Sol_140D0424Q0863.pdf

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531320

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REQUEST FOR

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(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

08/09/2024 1500 ED

07/29/2024

7039648806Joy Wilson (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140D0424Q0863

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 320 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Herndon VA 20170 Suite 2000A 381 Elden Street Acquisition Services Directorate

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$9.5

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PRIORITIES AND ALLOCATIONS

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SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

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HUBZONE SMALL

BUSINESS

8(A)

Interior Business Center, AQD

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

ADMINISTERED BY:

Interior Business Center, AQD Acquisition Services Directorate 381 Elden Street Suite 2000A Herndon VA 20170 USA The U.S. Department of the Interior, Appraisal and Valuation Services Office, requirement for market valuation and appraisal report services for Smoke Creek Acquisition; AVIS Case Number:

224476; AVIS Project Number: L240034.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Joy B. Wilson

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

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ARE

ARE

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AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

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42b. RECEIVED AT (Location)

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41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

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UNIT PRICE

22.

UNIT

21.

QUANTITY

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SCHEDULE OF SUPPLIES/SERVICES

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ITEM NO.

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320 2 of

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

TABLE OF CONTENTS

INSTRUCTIONS TO OFFEROR’S

TECHNICAL QUALIFICATION FOR REQUIREMENT

EVALUATION OF QUOTATIONS

SUBMISSION OF QUOTE

STATEMENT OF WORK (SOW)

CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2023) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (May 2024) DOI-AAAP-0028 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Feb 2021)

CONTRACT PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998) 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-22 Alternative Line-Item Proposal (Jan 2017) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023) ………………………………………………………………………………………………. …69 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)

ATTACHMENTS…………………………………………………………………….…………………….83

Exhibit 1. 30-Year Conservation Easement

Exhibit 2. Grazing – Allotments Map

Exhibit 3. Legal Description – Jackrabbit Parcels for BLM Appraisal Updated 2024-05-23

Exhibit 4. Legal Description LSR – Smoke Creek LSR 1440

Exhibit 5. Map 1 – Conservation Easement

Exhibit 6. Map 2 – Conservation Easement

Exhibit 7. Map – General

Exhibit 8. Map – Updated LSR Map

Solicitation Document No.

140D0424Q0863

Document Title

Smoke Creek Acquisition

Exhibit 9. Maps – Buildable Areas in BLM Sale Area

Exhibit 10. Maps – Smoke Creek Ranch Land Status

Exhibit 11. Master Title Plat 1

Exhibit 12. Master Title Plat 2

Exhibit 13. Perpetual Conservation Easement

Exhibit 14. Photo – Grouped with Verbiage

Exhibit 15. Photo – Photo Locations

Exhibit 16. Preliminary Title Report

Exhibit 17. Property Description and Background

Exhibit 18. County Road Map

Exhibit 19. Wage Determination – Washoe County, NV

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INSTRUCTIONS TO OFFERORS

The Department of the Interior (DOI)/Interior Business Center (IBC), Acquisition Services Directorate (AQD) on behalf of the Appraisal and Valuation Services Office (AVSO) and the Bureau of Land Management (BLM), is issuing a request for quotation for market valuation and appraisal services for:

AVIS Case Name: Smoke Creek Acquisition; AVIS Case Number: 224476; AVIS Project

Number: L240034

SOLICITATION/AWARD PROCEDURES

This Request for Quote (RFQ) is issued in accordance with the Federal Acquisition Regulation (FAR) Part 12, the acquisition of commercial items and FAR Part 13 Simplified Acquisition Procedures.

ANTICIPATED AWARD TYPE

• Total Small Business Set-Aside

• NAICS: 531320 “Offices of Real Estate Appraisers”

• PSC: R411 “Support-Professional: Real Property Appraisals”

• Type of Contract: Firm-Fixed-Priced (FFP)

SERVICE AND SUPPLIES

Requirement are provided in the Statements of Work (SOW).

DELIVERY/PERIOD OF PERFORMANCE

The target period of performance is 270 calendar days from the date of the Purchase Order (PO) award. The initial appraisal target date is 90 calendar days from the date of award. If the target delivery dates are not achievable, then the contractor may provide justification (workload, etc.) and propose an alternative delivery date. See Section 3: Performance & Submission Requirements specified in the SOW.

LINE-ITEM PRICING

CLIN

No. Land Appraisal Services Description Total Price

00010

AVIS Case Name: Smoke Creek Acquisition AVIS Case Number: 224476 AVIS Project Number: L240034

As FFP requirement the pricing within an offeror’s quotation shall reflect the cost to perform the assignment to include but not limited to any travel, fees, Government discounts granted.

