Notice2021-14026
Notice of Realty Action: Modified Competitive Sale of 11 Parcels of Public Land in Clark County, NV
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2021
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
The Bureau of Land Management (BLM) proposes to offer 11 parcels of public land totaling 74.375 acres in the Las Vegas Valley (Valley) by modified competitive sale at not less than each parcel's appraised Fair Market Value (FMV) pursuant to the Southern Nevada Public Land Management Act of 1998 (SNPLMA), as amended. The sale will be subject to the applicable provisions of Section 203 of the Federal Land Policy and Management Act of 1976 (FLPMA). The BLM has completed a Determination of National Environmental Policy Act Adequacy (DNA) for the sale.
Full Text
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<title>Federal Register, Volume 86 Issue 124 (Thursday, July 1, 2021)</title>
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[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Pages 35120-35124]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14026]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNVS01000 L58530000 EU0000 241A; 14-08807; MO# 4500146038]
Notice of Realty Action: Modified Competitive Sale of 11 Parcels
of Public Land in Clark County, NV
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Realty Action.
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SUMMARY: The Bureau of Land Management (BLM) proposes to offer 11
parcels of public land totaling 74.375 acres in the Las Vegas Valley
(Valley) by modified competitive sale at not less than each parcel's
appraised Fair Market Value (FMV) pursuant to the Southern Nevada
Public Land Management Act of 1998 (SNPLMA), as amended. The sale will
be subject to the applicable provisions of Section 203 of the Federal
Land Policy and Management Act of 1976 (FLPMA). The BLM has completed a
Determination of National Environmental Policy Act Adequacy (DNA) for
the sale.
DATES: Submit written comments regarding the sale until August 16,
2021. The modified competitive sale is to occur by an online auction
hosted by EnergyNet, the BLM's service provider.
The online sale will take place on September 1, 2021, at 8:00 a.m.,
Pacific Time, on EnergyNet's website at <a href="https://www.EnergyNet.com/govt_listing.pl">https://www.EnergyNet.com/govt_listing.pl</a>.
ADDRESSES: Mail written comments to the BLM Las Vegas Field Office
(LVFO),
[[Page 35121]]
Assistant Field Manager, Division of Lands, 4701 North Torrey Pines
Drive, Las Vegas, NV 89130.
In advance of the sale and no later than 30 days prior to the sale,
a sales matrix providing the FMV for each sale parcel will be published
on the following website: <a href="https://www.EnergyNet.com/govt_listing.pl">https://www.EnergyNet.com/govt_listing.pl</a>.
Parcels may be viewed online at the EnergyNet website approximately ten
business days after the posting of this Notice of Realty Action in the
Federal Register.
FOR FURTHER INFORMATION CONTACT: Jayangi Ayesha Gamage by email:
<a href="/cdn-cgi/l/email-protection#d2b8b5b3bfb3b5b792b0bebffcb5bda4"><span class="__cf_email__" data-cfemail="99f3fef8f4f8fefcd9fbf5f4b7fef6ef">[email protected]</span></a>, or by telephone: 702-515-5189. For general information
on previous BLM public land sales, go to <a href="https://www.blm.gov/snplma">https://www.blm.gov/snplma</a>.
Persons who use a telecommunications device for the deaf (TDD) may call
the Federal Relay Service (FRS) at 1-800-877-8339 to contact the above
individual during normal business hours. The FRS 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: In order to determine the FMV through
appraisal, the Department of the Interior may make certain
extraordinary assumptions and hypothetical conditions 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 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 is the responsibility of the buyer to be aware
through due diligence of those laws, regulations, and policies, and to
seek any required local approvals for future uses. Buyers should 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 acquiring future
access will be the responsibility of the buyer.
