol. 88, No. 2 / Wednesday, January 4, 2023 / Notices
promote community expansion and
economic development within the City.
DATES: Submit written comments
regarding this direct sale until February
21, 2023.
ADDRESSES: Mail written comments to
the BLM Las Vegas Field Office,
Assistant Field Manager, Division of
Lands, 4701 North Torrey Pines Drive,
Las Vegas, Nevada 89130.
FOR FURTHER INFORMATION CONTACT:
Jayangi Ayesha Gamage, Realty
Specialist, BLM Las Vegas Field Office,
telephone (702) 515–5189, email at
jgamage@blm.gov; or you may contact
the BLM Las Vegas Field Office at the
earlier-listed address. Individuals in the
United States who are deaf, deafblind,
hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or
TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: The land
abuts the Las Vegas Paiute Tribe’s Snow
Mountain Reservation on the west and
the Tule Springs Fossil Beds National
Monument on the north and east. The
parcel is located near the corner of
Moccasin Road and Sky Pointe Drive.
The public lands are legally described
as:
khammond on DSKJM1Z7X2PROD with NOTICES
Mount Diablo Meridian, Nevada
T. 18 S., R. 60 E.,
Sec. 30, lots 17, 19 and lots 21 thru 25;
Sec. 31;
Sec. 32, lots 7, 8, 9, 11, lots 21 thru 25, lots
28, 31, 36, 38, 39, and 40.
The areas described contains
approximately 939.52 acres, according
to the official plat of the survey of the
said land on file with the BLM.
The BLM will also publish this Notice
of Realty Action once a week for three
consecutive weeks in the Las Vegas
Review-Journal newspaper.
This direct sale is in conformance
with the BLM Las Vegas Resource
Management Plan Record of Decision
LD–1, approved on October 5, 1998. The
Las Vegas Valley Disposal Boundary
Environmental Impact Statement (EIS)
and Record of Decision issued on
December 23, 2004, and Las Vegas InValley Area Multi-Action Analysis
Environmental Assessment (EA) (DOI–
BLM–NV–S010–2016–0054–EA)
analyzed the sale of this parcel. A
parcel-specific EA (DOI–BLM–NV–
S010–2021–0059–EA), which tiers to
the EIS and incorporates by reference
the analysis from the EA, was prepared
in connection with this Notice of Realty
Action.
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16:55 Jan 03, 2023
Jkt 259001
The City’s planned development for
the 939.52-acre parcel is designed to
strengthen community development
opportunities in the northwest part of
the Las Vegas Valley, integrating the
interests of the neighboring
communities and primary stakeholders,
including the Las Vegas Paiute Tribe
whose lands compose the boundaries of
the direct sale parcel. The planned
development for the site incorporates
residential and commercial uses while
providing employment and services for
the surrounding population and serves
as a gateway to recreational
opportunities in the area.
The land meets the criteria for direct
sale under FLPMA section 203(f) and 43
CFR 2711.3–3(a), which states, ‘‘Direct
sales (without competition) may be
utilized, when in the opinion of the
authorized officer, a competitive sale is
not appropriate, and the public interest
would best be served by a direct sale.’’
The direct sale of land to the City will
allow the City to retain significant
control over the development of the
land. The City Council selected
Olympia Companies, LLC as the Master
Developer for the land on August 21,
2019, during a City Council Meeting.
Using the direct sale approach will
allow the City to negotiate the
Development Agreement with the
Master Developer before the land is
transferred out of Federal ownership to
the City, and subsequently to the Master
Developer. A direct sale will also allow
the City to meet the terms of the
Intergovernmental Agreement between
the City and the Las Vegas Paiute Tribe
fully executed on April 7, 2021.
Accordingly, the parcel will be offered
through direct sale procedures pursuant
to 43 CFR 2711.3–3.
According to SNPLMA, as amended,
Public Law 105–263 section 4(c), lands
identified within the Las Vegas Valley
Disposal Boundary are withdrawn from
location and entry under the mining
laws and from operation under the
mineral leasing and geothermal leasing
laws until such time as the Secretary of
the Interior (Secretary) terminates the
withdrawal or the lands are patented.
