Notice of Realty Action: Modified Competitive Sale of 35 Parcels of Public Land in Clark County, Nevada

CourtLand Management Bureau
Record Number2022-03362
Published date16 February 2022
Federal Register, Volume 87 Issue 32 (Wednesday, February 16, 2022)
[Federal Register Volume 87, Number 32 (Wednesday, February 16, 2022)]
                [Pages 8870-8874]
                From the Federal Register Online via the Government Publishing Office []
                [FR Doc No: 2022-03362]
                Bureau of Land Management
                [LLNVS01000 L58530000 EU0000 241A; 14-08807; MO#4500157884]
                Notice of Realty Action: Modified Competitive Sale of 35 Parcels
                of Public Land in Clark County, Nevada
                AGENCY: Bureau of Land Management, Interior.
                ACTION: Notice of realty action.
                SUMMARY: The Bureau of Land Management (BLM) proposes to offer 35
                parcels of public land totaling 400.815 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
                [[Page 8871]]
                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. An
                online sale is the selected modified competitive bidding procedure that
                will allow for maximum participation. The sale will take place on May
                3, 2022, at 8:00 a.m., Pacific Time, on EnergyNet's website at:
                DATES: Submit written comments regarding the sale until April 4, 2022.
                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: 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.
                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: Stephen (Brad) Gallimore by email:
                [email protected], or by telephone: (702) 515-5069. For general
                information on previous BLM public land sales, go to 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) 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 4:30 p.m. Pacific Time, Monday through
                Friday, at the BLM LVFO, except during Federal holidays.
                 Persons who use a telecommunications device for the deaf (TDD) may
                call the Federal Relay Service (FRS) at (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
                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 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.
                 Out of the 35 parcels of public lands that the BLM proposes to
                offer, twenty-one (21) are located within Clark County jurisdiction,
                seven (7) within the City of Las Vegas jurisdiction, and seven (7)
                within the City of Henderson jurisdiction. More specifically, of the 35
                parcels, twenty-six (26) are in the northwest part of the Valley near
                Interstate 215, U.S. 95, and State Route 157; two (2) are in the
                southwest part of the Valley near Blue Diamond Road; one (1) is located
                in the southeast part of the Valley near South Las Vegas Boulevard and
                West Roban Avenue; and six (6) are located in the southeast part of the
                Valley near Burkholder Boulevard and South Racetrack Road.
                 The subject public lands are legally described as:
                Mount Diablo Meridian, Nevada
                N-97339, 12.5 Acres
                T. 19 S., R. 59 E.,
                 Sec. 1, lot 11, E\1/2\NE\1/4\SE\1/4\NE\1/4\ and NW\1/4\NE\1/
                N-80680, 5.625 Acres
                T. 19 S., R. 59 E.,
                 Sec. 2, E\1/2\NW\1/4\SW\1/4\SW\1/4\ and NW\1/4\NE\1/4\SW\1/
                N-80681, 5.00 Acres
                T. 19 S., R. 59 E.,
                 Sec. 3, W\1/2\NW\1/4\SE\1/4\SW\1/4\.
                N-80684, 5.00 Acres
                T. 19 S., R. 59 E.,
                 Sec. 3, E\1/2\SW\1/4\SE\1/4\SW\1/4\.
                N-84178, 5.00 Acres
                T. 19 S., R. 59 E.,
                 Sec. 3, W\1/2\SW\1/4\SW\1/4\SE\1/4\.
                N-84183, 2.50 Acres
                T. 19 S., R. 59 E.,
                 Sec. 10, NE\1/4\SW\1/4\NE\1/4\NW\1/4\.
                N-96821, 20.00 Acres
                T. 19 S., R. 59 E.,
                 Sec. 25, W\1/2\NE\1/4\NW\1/4\.
                N-95264, 5.00 Acres
                T. 19 S., R. 59 E.,
                 Sec. 25, W\1/2\NW\1/4\SE\1/4\SE\1/4\.
                N-95265, 5.00 Acres
                T. 19 S., R. 59 E.,
                 Sec. 25, W\1/2\SW\1/4\SE\1/4\SE\1/4\.
                N-97341, 10.00 Acres
                T. 19 S., R. 59 E.,
                 Sec. 36, SW\1/4\SW\1/4\NE\1/4\.
                N-99783, 2.03 Acres
                T. 20 S., R. 59 E.,
                 Sec. 12, lot 1.
                N-80693, 10.47 Acres
                T. 19 S., R. 60 E.,
                 Sec. 30, lots 25 and 26.
                N-93582, 50.84 Acres
                T. 19 S., R. 60 E.,
                 Sec. 31, lots 9 thru 12, SE\1/4\SW\1/4\NW\1/4\, and S\1/2\SE\1/
                N-95251, 10.00 Acres
                T. 19 S., R. 60 E.,
                 Sec. 31, NW\1/4\NW\1/4\NE\1/4\.
                N-95252, 10.00 Acres
                T. 19 S., R. 60 E.,
                 Sec. 31, SW\1/4\NW\1/4\NE\1/4\.
                N-95253, 10.00 Acres
                T. 19 S., R. 60 E.,
                 Sec. 31, SE\1/4\NW\1/4\NE\1/4\.
                N-95254, 10.00 Acres
                T. 19 S., R. 60 E.,
                 Sec. 31, SW\1/4\NE\1/4\NE\1/4\.