Out of the 11 parcels of public lands that BLM proposes to offer,
nine are located within Clark County jurisdiction and two within the
City of Las Vegas jurisdiction. More specifically, of the 11 parcels,
six are located in the northwest part of the Valley near Interstate 215
and State Route 157; four are located in southwest part of the Valley
near Blue Diamond Road and Interstate 15; and one is located in the
southeast part of the Valley near Interstate 15 and State Route 146.
The subject public lands are legally described as:
Mount Diablo Meridian, Nevada
N-98823, 2.50 acres
T. 19 S., R. 59 E.,
Sec. 3, NW\1/4\NW\1/4\NE\1/4\SW\1/4\.
N-98824, 5.00 acres
T. 19 S., R. 59 E.,
Sec. 3, E\1/2\NW\1/4\NW\1/4\SW\1/4\.
N-84169, 5.00 acres
T. 19 S., R. 59 E.,
Sec. 3, W\1/2\NE\1/4\SE\1/4\SW\1/4\.
N-98825, 5.00 acres
T. 19 S., R. 60 E.,
Sec. 29, W\1/2\NE\1/4\NE\1/4\NW\1/4\.
N-98827, 2.50 acres
T. 19 S., R. 60 E.,
Sec. 30, W\1/2\NE\1/4\NW\1/4\SW\1/4\NE\1/4\ and W\1/2\SE\1/
4\NW\1/4\SW\1/4\NE\1/4\.
N-98828, 2.50 acres
T. 20 S., R. 60 E.,
Sec. 6, SE\1/4\NE\1/4\SW\1/4\SE\1/4\.
N-98829, 2.50 acres
T. 22 S., R. 60 E.,
Sec. 13, SE\1/4\NE\1/4\SW\1/4\NW\1/4\.
N-98830, 5.00 acres
T. 22 S., R. 60 E.,
Sec. 13, W\1/2\NW\1/4\SE\1/4\NW\1/4\.
N-98831, 8.125 acres
T. 22 S., R. 60 E.,
Sec. 23, SE\1/4\NE\1/4\NE\1/4\NE\1/4\, NE\1/4\SW\1/4\NE\1/
4\NE\1/4\, N\1/2\NE\1/4\SE\1/4\NE\1/4\NE\1/4\, N\1/2\NW\1/4\SE\1/
4\NE\1/4\NE\1/4\, and SW\1/4\NW\1/4\SE\1/4\NE\1/4\NE\1/4\.
N-92861, 2.50 acres
T. 22 S., R. 61 E.,
Sec. 30, SW\1/4\NE\1/4\NW\1/4\SE\1/4\.
N-98832, 33.75 acres
T. 23 S., R. 61 E.,
Sec. 17, W\1/2\NW\1/4\NE\1/4\NW\1/4\NE\1/4\, W\1/2\SW\1/4\NE\1/
4\NW\1/4\NE\1/4\, W\1/2\NW\1/4\NE\1/4\, W\1/2\NW\1/4\SE\1/4\NW\1/
4\NE\1/4\, and NW\1/4\SW\1/4\NE\1/4\.
The areas described aggregate 74.375 acres, according to the
official plats of the surveys of said lands on file with the BLM.
The sale will be held online at <a href="https://www.EnergyNet.com/govt_listing.pl">https://www.EnergyNet.com/govt_listing.pl</a>.
The BLM will publish this Notice of Realty Action once a week for
three consecutive weeks in the Las Vegas Review-Journal newspaper.
Prior to the sale, a sales matrix will be published on the following
website: <a href="https://www.EnergyNet.com/govt_listing.pl">https://www.EnergyNet.com/govt_listing.pl</a>. The sales matrix
provides information specific to each sale parcel such as legal
description, physical location, encumbrances, acreage, and FMV. The FMV
for each parcel will be available in the sales matrix no later than 30
days prior to the sale.
Information concerning the sale parcels, 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 parcels are available for
review by appointment only, during business hours, from 8:00 a.m. to
4:30 p.m. Pacific Time, Monday through Friday, at the BLM LVFO, except
during Federal holidays.
