Notice of Realty Action: Recreation and Public Purposes Act Classification; Lease and Conveyance of Public Land, Doña Ana County, New Mexico, 6816-6818 [2011-2710]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 76, Number 26 (Tuesday, February 8, 2011)]
[Notices]
[Pages 6816-6818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2710]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNML003100 L14300000.ES0000; NMNM 122361]


Notice of Realty Action: Recreation and Public Purposes Act 
Classification; Lease and Conveyance of Public Land, Do[ntilde]a Ana 
County, New Mexico

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: The Cultural Department of the State of New Mexico has filed 
an application with the Bureau of Land Management (BLM) for lease and/
or conveyance of approximately 33.01 acres of public lands, in two 
individual parcels, under the Recreation and Public Purposes (R&PP) 
Act, as amended. The lands are proposed to be used for the construction 
of a Veteran's Museum and a park in Do[ntilde]a Ana County, New Mexico. 
The BLM has examined the lands and found them suitable to be classified 
for lease and/or conveyance under the provisions of the R&PP Act, as 
amended.

DATES: Interested parties may submit written comments regarding the 
proposed classification for lease and/or conveyance of the lands on or 
before March 25, 2011.

ADDRESSES: Written comments concerning this notice should be addressed 
to: District Manager, BLM Las Cruces District Office, 1800 Marquess 
Street, Las Cruces, New Mexico 88005.

FOR FURTHER INFORMATION CONTACT: Frances Martinez, Realty Specialist, 
at the above address, by phone (575) 525-4385, or by e-mail at: 
Frances_Martinez@blm.gov.

SUPPLEMENTARY INFORMATION: In accordance with Section 7 of the Taylor 
Grazing Act, 43 U.S.C. 315(f), and Executive Order No. 6910, the 
following public lands in Do[ntilde]a Ana County, New Mexico, have been 
examined and found suitable for classification for lease and/or 
conveyance to the Cultural Department of the State of New Mexico, under 
the provisions of the R&PP Act, as amended, (43 U.S.C. 869 et seq.). 
The lands, located in the Las Cruces metropolitan area, are hereby 
classified accordingly and described below:


[[Page 6817]]



Museum Parcel

New Mexico Principal Meridian

T. 22 S., R. 2 E.,
    Sec. 28, lot 22.

    The area described contains 13.61 acres in Do[ntilde]a Ana County, 
according to the official plat of the survey of the said land, on file 
in the BLM Las Cruces District Office.