GENERAL REQUIREMENTS

Cover letter no more than one (1) page that includes:

• Tax Identification Number (TIN)

• Unique Entity Identifier (UEI)

• Complete Business Mailing Address

• Contact Name

• Contact Phone

• Contact Email Address

• Quotation Date

• Quotation Expiration date (60 days)

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TECHNICAL QUALIFICATION FOR REQUIREMENT

The quotation shall include all the following information:

FACTOR A: TECHNICAL QUALIFICATIONS

1. State Certification: The appraiser must hold a valid license as a Certified General Appraiser by the State of Nevada as demonstrated by a copy of the State Licensing Certificate or have the ability to obtain a temporary practice permit for the State of Nevada. If the appraiser is licensed in another state and applying for a license in the subject jurisdiction, he/she must provide a copy of his/her current state license. (A temporary license must also be provided by the contracted appraiser and included in the addenda of the appraisal report.)

2. Technical Acceptability:

a. Experience for Assignment: Both geographical competency and technical competency will be considered. The contractor shall provide a standard Appraiser's Statement of Qualifications and a signed proposal letter that describes and attests to the following:

1. Identify years of experience appraising comparable tracts of land in rural portions of Washoe County or similar areas in Northern Nevada and/or Northern California. If the appraiser has no or limited experience, then submit a description outlining the proposed scope of work.

2. Identify years of experience appraising lands for federal sale or acquisition under UASFLA (Uniform Appraisal Standards for Federal Land Acquisitions) guidelines. If none, please state such.

3. Identify years of appraisal experience as a Certified General Appraiser, professional affiliations and designations.

4. State whether a UASFLA course or seminar has been completed within the past five years. Completion of a UASFLA course or seminar will be considered, but is not required.

5. A designation from a recognized professional appraisal organization will be considered, but is not required. Please submit documentation.

b. Qualifications of Associate Appraisers: Any associates that will contribute to the appraisal must be identified in the proposal and a statement of qualifications and copy of license or permit must be provided for each individual. Those qualifications will be considered in the evaluation of proposals, with emphasis on professional designations and license, years of appraisal experience, years of UASFLA appraisal experience, and extent of education applicable to the appraisal of this property type. An expanded description of these qualifications for any associates must be included in the proposal. If any associates or other key personnel will be used, provide specific details and thoroughly describe the roles and contributions for each individual (including the signer). If the proposal does not list anyone else as providing assistance, it is expected that the proposal is submitted as though the individual contractor is doing 100 percent of the research, verifications, property inspections, valuation analyses, and appraisal writing. Sub-contracting of this assignment is not permissible.

c. Initial Delivery Date: The target date for the initial appraisal report is 90 days from the award of the contract. If the target date is not achievable, then the appraiser may provide an alternative delivery date and the reason for the later delivery. All delivery schedules will be considered.

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FACTOR B – PAST PERFORMANCE

1. Past Performance

a) Provide a list of the same or similar appraisal assignments completed in the last five years. Include details about the appraisal assignments, such as property type, property rights appraised, general location, size, date, etc. Please state whether these appraisal assignments were or were not written with intention to be compliant with UASFLA. If none completed, please state such.

b) Supply the contact information for government agency references in which UASFLA compliant appraisal reports have been completed for the federal government. If none completed, please state such.

c) Consideration may be given to whether the past performance of the appraiser involved any corrective reviews, report rejections, and significant corrections or revisions in appraisals prepared for the government. Preference may be given to positive past performance with the Appraisal and Valuation Services Office (AVSO).

FACTOR C – PRICE QUOTE

A. The Quoter must provide a firm-fixed price quote with any and all discounts applied for all the work to complete the assignment described in the Statements of Work (SOWs).

B. Price quotes will be evaluated for completeness and reasonableness.

EVALUATION OF QUOTATIONS

FAR 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021)

a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

Award of this Purchase Order will be made on a Best Value/Trade Off basis.

• The following factors shall be used to evaluate offers:

1. Technical Qualifications

2. Past Performance

3. Price Quote

Technical Qualifications and Past Performance when combined, are more important than the Price Quote.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

Further past performance determinations in federal contracting shall be made through a review of relevant

Document Title information listed within the System of Award Management (SAM) and the Contractor Performance Assessment Reporting System (CPARS).

• All offerors are required to have an active Unique Entity Identifier (UEI) and be registered in www.SAM.gov prior to submission of quotation. **Note, the UEI replaced the DUNS number on April 4, 2022.

**SUBMISSION OF INTENT**

The Contractor is requested to notify via email to Joy B. Wilson, Contract Officer, at joy_wilson@ibc.doi.gov of their intent to submit a quote on this order on or before 3:00P.M. Eastern Time, August 2, 2024. All submissions shall reference “Quote – 140D0424Q0863” included in the subject line.

SUBMISSION OF QUESTIONS

Submissions of Questions to this RFQ shall be sent via email to Joy B. Wilson, Contract Officer, at joy_wilson@ibc.doi.gov on or before 3:00 P.M. Eastern Time, August 2, 2024. All submissions shall reference “Quote – 140D0424Q0863” included in the subject line.

SUBMISSION OF QUOTE

Submissions of Quote to this RFQ shall be sent via email to Joy B. Wilson, Contract Officer, at joy_wilson@ibc.doi.gov on or before 3:00 P.M. Eastern Time, August 9, 2024. All submissions shall reference “Quote – 140D0424Q0863” included in the subject line.