This 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
and Record of Decision issued on December 23, 2004, and the Las Vegas
In-Valley Area Multi-Action Analysis Environmental Assessment (EA),
DOI-BLM-NV-S010-2016-0054-EA (<a href="https://eplanning.blm.gov/eplanning-ui/project/60096/510">https://eplanning.blm.gov/eplanning-ui/project/60096/510</a>), analyzed the sale parcels. A parcel-specific DNA,
document number DOI-BLM-NV-S010-2020-0043-DNA, was prepared in
connection with this Notice of Realty Action.
Submit comments to the address in the ADDRESSES section. 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.
Any 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 response to such comments. In the absence of any
comments, this realty action will become the final determination of the
Department of the Interior.
The use of the modified competitive sale method is consistent with
43 CFR 2711.3-2. Public lands may be offered for sale by modified
competitive bidding procedures when the
[[Page 35122]]
authorized officer determines it is necessary based on public policies.
Following Centers for Disease Control recommendations to coordinate
with state and local health officials on mitigating the risk of COVID-
19 transmission, the BLM has determined that utilizing an online
auction would maximize the opportunity for public input and involvement
while prioritizing the health and safety of BLM employees and the
interested public. This approach is consistent with the State of
Nevada's current COVID-19 Mitigation and Management Guidance for Safe
Gatherings, which limits the size of public gatherings to 100
individuals, or 35 percent occupancy (whichever is fewer). While local
guidance is subject to change over time, the BLM's requirements to
provide advance public notification regarding the sale and procedures
for participation, limit our ability to adapt or change with updated
guidance. Therefore, the BLM will adhere to holding this sale online,
as this method offers the most assurance that a sale can be conducted
whether COVID-19 restrictions are lessened or increased.
Sale procedures and registration process:
Federal law requires that bidders must be:
(1) a citizen of the United States, 18 years of age or older;
(2) a corporation subject to the laws of any state or of the United
States;
(3) a state, instrumentality, or political subdivision authorized
to hold property; or
(4) an entity legally capable of conveying and holding lands or
interests therein under the laws of the State of Nevada.
The successful bidder must submit proof of citizenship or articles
of incorporation within 30 days from receipt of acceptance of bid
letter. Evidence of United States citizenship is a birth certificate,
passport, or naturalization papers. Citizenship documents or Articles
of Incorporation (as applicable) must be provided to the BLM LVFO for
each sale.
To participate in the BLM bidding process, you must register and
obtain a bidder number. Registration for online bidding will be
available prior to the sale date at EnergyNet's website (<a href="https://www.EnergyNet.com/govt_listing.pl">https://www.EnergyNet.com/govt_listing.pl</a>). Click on the orange ``Register for
Sale'' button on the blue ``BLM Nevada SNPLMA Summer 2021 Land Sale''
banner to register, and click on the light blue ``View Listings''
button on the ``BLM Nevada SNPLMA Summer 2021 Land Sale'' banner to
obtain maps and get information on how to submit competitive online
bids via the internet for the sale. A submitted online internet bid is
a binding offer.
In order to participate in this sale, prospective buyers must
create an EnergyNet account, complete the EnergyNet Bidding Terms
Agreement, request a bidding allowance, and register for the BLM Nevada
SNPLMA Summer 2021 Land Sale. EnergyNet may require approximately five
(5) business days to determine bidder's financial qualifications.
Additional information on how to register at EnergyNet may be found at
<a href="https://www.energynet.com/page/Government_Listings_Participation">https://www.energynet.com/page/Government_Listings_Participation</a>.
