Notice2023-14777
Notice of Realty Action: Modified Competitive Sale of 17 Parcels of Public Land in Clark County, Nevada; Notice of Partial Termination of Recreation and Public Purposes Act Classification
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 12, 2023
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
The Bureau of Land Management (BLM) proposes to offer seventeen (17) parcels of public land totaling 895.155 acres in the Las Vegas Valley (Valley) by modified competitive sale at no less than each parcel's Fair Market Value (FMV) pursuant to the Southern Nevada Public Land Management Act of 1998 (SNPLMA), as amended. The sale will be processed in conformance with applicable provisions of the Federal Land Policy and Management Act of 1976 (FLPMA) and BLM regulations. The BLM is also notifying the public of the partial termination of the segregative effect of the Recreation and Public Purposes (R&PP) Act classification affecting one sale parcel, N-97342, resulting from the partial relinquishment of 1.25 acres of the R&PP Act lease under N- 75562-01, in Clark County, Nevada.
Full Text
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<title>Federal Register, Volume 88 Issue 132 (Wednesday, July 12, 2023)</title>
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[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Notices]
[Pages 44392-44395]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14777]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_NV_FRN_MO4500169690]
Notice of Realty Action: Modified Competitive Sale of 17 Parcels
of Public Land in Clark County, Nevada; Notice of Partial Termination
of Recreation and Public Purposes Act Classification
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
seventeen (17) parcels of public land totaling 895.155 acres in the Las
Vegas Valley (Valley) by modified competitive sale at no less than each
parcel's Fair Market Value (FMV) pursuant to the Southern Nevada Public
Land Management Act of 1998 (SNPLMA), as amended. The sale will be
processed in conformance with applicable provisions of the Federal Land
Policy and Management Act of 1976 (FLPMA) and BLM regulations. The BLM
is also notifying the public of the partial termination of the
segregative effect of the Recreation and Public Purposes (R&PP) Act
classification affecting one sale parcel, N-97342, resulting from the
partial relinquishment of 1.25 acres of the R&PP Act lease under N-
75562-01, in Clark County, Nevada.
DATES: The sale will take place on November 1, 2023, at 8 a.m., Pacific
Time, on the EnergyNet website at: <a href="https://www.EnergyNet.com/govt_listing.pl">https://www.EnergyNet.com/govt_listing.pl</a>.
Submit written comments regarding the sale until August 28, 2023.
The BLM will publish this Notice of Reality Action (NORA) 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 at least 30 days
prior to the sale.
ADDRESSES: Mail written comments to the BLM Las Vegas Field Office
(LVFO), Assistant Field Manager, Division of Lands, 4701 North Torrey
Pines Drive, Las Vegas, NV 89130.
FOR FURTHER INFORMATION CONTACT: Brad Gallimore, Realty Specialist, Las
Vegas Field Office, by email: <a href="/cdn-cgi/l/email-protection#84f7e3e5e8e8ede9ebf6e1c4e6e8e9aae3ebf2"><span class="__cf_email__" data-cfemail="9fecf8fef3f3f6f2f0edfadffdf3f2b1f8f0e9">[email protected]</span></a>, or by telephone:
(702) 515-5000. For general information on previous BLM public land
sales, go to <a href="https://www.blm.gov/snplma">https://www.blm.gov/snplma</a>. Information concerning the
sale parcels, including encumbrances of record, condition of boundary
evidence, appraisals, reservations, procedures and conditions,
Comprehensive Environmental Response, Compensation and Liability Act,
42 U.S.C. 9620(h) (CERCLA) documents, 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 4:00 p.m. Pacific Time, Monday through Friday, at the BLM
LVFO, except during federal holidays.
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. You will receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION: 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
[[Page 44393]]
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 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
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.
Of the seventeen (17) parcels of public lands that the BLM proposes
to offer, ten (10) are within the Clark County jurisdiction, six (6)
are within the City of Las Vegas jurisdiction, and one (1) is within
the City of Henderson jurisdiction. More specifically, eleven (11) are
in the northwest part of the Valley near State Route 157 (Kyle Canyon
Road) and Interstate 215, five (5) are in the southwest part of the
Valley near Blue Diamond Road, and one (1) is in the southeast part of
the Valley east of Las Vegas Boulevard and north of Via Inspirada.
