[Federal Register Volume 72, Number 114 (Thursday, June 14, 2007)]
[Notices]
[Pages 32859-32860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11446]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NV-056-5853-EU; N-62824, 7-08807]
Notice of Realty Action: Direct Sale of Federal Interest in
Public Lands in Clark County, NV (N-62824)
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 the
Federal interest in public lands consisting of a reversionary interest,
by direct sale, containing approximately 60 acres. The public lands
have been designated for disposal within Clark County, Nevada, to Basic
Management Incorporated (BMI) and will be offered for direct sale. The
interest in land proposed for sale has been authorized and designated
for disposal under the Southern Nevada Public Land Management Act of
1998 (112 Stat. 2343), as amended (hereinafter ``SNPLMA''). The
reversionary interest in the lands will be offered noncompetitively in
accordance with the applicable provisions of Sections 203 and 209 of
the Federal Land Policy Management Act of 1976 (FLPMA) (43 U.S.C. 1713
and 1719), and FLPMA's implementing regulations, in particular 43 CFR
2711.3-3. The environmental assessment, map, approved appraisal report
and other supporting documentation are available for review at the BLM,
Las Vegas Field Office (LVFO), Las Vegas, Nevada.
DATES: Written comments regarding the proposed sale must be received by
the BLM on or before July 30, 2007.
ADDRESSES: Comments regarding the proposed sale should be addressed to:
Field Manager, Las Vegas Field Office, Bureau of Land Management, 4701
N. Torrey Pines Drive, Las Vegas, Nevada 89130.
More detailed information regarding the proposed sale and the land
involved may be reviewed during normal business hours (7:30 a.m. to
4:30 p.m.) at the BLM, Las Vegas Field Office (LVFO).
FOR FURTHER INFORMATION CONTACT: You may contact Anna Wharton,
Supervisory Realty Specialist at (702) 515-5082. You may also call
(702) 515-5000 and ask to have your call directed to a member of the
Sales Team.
SUPPLEMENTARY INFORMATION: This sale is in conformance with the BLM,
Las Vegas Resource Management Plan, approved October 15, 1998. BLM has
determined that the sale action conforms with the land use plan
decision LD-1 under the authority of FLPMA. The land contains no other
known public values. The reversionary interest for the parcel will be
sold at not less than the appraised fair market value (FMV) of the
parcel, which has been determined to be $18,068,000.00. Appraisal of
the reversionary interest was conducted in accordance with Federal
appraisal standards and reviewed by the Department of the Interior
prior to sale of public land or an interest in public land. On April
15, 1965, BMI, received a patent to approximately 60 acres of land
under an Act of Congress dated August 27, 1954 (68 Stat. A223) (Act).
Consistent with the Act, this patent was issued for the development,
production, pumping, storage, transmission, and distribution of water.
The patent contains a provision that states ``provided, that, whenever
the land herein granted shall cease to be used for the purposes for
which it was granted, the estate of the grantee or its assigns shall
terminate and revest to the United States''. The land has been used by
BMI for 39 years for the purposes allowed in the patent in providing
water for the City of Henderson, Nevada's municipal water system. Basic
Environmental Company, LLC (BEC) as successor to Basic Management
Incorporated, has requested a purchase of the reversionary interest,
the remaining interest in the patented land held by the United States.
Regulation 43 CFR part 2711-3-3(a) states that ``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. Examples
include, but are not limited to * * * (2) A tract identified for sale
that is an integral part of a project of public importance and
speculative bidding would jeopardize a timely completion and economic
viability of the project; and (3) There is a need to recognize an
authorized use such as an existing business which could suffer a
substantial economic loss if the tract were purchased by other than the
authorized user.''
Due to the patent that authorizes the existing improvements owned
and maintained by BEC, and the continuing use of the land to provide
municipal water to the City of Henderson, it is impracticable for the
United States to sell the land to any entity other than the current
title holder. The SNPLMA directs orderly disposal of land. In the
opinion of the authorized officer, a direct sale to BEC, best serves
the public interest. Existing improved lands consist of 19.3 acres and
the balance equals 40.7 acres, totaling 60 acres.