Assistance creating an EnergyNet account and registering for the
sale is available by telephoning the EnergyNet Government Resources
department at 877-351-4488 and by using the following link to create a
Buyer's Account: <a href="https://www.EnergyNet.com/bidder_reg.pl?registration_choice=government">https://www.EnergyNet.com/bidder_reg.pl?registration_choice=government</a>. After the account is
created, follow the link ``Submit Bank Information Online'' and fill in
the form with the following information:
<bullet> Bank Name
<bullet> Banker's Name
<bullet> Telephone Number of Banker
<bullet> Address of Bank
<bullet> Requested Bid Allowance amount
EnergyNet will verify the Bank Name is a recognized financial
institution and contact the banker to ask if the prospective buyer has
the financial means to cover the requested Bid Allowance, which is the
limit or ceiling for bids and is NOT recorded as a bid or offer per
property at auction. Upon receiving an affirmative answer, the
allowance will be granted.
Important notes regarding your Bid Allowance: For security reasons,
a bidder must contact its banker and grant permission to speak to
EnergyNet about its Bid Allowance request. EnergyNet will not request
the account balance or ask any questions about assets or lines of
credit. EnergyNet will not request the bank account number, nor will it
have the ability to withdraw funds.
The auction website is open to the public. The internet-based land
sale can be observed in real-time. However, you must register as a
bidder on the website, in advance, in order to submit bids for a
parcel. The auction website will be active and available for use
approximately ten days after the date of this Notice and will remain
available for viewing until the completion of the auction. The
available parcels listed in this Notice will be detailed on the
EnergyNet. Interested parties may visit the website at any time.
Potential bidders may register for the online auction as soon as the
auction website is active.
Potential bidders are encouraged to visit the website prior to the
start of the open bidding period to become familiar with the site and
review the bidding instructions available at <a href="https://www.energynet.com/page/Government_Listings_Participation">https://www.energynet.com/page/Government_Listings_Participation</a>. Supporting documentation is
available on the website to familiarize new users to the process and
answer frequently asked questions.
Payments to the BLM will not be made through the auction website.
At the conclusion of the final parcel's bidding period, the successful
bidder for each parcel will be provided instructions by the online
auction system via email on how to make the required payment to the
BLM. In addition, you will be required to pay a commission fee to
EnergyNet of 1.5 percent (a percentage) of the highest qualifying bid
for each parcel purchased by successful bidders. EnergyNet will submit
a separate invoice via email to each successful bidder for the total
amount due to the BLM and a separate invoice for the amount due to
EnergyNet.
Parcels will begin online bidding at the established FMV. Each
parcel will have its own unique open bidding period, with start and
stop times clearly identified on the auction website. The open bidding
period for each parcel will run for three hours from start to finish,
and only bids placed during this three-hour period will be accepted.
Each parcel will close bidding sequentially so that each bidder will
know if it is the highest winning bid before subsequent parcels close.
The website will display each current high bid, and the high bid
bidder's number.
The online system allows participants to submit maximum bids, which
is the highest amount a bidder is willing to pay for each parcel to
enable a bidder to participate in the online auction without having to
be logged into the website at the time the auction period closes. The
auction website provides a full explanation of placing maximum bids, as
well as an explanation of how it works to place bids on your behalf to
maintain your high bidder status up to the chosen maximum bid amount.
The BLM strongly encourages potential bidders to review the bidding
tutorial in the Frequently Asked Questions area on the auction website
in advance of the sale. EnergyNet will declare the highest qualifying
bid as the high bid. The successful bidder must submit a deposit of not
less than 20 percent of the successful bid amount by 4:00 p.m.,
[[Page 35123]]
Pacific Time, immediately following the close of the sale in the form
of a certified check, postal money order, electronic fund transfer,
bank draft, or cashier's check made payable in U.S. dollars to the
``Department of the Interior, Bureau of Land Management.''
The BLM will send the successful bidder(s) an acceptance of bid
letter with detailed information for full payment. In accordance with
43 CFR 2711.3-1(d), the successful bidder will forfeit the bid deposit
if it fails to pay the full purchase price within 180 days of the sale.
