Notice2022-28585
Notice of Realty Action: Direct Sale of Public Land to the City of Las Vegas, Nevada
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
January 4, 2023
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
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 promote community expansion and economic development within the City.
Full Text
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<title>Federal Register, Volume 88 Issue 2 (Wednesday, January 4, 2023)</title>
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[Federal Register Volume 88, Number 2 (Wednesday, January 4, 2023)]
[Notices]
[Pages 369-371]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28585]
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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.
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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 <a href="/cdn-cgi/l/email-protection#244e434549454341644648490a434b52"><span class="__cf_email__" data-cfemail="167c71777b77717356747a7b38717960">[email protected]</span></a>; 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
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</html>Indexed from Federal Register on January 4, 2023.
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.