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

http://www.sam.gov/

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STATEMENT OF WORK (SOW)

Appraisal and Valuation Services Office (AVSO)

SECTION 1 – SUBJECT IDENTIFICATION & GENERAL INFORMATION

Purpose of the Appraisal

This assignment involves a Partial Acquisition, and the appraisal is expected to incorporate “Before and After” methodology. More specifically, the appraisal is to develop opinions of Market Value for the Subject Property (Larger Parcel) under the following two scenarios (Before Condition and After Condition):

1) Before Condition: The As-Is Market Value of the Larger Parcel before the Acquisition

2) After Condition: The Market Value of the Remainder Property after the Acquisition

The mathematically calculated “Difference” between the Before Condition and After Condition will serve as the basis of “Compensation” for the acquisition by the United States of America (USA). The required appraisal standards are USPAP 2024 Edition and UASFLA (Yellow Book) 6th Edition.

Property Description, Before the Proposed Acquisition, and Larger Parcel Discussion

BLM is seeking to acquire 1,001.40 acres. This includes full acquisitions of 10 parcels that range in size from

38.76 to 120 acres (for a total of 622.02 acres), as well as an additional 379.17 acres that represent a portion of 6 other parcels. Therefore, in totality, this is a Partial (not Full) Acquisition. A summary of the subject parcels and the acquisition area(s) is shown as follows:

Identification Case Name Smoke Creek Acquisition

AVIS Case ID L240034

Agency Case ID NVCA106368143

Location Rural area of Washoe County, Nevada, near the California state line

Acreage BLM seeks to acquire 1,001.40 acres. This includes full acquisitions of 10 parcels that range in size from

38.76 to 120 acres (for a total of 622.02 acres), as well as an additional 379.17 acres that represent a portion of 6 other parcels. Therefore, in totality, this is a Partial (not Full) Acquisition.

Property Type Vacant, rural land

Case Type Partial Acquisition

Client U.S. Department of the Interior (DOI), Appraisal and Valuation Services Office (AVSO)

Intended Users The appraisal report will be used by the Appraisal and Valuation Services Office (AVSO) and the Bureau of Land Management (BLM) on behalf of the United States of America.

Intended Use The appraisal report will be used for the potential acquisition of the identified property by BLM. It is not intended for any other use.

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The total land area of the Directly Affected Parcels is shown as 1,782.02 acres; this is a combination of land areas derived from BLM Cadastral Survey, as well as the Washoe County Assessor’s Office (see “starred” acreages in the table above). BLM Cadastral Surveying is to confirm Washoe County Assessor’s Office land area figures for the Directly Affected Parcels as well as any other parcels of the Larger Parcel as determined by the Contract Appraiser.

Based upon a data source that compiles information from public records (LandVision), it appears the Subject Property ownership entity (Jackrabbit Properties LLC) holds title to 30 other parcels either contiguous or in the relative immediate area. The following map shows these parcels, which are located in both Nevada and California.

Area of Acq. Total Land Area Acquisition (BLM Survey) Dir. Affected Parcels Type

071-080-18 41.07 41.07 Full 071-080-23 40.00 40.00 Full 071-080-24 40.00 40.00 Full 071-080-25 120.00 120.00 Full 071-080-28 38.76 38.76 Full 071-080-29 43.10 43.10 Full 071-080-30 85.87 85.87 Full 071-080-31 42.85 42.85 Full 071-080-32 86.16 86.16 Full 071-080-33 84.21 84.21 Full

Por. Of 071-080-16, -20, -21, -22, -27 298.02 920* Partial Por. Of 071-080-26, -27 81.36 240* Partial

1,001.40 1,782.02 *Source = Washoe County Assessor's Office

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Source: LandVision

The directly affected parcels are numbered, and are in “Blue” outline, while other parcels held by this entity, but not directly affected by this BLM acquisition, are in “Green” outline. Note that the 5 parcels surrounded by the “Yellow” box were recently purchased by BLM from the Subject Property owner (Jackrabbit Properties LLC), and are known as “Rush Creek.” Therefore, excluding these parcels, there appear to be 30 contiguous and/or nearby parcels currently owned by Jackrabbit Properties LLC.

The Appraiser must investigate and conduct all research necessary to develop a well-supported Larger Parcel conclusion(s) in accordance with UASFLA 6th Edition, Sections 1.2.7.3.1, 1.4.6., 2.3.3.1.2 and 4.3.3.

The Subject Property is located in a rural area of Washoe County Nevada, near the California state line, approximately 70 miles (as the crow flies) north of Reno, Nevada. The property is approximately a 2-hour drive time north of Reno, and about 45 minutes from Susanville, California. Surrounding uses consist primarily of open, vacant land tracts, much of which are owned by the United States of America (USA) and managed by the Bureau of Land Management (BLM), others of which are owned by private entities (notably, the Subject Property ownership entity). Zoning is GR (Washoe County), General Rural.