Upon publication of this notice in the
Federal Register, the described land
will be segregated from all forms of
appropriation under the public land
laws, except for the sale provisions of
FLPMA. Upon publication of this notice
and until completion of this sale, the
BLM will no longer accept land use
applications affecting the parcel
identified for sale. 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
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title, or the FMV of the parcel. The
segregative effect of this notice
terminates upon issuance of a patent or
other document of conveyance to such
lands, or publication in the Federal
Register of a termination of the
segregation, whichever occurs first. The
total segregation period may not exceed
two years unless extended by the BLM
State Director, Nevada, in accordance
with 43 CFR 2711.1–2(d), prior to the
termination date.
The public land would not be offered
for sale to the City prior to 60 days from
the date of publication of this notice in
the Federal Register.
Terms and Conditions: FLPMA
section 209, 43 U.S.C. 1719(a), states
that ‘‘all conveyances of title issued by
the Secretary . . . shall reserve to the
United States all minerals in the lands’’.
Accordingly, all minerals for the sale
parcel will be reserved to the United
States. The patent, when issued, will
contain a mineral reservation to the
United States for all minerals.
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 (ROW)
within the sale parcel will have the
opportunity to amend their ROW for
conversion to a new term, including in
perpetuity if applicable, or to an
easement. The BLM will notify valid
existing ROW holders of record of their
ability to convert their compliant ROWs
to perpetual ROWs 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 patent, when issued to the City,
will be subject to the following
reservations or terms and conditions:
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 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;
3. The parcel is subject to valid
existing rights;
4. 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;
5. An appropriate indemnification
clause protecting the United States from
E:\FR\FM\04JAN1.SGM
04JAN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 2 / Wednesday, January 4, 2023 / Notices
claims arising out of the patentee’s use,
occupancy, or occupations on the
patented lands; and
6. Any other reservation or term and
condition that the Authorized Officer
deems appropriate.
To the extent required by law, the
parcel is subject to the requirements of
Section 120(h) of the Comprehensive
Environmental Response, Compensation
and Liability Act, 42 U.S.C. 9620(h)
(CERCLA), as amended. Accordingly,
notice is hereby given that the land has
been examined and no evidence was
found to indicate that any hazardous
substances have been stored for one year
or more, nor that any hazardous
substances have been disposed of or
released on the subject properties.
The City will have until 4:30 p.m.,
Pacific Time (PT), 30 days from the date
of receiving the sale offer to accept the
offer and submit a deposit of 20 percent
of the purchase price along with a
completed Certificate of Eligibility form.
The City must remit the remainder of
the purchase price within 180 days from
the date of receiving the sale offer to the
BLM Las Vegas Field Office (LVFO).
Payment must be submitted in the form
of a certified check, 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 LVFO.
The BLM will not accept personal or
company checks. Failure to meet
conditions established for this sale will
void the sale and any funds received
will be forfeited.
Arrangements for electronic fund
transfer to the BLM for payment of the
balance due must be made a minimum
of two weeks prior to the payment date.
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 within 30 days, if the BLM
authorized officer determines
consummation of the sale would be
inconsistent with any law, or for other
reasons as may be provided by
applicable law or regulations. No
contractual or other rights against the
United States may accrue until the BLM
officially accepts the offer to purchase
and the full price is paid.
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
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16:55 Jan 03, 2023
Jkt 259001
be endorsed or approved by units of
local government.
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 a parcel will not be on a
contingency basis.
It is the City’s responsibility to be
aware of all applicable Federal, State,
and local Government laws, regulations,
and policies that may affect the subject
land, including any required dedication
of lands for public uses. It is also the
City’s responsibility to be aware of
existing or prospective uses of nearby
properties. When conveyed out of
Federal ownership, the land will be
subject to any applicable laws,
regulations, and policies of the
applicable local government for
proposed future uses. It is the
responsibility of the City to be aware
through due diligence of those laws,
regulations, and policies, and to seek
any required local approvals for future
uses. The City should make itself 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 acquiring future
access will be the responsibility of the
City.