One of the sale parcels was previously classified and leased by the
BLM to the City of Las Vegas (N-75562-01) under the R&PP Act for a
public park. A notice was published in the Federal Register on October
16, 2007 (72 FR 58683), for classification for lease and subsequent
conveyance of certain public land under the provisions of the R&PP Act.
The City of Las Vegas requested to relinquish a portion of their lease
on October 9, 2018, and the BLM accepted the partial relinquishment on
March 29, 2019. As of March 29, 2019, there was no longer an
application filed for the purpose for which the public lands were
classified. Per the regulations found at 43 CFR 2741.5(h)(2), the
segregative effect of the R&PP classification terminated without
further action required by the authorized officer on the following
described lands due to more than 18 months having passed since
publication of the notice dated October 16, 2007:
Mount Diablo Meridian, Nevada
T. 19 S., R. 60 E.,
sec. 29, N\1/2\NE\1/4\NW\1/4\SE\1/4\NE\1/4\.
The areas described aggregate 1.25 acres, according to the
official plats of the surveys of the said lands on file with the
BLM.
The subject public lands for the proposed sale are legally
described as:
Mount Diablo Meridian, Nevada
N-100494, 17.50 acres
T. 19 S., R. 59 E.,
sec. 1, SW\1/4\SE\1/4\NW\1/4\SW\1/4\, W\1/2\NE\1/4\SW\1/4\SW\1/
4\, E\1/2\SW\1/4\SW\1/4\SW\1/4\, and W\1/2\SE\1/4\SW\1/4\SW\1/4\.
N-100496, 5.00 acres
T. 19 S., R. 59 E.,
sec. 1, E\1/2\NW\1/4\SE\1/4\SW\1/4\.
N-80682, 5.00 acres
T. 19 S., R. 59 E.,
sec. 3, E\1/2\NW\1/4\SW\1/4\SW\1/4\.
N-80683, 5.00 acres
T. 19 S., R. 59 E.,
sec. 3, W\1/2\SE\1/4\SW\1/4\SW\1/4\.
N-99782, 6.875 acres
T. 19 S., R. 59 E.,
sec. 10, E\1/2\SW\1/4\NW\1/4\NW\1/4\, N\1/2\NE\1/4\NW\1/4\SW\1/
4\NW\1/4\, and NW\1/4\NW\1/4\NE\1/4\SW\1/4\NW\1/4\.
N-100498, 505.00 acres
T. 19 S., R. 59 E.,
sec. 23, W\1/2\NW\1/4\NE\1/4\NE\1/4\, W\1/2\SW\1/4\NE\1/4\NE\1/
4\, E\1/2\NW\1/4\NE\1/4\, NE\1/4\SW\1/4\NE\1/4\, S\1/2\SW\1/4\NE\1/
4\, W\1/2\NW\1/4\SE\1/4\NE\1/4\, SE\1/4\SE\1/4\NW\1/4\, NE\1/4\SW\1/
4\, S\1/2\SW\1/4\, and W\1/2\SE\1/4\;
sec. 26, W\1/2\NE\1/4\, SW\1/4\NW\1/4\SE\1/4\NE\1/4\, W\1/
2\SW\1/4\SE\1/4\NE\1/4\, SE\1/4\SW\1/4\SE\1/4\NE\1/4\, N\1/2\NW\1/
4\, E\1/2\SW\1/4\NW\1/4\, and SE\1/4\NW\1/4\.
N-100500, 22.50 acres
T. 19 S., R. 59 E.,
sec. 25, E\1/2\NE\1/4\NW\1/4\NW\1/4\, N\1/2\SE\1/4\NW\1/4\NW\1/
4\, SW\1/4\SE\1/4\NW\1/4\NW\1/4\, W\1/2\NE\1/4\SW\1/4\NW\1/4\, and
W\1/2\SE\1/4\SW\1/4\NW\1/4\.
N-100501, 5.00 acres
T. 19 S., R. 59 E.,
sec. 36, E\1/2\SE\1/4\NW\1/4\NW\1/4\.
N-97342, 2.03 acres
T. 19 S., R. 60 E.,
sec. 29, N\1/2\NE\1/4\SW\1/4\NW\1/4\NE\1/4\, NE\1/4\SW\1/4\NE\1/
4\SW\1/4\NW\1/4\NE\1/4\, and SE\1/4\NE\1/4\SW\1/4\NW\1/4\NE\1/4\.