There are various Wilderness Study Areas in the subject’s vicinity, including Five Springs, Twin Peaks and Dry Valley Rim. According to the BLM website (https://www.blm.gov/programs/national-conservation-lands/wilderness), “Wilderness Study Areas (commonly known as WSAs) are places that have wilderness characteristics; that is a minimum size, naturalness, and outstanding opportunities for recreation which make them eligible for designation as wilderness.”

Portions of the Subject Property are encumbered by 1) a Permanent Conservation Easement and 2) a 30-year Conservation Easement. Both easements are made up of lands from Nevada and California. Permanent Easements are conservation easements in perpetuity. NRCS pays 100% of the restoration costs. In 2012, NRCS paid $1,485,027 for this Permanent Conservation Easement. Under the 30-year Conservation Easement, which expires in 2042, NRCS pays 75% of the restoration costs. In 2012, NRCS paid $1,715,196 for the purchase of the 30-year https://www.blm.gov/programs/national-conservation-lands/wilderness https://www.blm.gov/programs/national-conservation-lands/wilderness

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Conservation Easement.

According to BLM, of the 1,001.40 acres to be acquired, 47.56 acres are under the Permanent Conservation Easement, 418.44 acres are under the 30-year Conservation Easement, and the remaining 535.40 acres are unencumbered. Allocations of the conservation land areas by parcel were requested but not provided by the BLM Realty Specialist. If needed for the appraisal process, the BLM Realty Specialist for this case will provide the information to AVSO and the Contract Appraiser.

While the Conservation Easement also encumbers other nearby properties that are under the same ownership as the Subject Property, these other properties are not part of the proposed BLM acquisition.

The Conservation Easement area is fenced. The BLM Realty Specialist reported this was a “large cost” but was completed to control access as well as grazing. The Landowner is responsible for realignment and general operation and maintenance of the fence. NRCS funds fence replacement if it is damaged by natural disaster(s).

The Subject Property has water sources/amenities. There are two known springs on the property. Additionally, approximately 3 miles of Rush Creek travels through the subject, as well as 3.3 miles of Smoke Creek. There is also a larger pond on the subject. There are recorded water rights, which will be discussed later within this document.

According to the BLM Realty Specialist, past and current uses of the Subject Property have included: vacant rural land (not utilized for any specific purpose), livestock grazing and recreation (hunting).

Note that the landowner intentionally reserved portions as well as road easements that are not encumbered by a Conservation Easement to maintain flexibility for future use or development. The unencumbered areas are identified as “buildable areas” on the included maps. This decision allows the landowner to retain control over these specific areas, ensuring they are not subject to the restrictions typically associated with Conservation Easements. The landowner also reserved a 100’ Easement along Smoke Creek Road to safeguard access and utility development. The SOW includes maps that were generated by the landowner’s general council in preparations for actively marketing the property.

The reader should also note that the Preliminary Title Report categorizes the Subject Parcels into “Parcel 1” and “Parcel 2.” “Parcel 1” is identified as APN: 071-080-32, while “Parcel 2” is shown as APNs 071-080-18, -20, -23 through -31 and -33. The BLM Realty Specialist for this case was asked if this implies there are only 2 Legally Transferrable Parcels, with the APNs only representing Tax Identification numbers. The Realty Specialist was unable to provide a response at this time. If additional information and/or clarification is needed during the appraisal process, the BLM Realty Specialist for this case has stated that he will provide it to AVSO and the Contract Appraiser for the completion of the appraisal report. This situation may also require consultation with BLM Cadastral Survey Professionals.

Additional information about the Subject Property can be found later in this document.

Summary of the Part Acquired (Proposed Acquisition by BLM)

BLM is seeking to acquire 1,001.40 acres in Fee. The BLM Realty Specialist for this case was asked how the new parcel(s) will be created upon the acquisition, such as a lot line adjustment, etc. The BLM Realty Specialist responded by indicating that a transaction between the Federal Government and a private landowner is not subject to the Subdivision Map Act and therefore a lot line adjustment is not necessary for closing. The private landowner reportedly has completed a survey that is sufficient to complete a lot line adjustment, but it is uncertain when it will be recorded with Washoe County. The BLM Realty Specialist indicated that the property owner may submit the final lot line adjustment paperwork to Washoe County for signature and recordation prior to BLM making an offer, and that Washoe County has already provided some technical review comments. An

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Extraordinary Assumption is authorized by AVSO along this topic, which will be discussed later within this SOW document.

According to the BLM Realty Specialist, the only improvements within the acquisition area are some small two track Jeep trails, the County road, as well as a rock impoundment that was put in place to slow the water flows on Smoke Creek, in order to prevent erosion. The Conservation Easement area is fenced.

Acquisition maps are presented in a later section of this document. While requested from the BLM Realty Specialist, maps showing the area of acquisition in relation to the area of the Directly Affected Parcels were not provided. If additional mapping is needed during the appraisal process, the BLM Realty Specialist for this case reports that he will provide it to AVSO for the completion of the appraisal report.