Information concerning the sale,
encumbrances of record, appraisal,
reservations, procedures, and
conditions, CERCLA, and other
environmental documents that may
appear in the BLM public files for the
sale parcel, is available for review by
appointment only, during business
hours, from 8 a.m. to 4:30 p.m. PT,
Monday through Friday, at the BLM
LVFO, except during Federal holidays.
Public comments regarding the sale
may be submitted in writing to the
address in the ADDRESSES section.
Before including your address, phone
number, email address, or other
personal identifiable information (PII) in
your comment, you should be aware
that your entire comment—including
your PII—may be made publicly
available at any time. While you can ask
us in your comment to withhold your
PII from public review, we cannot
guarantee that we will be able to do so.
Any comments regarding the
proposed sale will be reviewed by the
BLM Nevada State Director, who may
sustain, vacate, or modify this realty
action in response to such comments. In
the absence of any comments, this realty
action will become the final
determination of the Department of the
Interior.
PO 00000
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371
Authority: 43 CFR 2711.1–2.
Stephen Leslie,
Assistant Field Manager, Las Vegas Field
Office.
[FR Doc. 2022–28585 Filed 1–3–23; 8:45 am]
BILLING CODE 4310–HC–P
INTERNATIONAL TRADE
COMMISSION
Notice of Receipt of Complaint;
Solicitation of Comments Relating to
the Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has received a complaint
entitled Certain Active Matrix Organic
Light-Emitting Diode Display Panels and
Modules for Mobile Devices, and
Components Thereof, DN 3661; the
Commission is soliciting comments on
any public interest issues raised by the
complaint or complainant’s filing
pursuant to the Commission’s Rules of
Practice and Procedure.
FOR FURTHER INFORMATION CONTACT:
Katherine M. Hiner, Acting Secretary to
the Commission, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2000. The public version of the
complaint can be accessed on the
Commission’s Electronic Document
Information System (EDIS) at https://
edis.usitc.gov. For help accessing EDIS,
please email EDIS3Help@usitc.gov.
General information concerning the
Commission may also be obtained by
accessing its internet server at United
States International Trade Commission
(USITC) at https://www.usitc.gov. The
public record for this investigation may
be viewed on the Commission’s
Electronic Document Information
System (EDIS) at https://edis.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: The
Commission has received a complaint
and a submission pursuant to § 210.8(b)
of the Commission’s Rules of Practice
and Procedure filed on behalf of
Samsung Display Co., Ltd. on December
28, 2022. The complaint alleges
violations of section 337 of the Tariff
Act of 1930 (19 U.S.C. 1337) in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
SUMMARY:
E:\FR\FM\04JAN1.SGM
04JAN1
]]>Agencies
[Federal Register Volume 88, Number 2 (Wednesday, January 4, 2023)]
[Notices]
[Pages 369-371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28585]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNVS01000 L54400000 EU0000 LVCLF2004410; N-93312; 241A; 14-08807;
MO#4500154456; TAS: 20X]
Notice of Realty Action: Direct Sale of Public Land to the City
of Las Vegas, Nevada
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of realty action.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) proposes a non-competitive
(direct) sale of 939.52 acres of public land to the City of Las Vegas
(City), Nevada, at no less than fair market value (FMV), pursuant to
the Southern Nevada Public Land Management Act of 1998, as amended
(SNPLMA) and applicable provisions of the Federal Land Policy and
Management Act of 1976, as amended (FLPMA) and the BLM land sale
regulations. The appraised FMV for the sale parcel is $94,000,000.00.
The City nominated this parcel for disposal to
[[Page 370]]
promote community expansion and economic development within the City.
DATES: Submit written comments regarding this direct sale until
February 21, 2023.
ADDRESSES: Mail written comments to the BLM Las Vegas Field Office,
Assistant Field Manager, Division of Lands, 4701 North Torrey Pines
Drive, Las Vegas, Nevada 89130.