Land Proposed for Sale
Mount Diablo Meridian, Nevada
T. 21 S., R. 63 E.,
Sec. 33, SE\1/4\SE\1/4\NE\1/4\SW\1/4\, E\1/2\NE\1/4\SE\1/4\SW\1/
4\, NE\1/4\SE\1/4\SE\1/4\SW\1/4\, S\1/2\NW\1/4\SE\1/4\, N\1/2\SW\1/
4\SE\1/4\, and N\1/2\S\1/2\SW\1/4\SE\1/4\.
[[Page 32860]]
The lands described above contain 60 acres, more or less,
identified as Clark County Assessor Parcel 160-33-801-001.
Terms and Conditions of Sale
The parcel is subject to the following:
1. When the remaining interest in the parcel of land is sold, the
locatable mineral interests will be sold simultaneously as part of the
land sale. The land identified for sale has no known mineral value for
minerals located under the 1872 Mining Law, as amended. Acceptance of
the offer to purchase will constitute an application for conveyance of
these mineral interests. In conjunction with the final payment, the
applicant will be required to pay a $50 non-refundable filing fee for
processing the conveyance of this mineral interest. Minerals that fall
within the Mineral Leasing Act of 1920, and the Materials Act of 1947,
as amended, are reserved under applicable law and any regulations that
the Secretary of the Interior may prescribe, including 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. Parcels may also
be subject to applications received prior to publication of this Notice
if processing the application would have no adverse affect on the
federally approved Fair Market Value (FMV).
4. The parcel is subject to reservations for road, public utilities
and flood control purposes, both existing and proposed, in accordance
with the local governing entities' Transportation Plans.
5. All purchasers/patentees, by accepting a patent, agree to
indemnify, defend, and hold the United States harmless from any cost,
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 or their 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 (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) Cost,
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 shall be construed as
running with patented real property and may be enforced by the United
States in a court of competent jurisdiction.
Pursuant to the requirements established by Section 120(h) of the
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), (42 U.S.C. 9620(h)), as amended by the Superfund Amendments
and Reauthorization Act of 1988, (100 Stat. 1670), notice is hereby
given that the above-described lands have been examined and no evidence
was found to indicate that any hazardous substances had 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, physical condition or potential uses of the
parcel of land proposed for sale; and the conveyance of any such parcel
will not be on a contingency basis.
Maps delineating the subject interest in lands proposed for sale
are available for public review at the BLM LVFO along with the
appraisal.
Upon acceptance of the offer to purchase, BEC will submit 20% of
the FMV to BLM, Las Vegas Field Office, 4701 North Torrey Pines Drive,
Las Vegas, NV 89130. Within 180 days following payment of the deposit,
BEC will remit the balance of the FMV to the BLM in the form of a
certified check, money order, bank draft or cashier's check made
payable to the Bureau of Land Management.
If in the opinion of the authorized officer, consummation of the
sale is not fully consistent with FLPMA or other applicable laws or
determined not to be in the public interest, the BLM may accept or
reject any or all offers, or withdraw any portion of or interest in
land from sale. If not sold, the parcel described in this Notice
identified for a partial interest sale may be suspended from any
further proposed actions without further legal notice. It is the
buyer's responsibility to be aware of all applicable Federal, State and
local governmental policies, laws, regulations and the historical use
of the proposed property and the affect these lands would have
pertaining to any future use or development.
Public Comments: The BLM Field Manager, Las Vegas Field Office,
4701 North Torrey Pines Drive, Las Vegas, NV 89130, will receive
written comments from the general public and interested parties up to
45 days after publication of this Notice in the Federal Register. Only
written comments submitted by postal service or overnight mail to the
Field Manager BLM LVFO, will be considered properly filed; e-mail,
facsimile or telephone comments will not be considered as properly
filed. Any adverse comments will be reviewed by the Nevada State
Director, who may sustain, vacate, or modify this realty action in
whole or in part. In the absence of any adverse comments this realty
action will become the final determination of the Department of the
Interior. Any comments received during this process, as well as the
commentor's name and address, will be available to the public in the
administrative record and/or pursuant to a Freedom of Information Act
request. Before including your address, telephone number, e-mail
address, or other personal identifying information in your comment, you
should be aware that your entire comment--including your personal
identifying information--may be made publicly available at any time.
While you can ask us in your comment to withhold from public review
your personal identifying information, we cannot guarantee that we will
be able to do so.
Dated: May 18, 2007.
Angie Lara,
Acting Field Manager.
[FR Doc. E7-11446 Filed 6-13-07; 8:45 am]
BILLING CODE 4310-HC-P