Notice of Realty Action: Proposed Direct Sale of Public Land, Chaves County, NM, 39273-39275 [2010-16605]

Agencies

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

[Federal Register Volume 75, Number 130 (Thursday, July 8, 2010)]
[Notices]
[Pages 39273-39275]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16605]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNMP01000 L1430000-EU000; NMNM-121140]


Notice of Realty Action: Proposed Direct Sale of Public Land, 
Chaves County, NM

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: The Bureau of Land Management (BLM) proposes to sell two small 
parcels totaling 60 acres in Chaves County, New Mexico. These parcels 
are being proposed for direct sale to the Roswell Gun Club at no less 
than the appraised fair market value (FMV) to resolve inadvertent, 
unauthorized use

[[Page 39274]]

and occupancy of public lands. The sale is pursuant to Section 203 of 
the Federal Land Policy and Management Act of 1976 (FLPMA) and is 
consistent with the BLM Roswell Resource Management Plan dated October 
1997, as amended. No significant resource values will be affected by 
disposal of these parcels from Federal ownership.

DATES: Interested parties may submit written comments to the BLM at the 
address stated below. To ensure consideration in the environmental 
analysis of the proposed sale, comments must be received by the BLM no 
later than August 23, 2010.

ADDRESSES: Written comments regarding the proposed sale should be 
addressed to the BLM, Field Manager, Roswell Field Office, 2909 West 
Second, Roswell, New Mexico 88201. Environmental and other 
documentation associated with this proposal is available for review at 
this address as well.

FOR FURTHER INFORMATION CONTACT: Angel Mayes, Assistant Field Manager, 
Lands and Minerals, at the above address or telephone (575) 627-0250 or 
e-mail angel_mayes@nm.blm.gov.

SUPPLEMENTARY INFORMATION: The following parcels of public lands in 
Chaves County, New Mexico proposed for direct sale are described as:

New Mexico Principal Meridian

T. 9 S., R. 24 E.,
    Sec. 26, W\1/2\NW\1/4\SE\1/4\;
    Sec. 35, N\1/2\NE\1/4\NE\1/4\, NE\1/4\NW\1/4\NE\1/4\ and SE\1/
4\NE\1/4\NE\1/4\.
    The area described contains 60 acres, more or less, in Chaves 
County.