Summary of Remainder Property – After the Proposed BLM Acquisition

After the Proposed Acquisition, the Remainder Property that will be retained by the property owner, with respect to the directly affected property, is 780.62 acres (1,782.02 acres in total for the Directly Affected Parcels – 1,001.40 acres of acquisition area). However, this figure could change based upon the Contract Appraiser’s determination of Larger Parcel.

Physical and Legal Access will be relatively unchanged, as the BLM Realty Specialist indicated the Remainder Property will still be accessible from Smoke Creek Road.

Various maps of the Subject Property, as well as ground-level photographs (provided by BLM), are presented on the following pages.

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LOCATION MAP – SMOKE CREEK RANCH AND UPSTREAM PARCELS

Note: The map above shows all parcels owned by the Landowner/Seller (Jackrabbit Properties LLC) that are part of Smoke Creek Ranch. However, the Subject Property represents only the southernmost parcels in this group.

Subject Property

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LOCATION MAP – DIRECTLY AFFECTED PARCELS

Note: Green line is Nevada-California state line

Source: LandVision

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LOCATION MAP - AQUISITION AREA

Source: BLM

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LOCATION MAP – ACQUISITION AREA

Source: BLM via Google Earth

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LOCATION MAP - ACQUISITION AREA

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CONSERVATION EASEMENT (CE) AND BUILDABLE AREAS MAP (ACQUISITION AREA)

Note: The “Buildable Areas” are not encumbered by any Conservation Easements, meaning that they were purposedly excluded to allow eventual development.

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ACQUISITION MAP WITH CE OVERLAY (LARGER VIEW)

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ACQUISITION MAP WITH CE OVERLAY (CLOSER VIEW)

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MASTER TITLE PLAT – TOWNSHIP 31 NORTH RANGE 18

Note: The “Purple” boundary lines were drawn by BLM and represent the proposed acquisition area(s).

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MASTER TITLE PLAT – TOWNSHIP 31 NORTH RANGE 17

Note: The “Purple” boundary lines were drawn by BLM and represent the proposed acquisition area(s).

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SUBJECT PHOTOGRAPHS – PHOTO LOCATIONS

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SUBJECT PHOTOGRAPHS

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SUBJECT PHOTOGRAPHS (CONT.)

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SUBJECT PHOTOGRAPHS (CONT.)

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Land Surveyor Report/Legal Description(s)

The BLM Realty Specialist supplied a Land Surveyor Report (LSR) and legal descriptions for the proposed acquisition by BLM, which are included as Exhibits 10 and 11 as attachments to this solicitation. Before completion of the appraisal report, and dependent on the Larger Parcel analysis, the BLM Realty Specialist for this case will provide matching Legal Descriptions for the “Before” and “After” scenarios. Because this assignment involves a Partial Acquisition, and the appraisal is expected to incorporate “Before and After” methodology, Legal Descriptions are needed for the Proposed Acquisition, as well as the “Before” and “After” scenarios.

As stated in UASFLA 4.1.4. Defining Property Interests:

An appraiser cannot develop an opinion of market value for just compensation purposes without knowing what, exactly, the United States will acquire. A legal description identifies a property’s precise physical or geographic location. The property interest or interests to be acquired must be described with equal precision. The nature and extent of any property interest being acquired is determined by the acquiring agency, as delegated by Congress—not the appraiser, the landowner, or the courts. Under federal title regulations, the property interest must be sufficient for the government’s purpose in acquiring it, balanced against “the Government’s natural desire and duty to deplete the public purse no further than necessary in carrying out its projects” and other considerations that may be imposed by specific statutes and regulations.

“Of course, payment need only be made for what is taken, but for all that the Government takes it must pay.”

It is therefore critical for the agency to carefully and precisely define the property interest(s) being acquired and expressly state what interest(s), if any, will remain with the landowner.

Agencies are well advised to follow the maxim “measure twice, cut once” in defining the property interests to be acquired. An opinion of market value can only be used for just compensation purposes if it reflects the market value of the precise property interest being acquired. If an appraiser is provided an incorrect or outdated property interest, the resulting opinion of market value—no matter how well supported—will be of little or no use for purposes of just compensation. Moreover, in condemnation, agencies must stand by and pay compensation for the stated terms of the property interest taken. If those terms are not carefully defined, a condemning authority may well “‘discover[ ] that the judgment it won gave it more of a title than it wanted to pay for,’ but it must pay for what it won nonetheless.”

The BLM Realty Specialist for this case will need to provide a Legal Description for the “Before” condition, when the Contract Appraiser has made a determination as to the Larger Parcel. While the Appraiser may be able to determine a Legal Description for the “After” condition based on having the “Before” and “Acquisition” Legal Descriptions, he/she is likely not a licensed/experienced Land Surveyor and, therefore, assistance from BLM Cadastral Professionals will likely be required.