FOR FURTHER INFORMATION CONTACT: Jayangi Ayesha Gamage, Realty
Specialist, BLM Las Vegas Field Office, telephone (702) 515-5189, email
at [email protected]; or you may contact the BLM Las Vegas Field Office
at the earlier-listed address. Individuals in the United States who are
deaf, deafblind, hard of hearing, or have a speech disability may dial
711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: The land abuts the Las Vegas Paiute Tribe's
Snow Mountain Reservation on the west and the Tule Springs Fossil Beds
National Monument on the north and east. The parcel is located near the
corner of Moccasin Road and Sky Pointe Drive.
The public lands are legally described as:
Mount Diablo Meridian, Nevada
T. 18 S., R. 60 E.,
Sec. 30, lots 17, 19 and lots 21 thru 25;
Sec. 31;
Sec. 32, lots 7, 8, 9, 11, lots 21 thru 25, lots 28, 31, 36, 38,
39, and 40.
The areas described contains approximately 939.52 acres, according
to the official plat of the survey of the said land on file with the
BLM.
The BLM will also publish this Notice of Realty Action once a week
for three consecutive weeks in the Las Vegas Review-Journal newspaper.
This direct sale is in conformance with the BLM Las Vegas Resource
Management Plan Record of Decision LD-1, approved on October 5, 1998.
The Las Vegas Valley Disposal Boundary Environmental Impact Statement
(EIS) and Record of Decision issued on December 23, 2004, and Las Vegas
In-Valley Area Multi-Action Analysis Environmental Assessment (EA)
(DOI-BLM-NV-S010-2016-0054-EA) analyzed the sale of this parcel. A
parcel-specific EA (DOI-BLM-NV-S010-2021-0059-EA), which tiers to the
EIS and incorporates by reference the analysis from the EA, was
prepared in connection with this Notice of Realty Action.
The City's planned development for the 939.52-acre parcel is
designed to strengthen community development opportunities in the
northwest part of the Las Vegas Valley, integrating the interests of
the neighboring communities and primary stakeholders, including the Las
Vegas Paiute Tribe whose lands compose the boundaries of the direct
sale parcel. The planned development for the site incorporates
residential and commercial uses while providing employment and services
for the surrounding population and serves as a gateway to recreational
opportunities in the area.
The land meets the criteria for direct sale under FLPMA section
203(f) and 43 CFR 2711.3-3(a), which states, ``Direct sales (without
competition) may be utilized, when in the opinion of the authorized
officer, a competitive sale is not appropriate, and the public interest
would best be served by a direct sale.'' The direct sale of land to the
City will allow the City to retain significant control over the
development of the land. The City Council selected Olympia Companies,
LLC as the Master Developer for the land on August 21, 2019, during a
City Council Meeting. Using the direct sale approach will allow the
City to negotiate the Development Agreement with the Master Developer
before the land is transferred out of Federal ownership to the City,
and subsequently to the Master Developer. A direct sale will also allow
the City to meet the terms of the Intergovernmental Agreement between
the City and the Las Vegas Paiute Tribe fully executed on April 7,
2021. Accordingly, the parcel will be offered through direct sale
procedures pursuant to 43 CFR 2711.3-3.
According to SNPLMA, as amended, Public Law 105-263 section 4(c),
lands identified within the Las Vegas Valley Disposal Boundary are
withdrawn from location and entry under the mining laws and from
operation under the mineral leasing and geothermal leasing laws until
such time as the Secretary of the Interior (Secretary) terminates the
withdrawal or the lands are patented.
Upon publication of this notice in the Federal Register, the
described land will be segregated from all forms of appropriation under
the public land laws, except for the sale provisions of FLPMA. Upon
publication of this notice and until completion of this sale, the BLM
will no longer accept land use applications affecting the parcel
identified for sale. The parcel may be subject to land use applications
received prior to publication of this notice if processing the
application would have no adverse effect on the marketability of title,
or the FMV of the parcel. The segregative effect of this notice
terminates upon issuance of a patent or other document of conveyance to
such lands, or publication in the Federal Register of a termination of
the segregation, whichever occurs first. The total segregation period
may not exceed two years unless extended by the BLM State Director,
Nevada, in accordance with 43 CFR 2711.1-2(d), prior to the termination
date.