    The parcels are 5 miles northeast of the City of Roswell in an area 
south of U.S. Highway 70 and north of the Old Clovis/Roswell Highway. 
Access to the parcels is off of U.S. Highway 380. This is a mostly 
undeveloped area and a large portion of the land in the immediate 
proximity of the subject property is currently owned by the New Mexico 
Military Institute and the Roswell Gun Club. The unauthorized, 
inadvertent uses on these parcels consist of a two-track roadway, which 
provides access to the existing Roswell Gun Club, firing ranges, 
sightings-in range, small arms firing range, and various earthen berms. 
The authority for the sale is Section 203 of the FLPMA (43 U.S.C. 1713) 
and regulations found at 43 CFR 2710. Regulations contained in 43 CFR 
2711.3-3 make allowances for direct sales when a competitive sale is 
inappropriate and when the public interest would best be served by a 
direct sale. In accordance with 43 CFR 2710.0-6(3)(iii) and 43 CFR 
2711.3-3(5), the BLM authorized officer finds that the public interest 
would be best served by resolving the inadvertent unauthorized use and 
occupancy of BLM-managed lands by direct sale to a landowner whose 
improvements occupy portions of the parcels and to protect existing 
equities in the land.
    The parcels are not required for Federal purposes, and the 1997 BLM 
Roswell Resource Management Plan, as amended, provides for disposal in 
support of unauthorized use through sale to resolve long-standing 
trespass if the disposal criteria are met. Therefore, the parcels meet 
the qualifications for disposal from Federal ownership. The disposal 
(sale) of the parcels would serve the public interest for private 
economic development which outweighs other public objectives and values 
with respect to these parcels. Upon publication of this Notice, the 
land will be segregated from all forms of appropriation under the 
public land laws, including the mining laws, except the sale provisions 
of FLPMA. The segregative effect will terminate upon issuance of a 
patent, publication in the Federal Register of a termination of 
segregation, or July 9, 2012, whichever occurs first, unless the 
segregation period is extended by the BLM State Director, New Mexico, 
in accordance with 43 CFR 2711.1-2(d) prior to the termination date. 
Upon publication of this notice and until completion of the sale, the 
BLM will not accept land use applications regarding these parcels.
    Federal law requires purchasers to be citizens of the United 
States, 18 years of age or older; or, in the case of corporations, to 
be subject to the laws of any State or of the United States; a State, 
State instrumentality or political subdivision authorized to hold 
property or an entity legally capable of conveying lands or interests 
therein under the laws of the State of New Mexico. The purchaser will 
be allowed 30 days from receipt of a written offer from the BLM to 
submit a deposit of 30 percent of the appraised FMV of the parcels, and 
180 days thereafter to submit the balance. Payment must be in the form 
of a certified check, postal money order, bank draft, or cashier's 
check made payable in U.S. dollars to the order of the U.S. Department 
of the Interior BLM. Personal checks will not be accepted. Failure to 
meet conditions established for this sale will void the sale and any 
monies received will be forfeited. If the balance of the purchase price 
is not received within the 180 days, the deposit shall be forfeited to 
the United States and the parcels withdrawn from sale.
    Any patent issued will contain the following numbered reservations, 
covenants, terms and conditions:
    1. A reservation of a right-of-way thereon for ditches and canals 
constructed by the authority of the United States pursuant to the Act 
of August 30, 1890, (26 Stat. 391; 43 U.S.C. 945);
    2. A reservation of a right-of-way, NMLC-065823, issued July 17, 
1948, without expiration, to the New Mexico State Highway Department 
and Transportation Department for the construction and maintenance for 
U.S. Highway 70;
    3. A reservation of a right-of-way, NMNM-122357, issued pursuant to 
the Act of October 21, 1976, (43 U.S.C. 1761); located in the W\1/
2\NW\1/4\SE\1/4\ of Section 26, T. 9 S., R. 24 E., NMPM, New Mexico. 
The right-of-way has been issued to the United States of America, 
administered through the BLM, or its assigns, giving the BLM the right 
to use an existing roadway for the purpose of administrative access to 
public lands located south of the subject properties. The right-of-way 
is 1,378.34 feet in length by 30 feet in width for approximately .94 
acres more or less;
    4. A reservation of a right-of-way, NMNM 055592, issued by the 
United States on May 25, 1983, expiring May 25, 2023, to Qwest 
Corporation for the construction, maintenance, and operation of a 
buried telephone line located in the NW\1/4\SE\1/4\ section 26, T. 9 
S., R. 24 E., NMPM, New Mexico;
    5. A reservation of all minerals and mineral interests for and 
under the subject parcels by the United States, together with the right 
to prospect for, mine, and remove such deposits from the same under 
applicable law and such regulations as the Secretary of the Interior 
may prescribe;
    6. A notice and indemnification statement under the Comprehensive 
Environmental Response, Compensation and Liability Act (42 U.S.C. 
9620(h)), as amended by the Superfund Amendments and Reauthorization 
Act of 1988, (100 Stat. 1670), holding the United States harmless from 
any release of hazardous materials that may have occurred as a result 
of any authorized or unauthorized use of the property by other parties; 
and
    7. Any additional terms and conditions that the authorized officer 
deems appropriate to ensure proper land use and protection of the 
public interest.
    No warranty of any kind, expressed or implied, is given by the 
United States as to the title, physical condition, or potential uses of 
the parcels of land proposed for sale, and the conveyance

[[Page 39275]]

will not be on a contingency basis. In order to determine the value, 
through appraisal, certain extraordinary assumptions may be made of the 
attributes and limitations of the lands and potential effects of local 
regulations and policies on potential future land uses. Through 
publication of this Notice of Realty Action, the BLM gives notice that 
these assumptions may not be endorsed or approved by units of local 
government. It is the buyer's responsibility to be aware of: (1) All 
applicable Federal, State, or local government laws, regulations, or 
policies that may affect the subject parcels or its future uses; and 
(2) 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 will be the responsibility of the purchaser to 
be aware of those laws, regulations and policies, and to seek any 
required local approvals for future uses. Buyers should also make 
themselves aware of any Federal or State law or regulations that may 
impact the future use of the properties. If the parcels lack access 
from a public road or highway, they will be conveyed as such, and 
future access acquisition will be the responsibility of the buyer.
    Public Comments: For a period until August 23, 2010, interested 
parties and the general public may submit, in writing, any comments 
concerning the parcels being considered for direct sale, including 
notification of any encumbrances or other claims relating to the 
parcels, to the BLM Roswell Field Office Field Manager at the above 
address. In order to ensure consideration in the environmental analysis 
of the proposed sale, comments must be in writing and postmarked or 
delivered within 45 days of the initial date of publication of this 
Notice. Comments, including names and street address of respondents, 
will be available for public review at the BLM Roswell Field Office 
during regular business hours. Individual respondents may request 
confidentiality. Before including your address, phone number, e-mail 
address, or other personal identifying information in your comment, you 
should be aware that your entire comment--including your personal 
identifying information--may be made publicly available at any time. 
While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.

    Authority:  43 CFR 2711.

Charles Schmidt,
Field Manager, Roswell.
[FR Doc. 2010-16605 Filed 7-7-10; 8:45 am]
BILLING CODE 4310-VA-P