N-100502, 5.00 acres
T. 19 S., R. 60 E.,
sec. 30, W\1/2\NE\1/4\SW\1/4\NE\1/4\.
N-95267, 20.00 acres
T. 20 S., R. 60 E.,
sec. 6, W\1/2\NE\1/4\NE\1/4\SE\1/4\, SE\1/4\NE\1/4\SE\1/4\, and
W\1/2\NE\1/4\SE\1/4\SE\1/4\.
N-100503, 7.50 acres
T. 22 S., R. 60 E.,
sec. 13, S\1/2\NE\1/4\NE\1/4\NW\1/4\ and NW\1/4\SE\1/4\NE\1/
4\NW\1/4\.
N-100505, 2.50 acres
T. 22 S., R. 60 E.,
sec. 13, SW\1/4\SE\1/4\SE\1/4\NE\1/4\.
N-100504, 43.75 acres
T. 22 S., R. 60 E.,
sec. 23, S\1/2\SW\1/4\NE\1/4\NE\1/4\, SW\1/4\SE\1/4\NE\1/4\NE\1/
4\, S\1/2\SE\1/4\SW\1/4\NW\1/4\NE\1/4\, S\1/2\SW\1/4\SE\1/4\NW\1/
4\NE\1/4\, S\1/2\SE\1/4\SE\1/4\NW\1/4\NE\1/4\, NE\1/4\SW\1/4\NE\1/
4\, S\1/2\SW\1/4\SW\1/4\NE\1/4\, SE\1/4\SW\1/4\NE\1/4\, N\1/2\NW\1/
4\SE\1/4\NE\1/4\, and SW\1/4\NW\1/4\SE\1/4\NE\1/4\.
N-100506, 225.00 acres
T. 22 S., R. 60 E.,
sec. 26, S\1/2\NE\1/4\NE\1/4\NW\1/4\, W\1/2\NW\1/4\NE\1/4\NW\1/
4\, SE\1/4\NW\1/4\NE\1/4\NW\1/4\, S\1/2\SW\1/4\NE\1/4\NW\1/4\, W\1/
2\SE\1/4\NE\1/4\NW\1/4\, SE\1/4\SE\1/4\NE\1/4\NW\1/4\, NE\1/4\NW\1/
4\NW\1/4\, W\1/2\NW\1/4\NW\1/4\NW\1/4\, SE\1/4\NW\1/4\NW\1/4\NW\1/
4\, S\1/2\NW\1/4\NW\1/4\, N\1/2\SW\1/4\NW\1/4\, NE\1/4\SW\1/4\SW\1/
4\NW\1/4\, S\1/2\SW\1/4\SW\1/4\NW\1/4\, SE\1/4\SW\1/4\NW\1/4\, SE\1/
4\NW\1/4\, NE\1/4\SW\1/4\, E\1/2\NW\1/4\SW\1/4\, NE\1/4\SW\1/4\SW\1/
4\, SW\1/4\SW\1/4\SW\1/4\, and W\1/2\SE\1/4\SW\1/4\SW\1/4\.
N-100507, 7.50 acres
T. 22 S., R. 60 E.,
sec. 27, S\1/2\NE\1/4\NW\1/4\NW\1/4\ and SE\1/4\NW\1/4\NW\1/
4\NW\1/4\.
N-79699, 10.00 acres
T. 23 S., R. 61 E.,
sec. 10, S\1/2\NE\1/4\NW\1/4\SE\1/4\ and S\1/2\NW\1/4\NW\1/
4\SE\1/4\.
The areas described aggregate 895.155 acres, according to the
official plats of the surveys of the said lands on file with the
BLM.
The following National Environmental Policy Act (NEPA) documents
support this proposed land sale. 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 Determination of NEPA Adequacy,
document number DOI-BLM-NV-S010-2022-0049-DNA, was prepared in
connection with this NORA.