                N-95255, 10.00 Acres
                T. 19 S., R. 60 E.,
                 Sec. 31, NW\1/4\NE\1/4\NE\1/4\.
                N-95256, 10.00 Acres
                T. 19 S., R. 60 E.,
                 Sec. 31, NE\1/4\NE\1/4\NE\1/4\.
                N-95257, 5.00 Acres
                T. 19 S., R. 60 E.,
                 Sec. 31, W\1/2\SE\1/4\NE\1/4\NE\1/4\.
                N-93587, 10.00 Acres
                T. 19 S., R. 60 E.,
                 Sec. 31, SW\1/4\SW\1/4\NE\1/4\.
                N-95281, 40.00 Acres
                T. 19 S., R. 60 E.,
                 Sec. 31, N\1/2\NE\1/4\SW\1/4\, E\1/2\SW\1/4\NE\1/4\SW\1/4\, E\1/
                2\SE\1/4\NE\1/4\SW\1/4\, and NE\1/4\NW\1/4\SW\1/4\.
                N-93589, 10.00 Acres
                T. 19 S., R. 60 E.,
                 Sec. 31, NW\1/4\NE\1/4\SE\1/4\.
                N-93590, 10.00 Acres
                T. 19 S., R. 60 E.,
                 Sec. 32, NE\1/4\NE\1/4\NW\1/4\.
                N-95260, 10.00 Acres
                T. 19 S., R. 60 E.,
                [[Page 8872]]
                 Sec. 32, NW\1/4\NE\1/4\NW\1/4\.
                N-95261, 10.00 Acres
                T. 19 S., R. 60 E.,
                 Sec. 32, SW\1/4\NE\1/4\NW\1/4\.
                N-99784, 6.85 Acres
                T. 22 S., R. 60 E.,
                 Sec. 19, lots 69 and 71 and S\1/2\SW\1/4\NE\1/4\NW\1/4\.
                N-99785, 5.00 Acres
                T. 22 S., R. 60 E.,
                 Sec. 23, SW\1/4\NW\1/4\NE\1/4\NE\1/4\ and NW\1/4\SW\1/4\NE\1/
                N-97343, 30.00 Acres
                T. 23 S., R. 61 E.,
                 Sec. 17, S\1/2\NE\1/4\SE\1/4\NE\1/4\, N\1/2\SW\1/4\SE\1/4\NE\1/
                4\, SE\1/4\SE\1/4\NE\1/4\, and NE\1/4\NE\1/4\SE\1/4\.
                N-99786, 25.00 Acres
                T. 22 S., R. 63 E.,
                 Sec. 16, NW\1/4\NE\1/4\NE\1/4\, NE\1/4\NW\1/4\NE\1/4\, and E\1/
                N-99787, 10.00 Acres
                T. 22 S., R. 63 E.,
                 Sec. 16, S\1/2\NW\1/4\SW\1/4\NE\1/4\ and E\1/2\SW\1/4\SW\1/
                N-93067, 15.00 Acres
                T. 22 S., R. 63 E.,
                 Sec. 16, E\1/2\NE\1/4\SW\1/4\NE\1/4\, E\1/2\SE\1/4\SW\1/4\NE\1/
                4\, and W\1/2\NW\1/4\SE\1/4\NE\1/4\.
                N-93068, 5.00 Acres
                T. 22 S., R. 63 E.,
                 Sec. 16, E\1/2\SE\1/4\SE\1/4\NE\1/4\.
                N-93069, 5.00 Acres
                T. 22 S., R. 63 E.,
                 Sec. 16, E\1/2\NW\1/4\NW\1/4\SE\1/4\.
                N-99788, 5.00 Acres
                T. 22 S., R. 63 E.,
                 Sec. 16, W\1/2\SW\1/4\NW\1/4\SE\1/4\.
                 The areas described aggregate 400.815 acres, according to the
                official plats of the surveys of the said lands on file with the
                 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 (, analyzed the sale parcels. Parcel-
                specific determinations of NEPA adequacy, document number DOI-BLM-NV-
                S010-2019-0040-DNA and document number DOI-BLM-NV-S010-2021-0004-DNA,
                were 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 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 authorized officer determines
                it is necessary based on public policies. To reduce the spread of
                COVID-19, this sale will be modified to conduct a competitive online
                sale through a website portal. Consistent with Executive Order 14008,
                Tackling the Climate Crisis at Home and Abroad, utilizing an online
                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.
                 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
                 (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
                 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 ( Click on the orange ``Register for
                Sale'' button on the blue ``BLM Nevada SNPLMA Spring 2022 Land Sale''
                banner to register, and click on the light blue ``View Listings''
                button on the ``BLM Nevada SNPLMA Spring 2022 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 to purchase.
                 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
                Spring 2022 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
                 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: After the account is
                created, follow the link ``Submit Bank Information Online'' and fill in
                the form with the following information:
                 Bank Name
                 Banker's Name
                 Telephone Number of Banker
                 Address of Bank
                 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 can it
                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
                [[Page 8873]]
                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 EnergyNet's
                website. 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 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
                 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 24 hours from start to finish, and
                only bids placed during this 24-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
                 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., 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
                 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 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.
                [[Page 8874]]
                 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, 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
                 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, 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.
                Shonna Dooman,
                Field Manager, Las Vegas Field Office.
                [FR Doc. 2022-03362 Filed 2-15-22; 8:45 am]
                BILLING CODE 4310-HC-P

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