Conservation Easements

Of the 1,001.40 acres that comprise the Acquisition Area, approximately 47.56 acres are under a Permanent Conservation Easement (runs in perpetuity), 418.44 acres are under a 30-year Conservation Easement (expires in 2042) and the remaining 535.40 acres are unencumbered. While the Conservation Easement also encumbers other nearby properties that are under the same ownership as the Subject Property, these properties may or not be part

Document Title of the Larger Parcel, and they are not part of the proposed acquisition.

Permanent Conservation Easement

In 2012, the Natural Resources Conservation Service (NRCS), United States Department of Agriculture purchased a Permanent Conservation Easement for $1,485,027. After acquiring the Permanent Conservation Easement, the NRCS performed some meadow restoration work and installed perimeter fencing along the boundaries of the Permanent Conservation Easement. The following excerpt, which is from the Permanent Conservation Easement, describes the purpose and intent of this Permanent Conservation Easement. Note that most of this Permanent Conservation Easement is on the “Rush Creek” property located in California, but some does lie in the “Smoke Creek” property.

EXCERPT FROM PERMANENT CONSERVATION EASEMENT (PAGE 2 OF 76)

As part of this Permanent Conservation Easement, the Property Owner reserved various rights. The following excerpt, which is from the Conservation Easement, highlights some of the notable rights that were reserved by the Property Owner:

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EXCERPTS FROM PERMANENT CONSERVATION EASEMENT (PAGES 3 AND 4 OF 76)

The next excerpt, which is from the Permanent Conservation Easement, highlights some of the prohibitions. In other words, the following rights were acquired by the “Holder of the Permanent Conservation Easement (NRCS)” and were not reserved by the property owner.

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EXCERPT FROM PERMANENT CONSERVATION EASEMENT (PAGE 4 OF 76)

Even though grazing is listed as a prohibition in the Permanent Conservation Easement, the BLM Realty Specialist reports the property owner has a livestock operator that is allowed to graze (on a seasonal basis) on the area encumbered by Permanent Conservation Easement because a Compatible Use Authorization (CUA) was granted by NRCS. As indicated by the following excerpt, which is from the Permanent Conservation Easement, the NRCS has complete control over the grazing rights, and may authorize grazing on the area that is encumbered by the Permanent Conservation Easement:

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EXCERPT FROM PERMANENT CONSERVATION EASEMENT (PAGE 5 OF 76)

In an email to BLM, NRCS reported that the Compatible Use Authorization (CUA) can be cancelled at any time at the discretion of NRCS. As a result, if the Subject Property sold to a Private Buyer, NRCS has the ability to cancel the CUA with the existing livestock operator and issue a new CUA to the Private Buyer, presuming the Private Buyer wanted to graze the area encumbered by Conservation Easement.

However, to state again for clarification purposes, NRCS controls and manages the grazing rights, and has the sole discretion on whether a CUA would be issued to the private buyer. A copy of the existing CUA will be provided to the appraiser upon contract award. An excerpt from the aforementioned Email between BLM and NRCS is as follows:

EXCERPT OF NRCS EMAIL TO BLM REALTY SPECIALIST

The Subject Property includes several water rights that are encumbered by the Permanent Conservation Easement and must be used to maintain wet meadow vegetation or habitat. The portion of the Permanent Conservation Easement that describes the water uses and water rights is identified as Exhibit D. Several noteworthy excerpts from the Exhibit D portion of the Permanent Conservation Easement are presented next.

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EXCERPT FROM PERMANENT CONSERVATION EASEMENT

(EXHIBIT D – PAGE 70 OF 76)

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(EXHIBIT D – PAGE 71 OF 76)

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(EXHIBIT D – PAGES 71 AND 72 OF 76)

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(EXHIBIT D – PAGES 73 AND 74 OF 76)

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For full mapping of the Permanent Conservation Easement Area, please consult the Deed located as Exhibit 20 as an attachment to this SOW for the Appraisal solicitation.

30-Year Conservation Easement

In 2012, the Natural Resources Conservation Service (NRCS), United States Department of Agriculture purchased a 30-Year Conservation Easement for $1,715,196. After acquiring the 30-Year Conservation Easement, the NRCS performed some meadow restoration work and installed perimeter fencing along the boundaries of the 30-Year Conservation Easement.

Note the purpose/intent, notable reserved rights, prohibitions, and compatible uses with the Landowner generally remain the same with the 30-Year Conservation Easement as the Permanent Conservation Easement. A slight modification is noted here with regard to acreage:

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EXCERPT FROM 30-YEAR CONSERVATION EASEMENT (EXHIBIT D – PAGE 70 OF 76)

A slight modification in language is noted here to reflect that this is a 30-Year Conservation Easement:

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EXCERPT FROM 30-YEAR CONSERVATION EASEMENT (EXHIBIT D – PAGE 70 OF 76)

Water rights encumbered by the 30-Year Conservation Easement include the following:

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EXCERPT FROM 30-YEAR CONSERVATION EASEMENT (EXHIBIT D – PAGE 72 OF 74)

For full mapping of the 30-Year Conservation Easement Area, please consult the Deed located as Exhibit 1 as an attachment to this Statement of Work (SOW).