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 Las Vegas Field Office Assistant Field Manager, Division of Lands,
who may sustain, vacate, or modify this realty action in response to
such comments. In the absence of any comments, this realty action will
[[Page 44394]]
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 authorized officer determines it is
necessary based on public policies. Consistent with Executive Order
14008, Tackling the Climate Crisis at Home and Abroad, utilizing an
online (internet-based) auction format would maximize the opportunity
for public involvement while reducing greenhouse gas emissions that
would result from bidders traveling to Las Vegas. In addition,
utilizing an online auction would encourage greater participation by
qualified bidders.
The regulations at 43 CFR 2711.2 require that qualified conveyees
(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, 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 thirty (30) days from receipt of the 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.
The EnergyNet auction website is viewable by the public in real-
time; however, you must register as a bidder with EnergyNet in advance
to submit bids for a parcel during the auction. The online auction
website will be active and available for use approximately ten (10)
days after the date of this notice and will remain available for
viewing until the completion of the auction. The available parcels in
this notice will be listed in detail on the EnergyNet website.
Interested parties may visit the website at any time.
Potential bidders are encouraged to visit the EnergyNet website at
least ten (10) business days prior to the start of the open bidding
period to 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 EnergyNet website to familiarize
users to the bidding process and answer frequently asked questions.
Potential bidders may register for the online auction as soon as
the auction website is active. To participate in the BLM bidding
process, you must register with EnergyNet and obtain a bidder number.
Registration for online bidding will be available prior to the sale
date on the EnergyNet website at <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 Fall 2023 Land Sale'' banner to register.
Then click on the light blue ``View Listings'' button on the ``BLM
Nevada SNPLMA Fall 2023 Land Sale'' banner to obtain maps and get
information on how to submit online bids for the sale. A submitted
online bid is a binding offer to purchase.
To participate in this sale, prospective buyers must create an
EnergyNet account, complete the EnergyNet Bidding Terms Agreement,
request a bid allowance, and register for the BLM Nevada SNPLMA Fall
2023 Land Sale. EnergyNet may require approximately five (5) business
days to determine the bidder's financial qualifications. Additional
information on how to register with 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 with creating an EnergyNet account and registering for
the sale is available by contacting the EnergyNet Government Resources
Department at (877) 351-4488. Use 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 that the bank is an accredited financial
institution and contact the bank to ensure the prospective buyer has
the financial means to cover the requested bid allowance. The bidder
must contact its banker and grant permission for the banker to speak
with EnergyNet about the bidder's bid allowance request. EnergyNet will
not request the bidder's account balance nor ask any questions about
assets or other lines of credit. EnergyNet will not request the bank
account number, nor whether it can withdraw funds.
Payments to the BLM will not be made through EnergyNet. At the
conclusion of the bidding period for the final parcel, the bidder with
the highest accepted bid during the open auction period (winning
bidder) for each parcel will be provided instructions via email by the
online auction system on how to make the required payment to the BLM.
In addition, you will be required to pay a service fee to
EnergyNet's broker of 1.5 percent (a percentage) of the highest
qualifying bid for each parcel purchased by the successful bidders.
EnergyNet will submit one 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's broker.
Bidding will begin at the established FMV of each parcel. 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 24 hours from start to finish, and
only bids placed during this 24-hour period will be accepted. Bidding
will close 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 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 no
less than 20 percent of the successful bid amount by 4:00 p.m., 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 making payment in full. 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
[[Page 44395]]
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 requests for escrow instructions a
minimum of 30 business days prior to 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 4:00 p.m. Pacific Time, 30 days from the date on the
acceptance of bid 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 4:00 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 checks
or other non-certified funds.
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.
Per SNPLMA 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 also be segregated from all forms of appropriation
under the public land laws, including the mining 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
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. The total
segregation period may not exceed two years unless it is extended by
the BLM Nevada State Director 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
provide 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 the
BLM Instruction Memorandum No. 2014-085 (April 23, 2014), available on
the BLM's website at <a href="https://www.blm.gov/policy/im-2014-085">https://www.blm.gov/policy/im-2014-085</a>.
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.
(5) An appropriate indemnification clause protecting the United
States from claims arising out of the patentee's use, occupancy, or
occupations on the patented lands.
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, the boundaries, 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 2711.3-2
Jamie Moeini,
Assistant Field Manager, Las Vegas Field Office.
[FR Doc. 2023-14777 Filed 7-11-23; 8:45 am]
BILLING CODE 4331-21-P
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</html>Indexed from Federal Register on July 12, 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.