The BLM will make no exceptions. The BLM cannot accept the remainder of
the bid price at any time following the 180th day after the sale.
If a bidder is the apparent successful bidder with respect to
multiple parcels and that bidder fails to submit the minimum 20 percent
bid deposit resulting in default on any single parcel following the
sale, the BLM may cancel the sale of all parcels to that bidder. If a
successful bidder cannot consummate the transaction for any reason, the
BLM may consider the second highest bidder to purchase the parcel. If
there are no acceptable bids, a parcel may remain available for sale on
a future date without further legal notice.
The BLM LVFO must receive the request for escrow instructions prior
to 30 days before the prospective patentee's scheduled closing date.
There are no exceptions.
All name changes and supporting documentation must be received at
the BLM LVFO by 4:30 p.m. Pacific Time, 30 days from the date on the
high-bidder letter. There are no exceptions. To submit a name change,
the apparent successful bidder must submit the name change in writing
on the Certificate of Eligibility form to the BLM LVFO.
The BLM must receive the remainder of the full bid price for the
parcel no later than 4:30 p.m. Pacific Time, within 180 days following
the day of the sale. The successful bidder must submit payment in the
form of a certified check, postal money order, bank draft, cashier's
check, or make available by electronic fund transfer 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.
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. The BLM will not sign any documents related to 1031
Exchange transactions. The bidder is responsible for timing for
completion of such an exchange. 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 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 bid price is paid.
According to the 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 the FLPMA. Upon
publication of this Notice and until completion of this sale, the BLM
will no longer accept land use applications affecting the parcels
identified for sale. The parcels 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 segregated 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. The total segregation period may not exceed two years
unless it is extended by the BLM State Director, Nevada prior to the
termination date in accordance with 43 CFR 2711.1-2(d).
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 parcels will be reserved to the United
States. The patents, when issued, will contain a mineral reservation to
the United States for all minerals.
In response to requests to clarify this mineral reservation as it
relates to mineral materials, such as sand and gravel, we refer
interested parties to the regulations at 43 CFR 3601.71(b), which
provides that the owner of the surface estate of lands with reserved
Federal minerals may ``use a minimal amount of mineral materials for .
. . personal use'' within the boundaries of the surface estate without
a sales contract or permit. The regulation provides that all other use,
absent statutory or other express authority, requires a sales contract
or permit. The BLM refers interested parties to the explanation of this
regulatory language in the preamble to the final rule published in the
Federal Register in 2001, available at <a href="https://www.federalregister.gov/d/01-29001">https://www.federalregister.gov/d/01-29001</a>, which states that minimal use ``would not include large-
scale use of mineral materials, even within the boundaries of the
surface estate'' (66 FR 58894). Further explanation is contained in BLM
Instruction Memorandum No. 2014-085 (April 23, 2014), available on
BLM's website at <a href="https://www.blm.gov/policy/im-2014-085">https://www.blm.gov/policy/im-2014-085</a>.
The parcels are 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
parcels will have the opportunity to amend its 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 its current
authorization.
The following numbered terms and conditions will appear on the
conveyance documents for the sale parcels:
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 (43
U.S.C. 945);
3. The parcels are subject to valid existing rights;
4. The parcels are subject to reservations for roads, public
utilities, and flood control purposes, both existing and proposed, in
accordance with the local governing entities' transportation plans; and
5. An appropriate indemnification clause protecting the United
States from claims arising out of the lessee's/patentee's use,
occupancy, or occupations on the leased/patented lands.
[[Page 35124]]
To the extent required by law, the parcel is subject to the
requirements of Section 120(h) of the CERCLA, as amended. Accordingly,
notice is hereby given that the lands have 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.
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.
Authority: 43 CFR 2711.1-2.
Stephen Leslie,
Acting Assistant Field Manager, Division of Lands.
[FR Doc. 2021-14026 Filed 6-30-21; 8:45 am]
BILLING CODE 4310-HC-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.