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Property Interest

The appraiser will value the Fee Simple Estate (including the surface estate and the mineral estate), subject to encumbrances and reservations of record (see Outstanding Rights section below).

The appraiser must immediately notify the AVSO Review Appraiser of any indications of rights contrary to these described. This may result in amended instructions.

Outstanding Rights

A Preliminary Title Report (included as Exhibit 23 as an attachment to this solicitation), prepared by Ticor Title of Nevada and dated April 17, 2024, is provided as part of this appraisal assignment. The appraiser must consider the exceptions listed in this Preliminary Title Report and any recorded or unrecorded documents, conditions, agreements, easements and/or encumbrances must be discussed in the appraisal report in relation to their impact on value.

According to the BLM Realty Specialist for this case, title to the Subject Property is clear of material defects and there are no concerns with any of the exceptions listed in the Preliminary Title Report.

Even though the BLM Realty Specialist has indicated they have no issues with anything listed or encumbered on Title, the appraiser will need to appraise the property’s fee simple interest, subject to any encumbrances and reservations of record. If these are referenced in the Title Report that is in effect as of the date of value, the appraiser will need to consider them in the valuation. If any are removed from Title, please notify AVSO immediately.

Since the appraisal problem is a Partial Acquisition, if additional Title Reports (notably, for the “Before” and “After” conditions) are needed during the appraisal process, the BLM Realty Specialist for this case states that he will provide them to AVSO and the Contract Appraiser for the completion of the appraisal report. This is also the case for any possible additional Exceptions to Title not already noted, as well as BLM commentary on Exceptions to Title.

Additionally, it should be noted that three Assessor’s parcels are not mentioned in the current Preliminary Title Report: 071-080-16, -21 and -22. The BLM Realty Specialist for this case reports that an updated Title Report (reflecting all parcels) is forthcoming. The updated Preliminary Title Report, along with the updated recorded Exceptions to Title, will be provided by the BLM Realty Specialist upon award of the assignment to the Contract Appraiser.

Reservations

According to the BLM Realty Specialist, the landowner intentionally reserved portions as well as road easements that are not encumbered by a conservation easement to maintain flexibility for future use or development. This decision allows the landowner to retain control over these specific areas, ensuring they are not subject to the restrictions typically associated with conservation easements.

The landowner also reserved a 100’ easement along Smoke Creek Road to safeguard access and utility development. The Land Surveyor Report (LSR) includes mapping generated by the landowner’s general council in preparations for actively marketing the property. According to the BLM Realty Specialist, this easement will be a reservation in the warranty deed. The BLM Realty Specialist indicated they will not provide a draft warranty deed until the appraisal is completed. Before completion of the appraisal report, the BLM Realty Specialist for this case will provide the terms and conditions of the easement reservation, along with specific easement language; this information is needed to ensure the property rights appraised match the property rights that will be acquired by the Federal Government.

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The legal description and map for this 100’ easement are shown within Exhibit 10 (LSR) as an attachment to this solicitation.

Minerals

The BLM Realty Specialist reports that Jackrabbit Properties is the owner of the majority of the subsurface rights and would convey such to BLM during the acquisition. A portion in section 16 of the property was originally patented to the State of Nevada and when the state issued their state patient, they reserved the minerals. A letter from the State of Nevada pertaining to their mineral reservation on Section 16, Township 31 North, Range 18 East, M.D.M is attached outlining the state’s determination. Reviewing records of the MTRS (LR2000) shows record that there has been no interest for mineral entry including notices or mining claims. The federal lands surrounding the property are precluded from entry through the RMP special designations of the ACEC and WSA which concludes that mineral development potential is low. There is one small mineral material site located on adjacent private lands which is used by the landowner for road maintenance.

Note that the aforementioned letter from the State of Nevada (dated January 25, 2022, addressed to the BLM) states the following with regard to mineral reservations:

Environmental Hazards

The BLM Realty Specialist states that an Environmental Site Assessment/Report has not been completed. BLM does not normally complete these reports unless there is a likelihood of ESA issues.

Improvements

According to the BLM Realty Specialist, the only improvements within the acquisition area are some small two track Jeep trails, the County road, as well as a rock impoundment that was put in place to slow the water flows on Smoke Creek, in order to prevent erosion. The Conservation Easement area is fenced. Potential existence of improvements within the Direct Affected Parcels was not reported by the BLM Realty Specialist.

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Water Features and Water Rights

The BLM Realty Specialist provided the following water rights table for the Subject Property:

As shown by the water rights table provided by the BLM Realty Specialist, there are 4 Proof/Permit numbers associated with the water rights at the Subject Property. These are summarized as follows:

1. Proof/Permit 09064 is a vested water right to Rush Creek, whereby the stream water is diverted by a ditch at a rate of 25 cubic feet per second. The use is irrigation, and the water source provides for 454 acres.