Park Parcel

New Mexico Principal Meridian

T. 22 S., R. 2 E.,
    Sec. 28, lot 43.

    The area described contains 19.40 acres in Do[ntilde]a Ana County, 
according to the official plat of the survey of the said land, on file 
in the BLM Las Cruces District.
    In accordance with the R&PP Act, the Cultural Department of the 
State of New Mexico filed an application for the above described 33.01 
acres of public lands for a proposed New Mexico Veteran's Museum and 
Park. The Museum and Park would be situated adjacent to Highway 70 in 
Las Cruces, New Mexico; a desirable location because of high traffic. 
The Museum facility would be the centerpiece of a campus of indoor and 
outdoor facilities including a parking area, Veteran's Services Center, 
and a building for the care, restoration and storage of artifacts. The 
Park, located near the Veteran's Museum facility, would feature a 
military style, grass-parade grounds with public seating, an 
amphitheater, and a family playground and picnic area. The facility 
would service the entire State of New Mexico and other visitors from 
across the United States.
    Using the BLM R&PP Pricing Guidelines, it has been determined there 
will be no cost for the lease and/or conveyance of the Park parcel and 
the rental and sale price of the lease and/or conveyance of the Museum 
parcel will be determined at regular pricing and will be one-half of 
fair market value. The public lands would first be leased under the 
provisions of 43 CFR 2912 for a period of time prior to issuance of a 
patent to ensure development of the subject public lands in accordance 
with the development plan and compliance with the approved management 
plan. The lands would be periodically examined to determine whether the 
lessee or patentee has complied with the terms of the lease or patent.
    Additional detailed information pertaining to this application, 
plan of development, and site plans is contained in case file NMNM 
122361 located at the BLM Las Cruces District Office at the address 
above.
    The lands are not needed for any Federal purpose. Lease and/or 
conveyance of these lands is consistent with the BLM Mimbres Resource 
Management Plan, dated December 1993, and would be in the public 
interest. The Cultural Department has not applied for more than 640 
acres for the Museum and Park in a year, the limit set in 43 CFR 
2741.7(a)(2), and has submitted a statement in compliance with the 
regulations at 43 CFR 2741.4(b).
    Any lease or conveyance will be subject to the provisions of the 
R&PP Act, including but not limited to, the terms required by 43 CFR 
2741.9, and applicable regulations of the Secretary of the Interior. 
Any lease or conveyance of these lands will also contain the following 
reservations to the United States:
    1. A right-of-way for ditches and canals constructed by the 
authority of the United States, Act of August 30, 1890 (43 U.S.C. 945);
    2. 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 such regulations 
as the Secretary of the Interior may prescribe;
    3. Right-of-way NMNM 022519 for highway purposes as have been 
granted to the New Mexico Highway and Transportation Department, its 
successors or assigns, for a Federal Aid Project across public land, 
pursuant to Section 17 of the Federal Highway Act of November 9, 1921, 
(42 Stat. 216, 23 U.S.C. Sec. 18); and
    4. Any other reservations that the authorized officer determines 
appropriate to ensure public access and proper management of Federal 
lands and interests therein.
    Any lease or conveyance of the public lands will contain any terms 
or conditions required by law or regulation, including, but not limited 
to, any terms or conditions required by 43 CFR 2741.9; and will contain 
an appropriate indemnification clause protecting the United States from 
claims arising out of the lessee's or patentee's use, occupancy, or 
operations on the leased or conveyed lands. It will also contain any 
other terms or conditions deemed necessary or appropriate by the 
authorized officer. Any lease or patent of the public lands will be 
subject to valid existing rights. Subject to limitations prescribed by 
law and regulation, prior to conveyance, a holder of any right-of-way 
within the lease area may be given the opportunity to amend the right-
of-way for conversion to a new term, including perpetuity, if 
applicable.
    Lease and/or conveyance of the public land shall be subject to 
valid existing rights and the following rights-of-way:
    1. Right-of-way NMNM 0554552 for transmission line purposes granted 
to El Paso Electric Company, its successors or assigns, pursuant to the 
Act of March 4, 1911 (36 Stat. 1253; 43 U.S.C. 961), as amended;
    2. Right-of-way NMNM 0000895 for transmission line purposes granted 
to El Paso Electric Company, its successors or assigns, pursuant to the 
Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761);
    3. Right-of-way NMNM 12777 for telephone line purposes granted to 
Qwest Corporation, its successors or assigns, pursuant to the Act of 
March 4, 1911 (36 Stat. 1253; 43 U.S.C. 961), as amended;
    4. Right-of-way NMNM 64780 for aerial line purposes granted to 
Comcast of New Mexico, its successors or assigns, pursuant to the Act 
of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761);
    5. Right-of-way NMNM 63893 for transmission line purposes granted 
to El Paso Electric Company, its successors or assigns, pursuant to the 
Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761);
    6. Right-of-way NMNM 86821 for gas pipeline purposes granted to Rio 
Grande Natural Gas, its successors or assigns, pursuant to Section 28 
of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 185); and
    7. Right-of-way NMNM 104169 for water pipeline purposes granted to 
City of Las Cruces, its successors or assigns, pursuant to Title V of 
the Federal Land Policy and Management Act of October 21, 1976 (90 
Stat. 2776; 43 U.S.C. 1761).
    Detailed information concerning this proposed project, including, 
but not limited to, documentation relating to compliance with 
applicable environmental and cultural resource laws, is available for 
review at the BLM Las Cruces District Office at the address above.
    Upon publication of this Notice in the Federal Register, the lands 
described will be segregated from appropriation under the public land 
laws, including the general mining laws, except for lease or conveyance 
under the R&PP Act and leasing under the mineral leasing laws.
    Classification Comments: Interested parties may submit comments 
involving the suitability of the lands for the proposed museum and 
park. Comments on the classification are restricted to whether the 
lands are physically suited for the proposal, whether the use will 
maximize the future use or uses of the lands, whether the use is 
consistent with local planning and zoning, or if the

[[Page 6818]]

use is consistent with State and Federal programs.
    Additional Comments: Interested parties may submit comments 
regarding the specific use proposed in the application and plan of 
development, whether the BLM followed proper administrative procedures 
in reaching the decision, or any other factor not directly related to 
the suitability of the land for R&PP Act use.
    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.
    Any adverse comments will be reviewed by the BLM New Mexico State 
Director, who may sustain, vacate, or modify this realty action. In the 
absence of any adverse comments, the classification of the land 
described in this notice will become effective on April 11, 2011. The 
lands will not be available for lease and/or conveyance until after the 
classification becomes effective.

    Authority:  43 CFR 2741.5.

Bill Childress,
District Manager, Las Cruces.
[FR Doc. 2011-2710 Filed 2-7-11; 8:45 am]
BILLING CODE 4310-VC-P