Notice of Realty Action; Commercial Lease on public land, San Juan County, NM, 43705-43706 [05-14943]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management
• Land Management Bureau

[Federal Register Volume 70, Number 144 (Thursday, July 28, 2005)]
[Notices]
[Pages 43705-43706]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14943]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NM-070-1430-EQ; NMNM111685]


Notice of Realty Action; Commercial Lease on public land, San 
Juan County, NM

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) has determined that a 
100.53 acre tract of public land in San Juan County, New Mexico, is 
available for use as a poultry-production farm. Pursuant to the Federal 
Land Policy and Management Act of 1976, a non-competitive lease 
application for a use of this kind will be accepted for processing and 
given careful consideration by the BLM.

DATES: Interested persons may submit comments in writing to the BLM at 
the address given below on or before September 12, 2005.

ADDRESSES: Bureau of Land Management, Field Office Manager, Farmington 
Field Office, 1235 La Plata Highway, Suite A, Farmington, New Mexico 
87401.

FOR FURTHER INFORMATION CONTACT: Carol Balkus, at the address given 
above, or by telephone at: (505) 599-6353.

SUPPLEMENTARY INFORMATION: Nageezi Enterprises, a domestic corporation, 
has informally proposed in writing that the following described tract 
of public land, located near Bloomfield, New Mexico, be used, occupied 
and developed as a commercial, poultry-production farm:

New Mexico Principle Meridian

T. 27 N., R. 11 W., Section 9, lots 1 and 4, and the NE\1/4\ NE\1/4\
    Containing 100.53 acres, more or less.

    After review, the BLM has determined the proposed use of the above 
described tract of land is in conformance with the applicable BLM land 
use plan, i.e., the Farmington Resource Management Plan, and that the 
above described land is available for that use. Therefore, pursuant to 
section 302 (b) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1732 (b)) and the implementing regulations at 43 CFR part 
2920, the BLM will accept for processing an application to be filed by 
Nageezi Enterprises, or its duly qualified designee, for a non-
competitive lease of the above described tract of land, to be used and 
occupied as stated above.
    A non-competitive lease will be employed in this case because the 
lease is proposed within a checkerboard land pattern next to the Navajo 
Nation farm with intermingled land ownership which is primarily managed 
for Navajo interests. There is no known competitive interest. Water and 
feed for the poultry farm are provided by the Navajo farm at a 
significant discount to the corporation since the corporation is a 
joint venture by Navajo chapter members from Nageezi and Huerfano 
chapters. Land use authorizations may be offered on a negotiated, non-
competitive basis, when in the judgment of the authorized officer 
equities, such as prior use of the lands, exist, no competitive 
interest exists or where competitive bidding would represent unfair 
competitive and economic disadvantage to the originator of the

[[Page 43706]]

unique land use concept. The BLM will estimate the costs of processing 
the lease application. Before the BLM begins to process the 
application, the lease applicant must pay the full amount of the 
estimated costs to the United States. If a lease is not granted, the 
lease applicant must pay to the United States, in addition to the 
estimated costs, the reasonable costs incurred by the BLM in processing 
the lease in excess of the estimated costs.
    The current, appraised rental value relative to the above described 
land, is $94.74 per acre. Rent, payable annually or otherwise in 
advance, will be determined by the BLM, if and when a lease application 
is granted and periodically thereafter. If a lease is granted, the 
lessee shall reimburse the United States for all reasonable 
administrative and other costs incurred by the United States in 
processing the lease application and for monitoring construction, 
operation, maintenance and rehabilitation of the land and facilities 
authorized. The reimbursement of costs shall be in accordance with the 
provisions of 43 CFR 2920.6.
    The lease application must include a reference to this notice and 
comply in all other respects with the regulations pertaining to land 
use authorization applications at 43 CFR 2920.5-2 and 2920.5-(5)(b).
    The applicable regulations, and further details concerning the 
foregoing are available for review in the BLM, Farmington Field Office 
at the address stated above.
    If authorized, a lease would be subject to valid existing rights, 
including but not limited to the following:
    1. A right-of-way for a natural gas pipeline granted to El Paso 
Natural Gas by right-of-way New Mexico 57925, under the Act of February 
25, 1920 (30 U.S.C. 185).
    2. A right-of-way for a natural gas pipeline granted to El Paso 
Natural Gas by right-of-way New Mexico 07301, under the Act of February 
25, 1920 (30 U.S.C. 185).
    3. A right-of-way for a natural gas pipeline granted to El Paso 
Natural Gas by right-of-way New Mexico 08538, under the Act of February 
25, 1920 (30 U.S.C. 185).
    4. A right-of-way for a natural gas pipeline granted to El Paso 
Natural Gas by right-of-way New Mexico 08545, under the Act of February 
25, 1920 (30 U.S.C. 185).
    5. A right-of-way for a natural gas pipeline granted to El Paso 
Natural Gas by right-of-way New Mexico 021702, under the Act of 
February 25, 1920 (30 U.S.C. 185).
    On or before September 12, 2005, interested parties may submit 
comments to the BLM at the address stated above with respect to:
    (1) The decision of the BLM regarding the availability of the lands 
described herein and
    (2) The decision of the BLM to entertain an application from 
Nageezi Enterprises for a non-competitive lease.
    Adverse comments will be evaluated by the BLM Field Manager, 
Farmington, NM, who may sustain, vacate or modify this realty action. 
In the absence of any adverse comment, this realty action will become a 
final determination of the BLM as to each one of the two decisions 
stated above.

    (Authority: 43 CFR 2920.4)

    Dated: June 20, 2005.
Joel E. Farrell,
Assistant Field Manager.
[FR Doc. 05-14943 Filed 7-27-05; 8:45 am]
BILLING CODE 4310-VB-P