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The place of delivery, place of use and use period are shown. BLM is seeking to acquire the entire right for wildlife and irrigation and the State would determine the final amount.

2. Proof/Permit 64969 is a Permitted water right to Rush Creek, whereby the stream water is diverted by a ditch at a rate of 22 cubic feet per second. The use is irrigation, and the water source provides for 400 acres. The place of delivery, place of use and use period are shown. BLM is seeking to acquire the entire right for wildlife and irrigation and the State would determine the final amount.

3. Proof/Permit 09063 is a vested water right to Smoke Creek, whereby the stream water is diverted by a ditch at a rate of approximately 15 cubic feet per second. The use is irrigation, and the water source provides for approximately 293 acres. The place of delivery, place of use and use period are shown. BLM is seeking to acquire the entire right for wildlife and irrigation and the State would determine the final amount.

4. Proof/Permit 64968 is a Permitted water right to Smoke Creek, whereby the stream water is diverted by a ditch at a rate of approximately 6 cubic feet per second. The use is irrigation, and the water source provides for approximately 155 acres. The place of delivery, place of use and use period are shown. BLM is seeking to acquire the entire right for wildlife and irrigation and the State would determine the final amount.

The BLM Realty Specialist notes there are two known springs on the property. Additionally, approximately 3 miles of Rush Creek runs through the property, as well as approximately 3.3 miles of Smoke Creek. One larger pond impoundment is located on the subject as well, which slows the water flow in Smoke Creek.

A water rights map, provided by the BLM Realty Specialist, follows:

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Personal Property

None noted.

Property Access

According to the BLM Realty Specialist for this case, the Subject Property is located and accessed off of a County-maintained road (Smoke Creek Road) and has Legal and Physical Access. However, based on the Preliminary Title Report (Exception No. 21), Legal Access to the Subject Property has not been perfected or established. As stated in the Preliminary Title Report (Exception No. 21), “Any policy of title insurance issued under this application will not insure a legal right of access to and from said Land.”

The Realty Specialist said the statement (Exception No. 21) in the Preliminary Title Report is incorrect and provided a map from Washoe County that indicates Smoke Creek Road is a “Presumed Public Road.” In other words, the Realty Specialist and the Landowner/Seller believe there is Legal Access from Smoke Creek Road, which will reportedly be reflected in an updated Preliminary Title Report. AVSO requested a copy of this updated Preliminary Title Report with Exception No. 21 removed, but the BLM Realty Specialist for this case insisted on moving forward without it. The updated Preliminary Title Report, along with the updated recorded Exceptions to Title, will be provided by the BLM Realty Specialist upon award of this assignment to the Contract Appraiser.

Furthermore, if the updated Preliminary Title Report still indicates a lack of Legal Access for the Subject Property, then the Landowner/Seller will need to work with the Title Company to resolve this issue. Determining whether a Subject Property has Legal Access is the role/responsibility of the Landowner/Seller (with perhaps the Landowner/Seller’s Attorney) if legal expertise is necessary. A Buyer typically requires that proof of Legal and Physical Access be provided by the Owner/Seller of the property. The Contract Appraiser does not define the Subject Property attributes.

The map, provided by the BLM Realty Specialist, is shown on the next page.

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ACCESS MAP – FROM BLM/WASHOE COUNTY

Smoke Creek Road

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BLM Grazing Allotments

Based upon mapping provided by the BLM Realty Specialist, the Subject Property appears to be surrounded by the Twin Peaks and Observation Grazing Allotment areas. The BLM Realty Specialist indicated that the entire Conservation Easement boundary is fenced, including properties not part of the Directly Affected Parcels. There are some areas that are not fenced outside of the Conservation Easement.

The BLM Realty Specialist indicated the property owner is NOT a permittee within the Grazing Allotment Areas. The Conservation Easement has been fenced to control grazing on the Subject Property.

The contact information for the BLM Rangeland Management Specialist that is familiar with the Subject Property and the surrounding BLM Grazing Allotments will be provided upon contract award.

The approximate location of the Subject Property in relation to surrounding Grazing Allotment Areas is shown in the next map.

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Recreation

According to the BLM Realty Specialist, the Subject Property is located in the Nevada Unit 015 for Mule Deer.

These tags take 25+ years to draw for residents. Nevada Division of Wildlife allocates landowner tags based on acreage and populations. The Landowner currently has a number of their properties apart of this program and could provide information upon request. Additionally, BLM reports that Smoke Creek supports catchable trout and bass.

Ownership

The owner contact information will be provided to the appraiser upon contract award.

Sale and Listing History

The BLM Realty Specialist reported the Subject Property has not sold in the last 10 years and is not currently listed for sale.

A UASFLA appraisal requirement is for the reporting of a 10-year history of all transactions involving the Subject Property - including and emphasizing: a) current or recent listing/offering of the Subject Property; and b) the most recent sale of the Subject Property.