The public land would not be offered for sale to the City prior to
60 days from the date of publication of this notice in the Federal
Register.
Terms and Conditions: FLPMA section 209, 43 U.S.C. 1719(a), states
that ``all conveyances of title issued by the Secretary . . . shall
reserve to the United States all minerals in the lands''. Accordingly,
all minerals for the sale parcel will be reserved to the United States.
The patent, when issued, will contain a mineral reservation to the
United States for all minerals.
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 (ROW) within the sale
parcel will have the opportunity to amend their ROW for conversion to a
new term, including in perpetuity if applicable, or to an easement. The
BLM will notify valid existing ROW holders of record of their ability
to convert their compliant ROWs to perpetual ROWs 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 patent, when issued to the City, will be subject to the
following reservations or terms and conditions:
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 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;
3. The parcel is subject to valid existing rights;
4. 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;
5. An appropriate indemnification clause protecting the United
States from
[[Page 371]]
claims arising out of the patentee's use, occupancy, or occupations on
the patented lands; and
6. Any other reservation or term and condition that the Authorized
Officer deems appropriate.
To the extent required by law, the parcel is subject to the
requirements of Section 120(h) of the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. 9620(h) (CERCLA),
as amended. Accordingly, notice is hereby given that the land has been
examined and no evidence was found to indicate that any hazardous
substances have been stored for one year or more, nor that any
hazardous substances have been disposed of or released on the subject
properties.
The City will have until 4:30 p.m., Pacific Time (PT), 30 days from
the date of receiving the sale offer to accept the offer and submit a
deposit of 20 percent of the purchase price along with a completed
Certificate of Eligibility form. The City must remit the remainder of
the purchase price within 180 days from the date of receiving the sale
offer to the BLM Las Vegas Field Office (LVFO). Payment must be
submitted in the form of a certified check, 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 LVFO. The BLM will not accept
personal or company checks. Failure to meet conditions established for
this sale will void the sale and any funds received will be forfeited.
Arrangements for electronic fund transfer to the BLM for payment of
the balance due must be made a minimum of two weeks prior to the
payment date.
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 within 30 days, if the BLM authorized
officer determines consummation of the sale would be inconsistent with
any law, or for other reasons as may be provided by applicable law or
regulations. No contractual or other rights against the United States
may accrue until the BLM officially accepts the offer to purchase and
the full price is paid.
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.
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 a parcel will not be on a
contingency basis.
It is the City's responsibility to be aware of all applicable
Federal, State, and local Government laws, regulations, and policies
that may affect the subject land, including any required dedication of
lands for public uses. It is also the City's responsibility to be aware
of existing or prospective uses of nearby properties. When conveyed out
of Federal ownership, the land will be subject to any applicable laws,
regulations, and policies of the applicable local government for
proposed future uses. It is the responsibility of the City to be aware
through due diligence of those laws, regulations, and policies, and to
seek any required local approvals for future uses. The City should make
itself 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 acquiring future access
will be the responsibility of the City.
Information concerning the sale, encumbrances of record, appraisal,
reservations, procedures, and conditions, CERCLA, and other
environmental documents that may appear in the BLM public files for the
sale parcel, is available for review by appointment only, during
business hours, from 8 a.m. to 4:30 p.m. PT, Monday through Friday, at
the BLM LVFO, except during Federal holidays.
Public comments regarding the sale may be submitted in writing to
the address in the ADDRESSES section. Before including your address,
phone number, email address, or other personal identifiable information
(PII) in your comment, you should be aware that your entire comment--
including your PII--may be made publicly available at any time. While
you can ask us in your comment to withhold your PII from public review,
we cannot guarantee that we will be able to do so.
Any comments regarding the proposed sale will be reviewed by the
BLM Nevada State Director, who may sustain, vacate, or modify this
realty action in response to such comments. In the absence of any
comments, this realty action will become the final determination of the
Department of the Interior.
Authority: 43 CFR 2711.1-2.
Stephen Leslie,
Assistant Field Manager, Las Vegas Field Office.
[FR Doc. 2022-28585 Filed 1-3-23; 8:45 am]
BILLING CODE 4310-HC-P
