Notice of Realty Action: Recreation and Public Purposes Classification and Conveyance of Public Land in Doña Ana County, NM, 67186-67187 [2014-26784]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 79, Number 218 (Wednesday, November 12, 2014)]
[Notices]
[Pages 67186-67187]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26784]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNML00000 L54400000.EU0000 LVCLG13G5160 13XL5017AR]


Notice of Realty Action: Recreation and Public Purposes 
Classification and Conveyance of Public Land in Do[ntilde]a Ana County, 
NM

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Land Management (BLM) has examined and found 
suitable for classification for conveyance about 125 acres of public 
land in Do[ntilde]a Ana County, New Mexico, under the provisions of the 
Recreation and Public Purposes (R&PP) Act, as amended. The City of Las 
Cruces (City) has applied to obtain patent on its current landfill R&PP 
leases NMNM 000014 and NMNM 018155 each of 40 acres with a history of 
landfill use. Additionally, the City has applied to obtain patent of 45 
acres (NMNM 132849) of land adjacent to the leases. The resulting 
patent would total 125 acres. As a separate transaction, the City filed 
an application for the conveyance of the federally owned mineral 
interests in the 125-acre parcel of land described in this notice. The 
BLM is processing the mineral application under Section 209 of the 
Federal Land Policy and Management Act (FLPMA).

DATES: The BLM must receive written comments regarding the proposed 
classification or conveyance on or before December 29, 2014.

ADDRESSES: Send written comments concerning the proposed conveyances to 
the District Manager, BLM Las Cruces District Office, 1800 Marquess 
Street, Las Cruces, NM 88005.

FOR FURTHER INFORMATION CONTACT: Anthony Hom, Realty Specialist, at the 
address above, or by telephone 575-525-4331, or email to ahom@blm.gov. 
Persons who use a telecommunications device for the deaf (TDD) may call 
the Federal Information Relay Service (FIRS) at 1-800-877-8339 to 
contact the above individual during business hours. The FIRS 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 hours.

SUPPLEMENTARY INFORMATION: The City has requested that the BLM patent 
to the City two existing 40-acre landfill R&PP leased parcels, and 45 
acres of additional adjacent land (125 acres total) so that the City 
may continue to manage the 125 acres in accordance with a landfill 
closure plan approved by the New Mexico Environment Department. The 
parcels of land are described as:

 New Mexico Principal Meridian, New Mexico

T. 23 S., R. 2 E.,
    Sec. 11, W\1/2\NW\1/4\NW\1/4\NW\1/4\NE\1/4\, W\1/2\SW\1/4\NW\1/
4\NW\1/4\NE\1/4\, N\1/2\NW\1/4\, N\1/2\SW\1/4\NW\1/4\, NW\1/4\SW\1/
4\SW\1/4\NW\1/4\, N\1/2\SE\1/4\NW\1/4\.

    The area described contains 125 acres.

The land is not required for any other Federal purpose and it has been 
determined that the proposed action conforms to the Mimbres Resource 
Management Plan, approved December 1993.
    The conveyance, if completed, would be subject to limitations 
prescribed by law and regulations. Prior to patent issuance, a holder 
of any right-of-way within the parcels may be given the opportunity to 
amend the right-of-way for conversion to a new term, including 
perpetuity, if applicable, or an easement. In accordance with 
regulations at 43 CFR 2807.15(b), the BLM notified the valid existing 
right-of-way holders by letter of their ability to convert their 
rights-of-way to perpetual rights-of-way or easements. None of the 
holders requested conversion of their current authorizations, so the 
BLM will continue to administer their rights-of-way as authorized after 
the conveyance. The conveyance would also be subject

[[Page 67187]]

to the provisions of the R&PP Act and applicable regulations of the 
Secretary of the Interior including, but not limited to, 43 CFR part 
2743 and would be subject to the following terms, conditions, and 
reservations to the United States:
    1. A right-of-way thereon for ditches and canals constructed by the 
authority of the United States, Act of August 30, 1890 (43 U.S.C. 945);
    2. All minerals of known mineral value shall be reserved to 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. (Note, 
however, that the mineral estate may be separately patented to the R&PP 
applicant if a separate application under Section 209 of FLPMA is 
approved);
    3. Valid existing rights;
    4. A right-of-way for a telephone/telegraph line granted to Qwest 
Corporation, its successors or assigns, by right-of-way NMNM-61211;
    5. A right-of-way for a 24/13.8 kV electric transmission line 
granted to El Paso Electric Company, its successors or assigns, by 
right-of-way NMNM-83958;
    6. No portion of the land patented shall revert to the United 
States under any circumstance. In addition, the patentee will comply 
with all Federal and State laws applicable to the disposal, placement, 
or release of hazardous substances (substance as defined in 40 CFR part 
302);
    7. Specifically in regards to the 45-acre parcel, which has never 
been leased or conveyed out of the public lands, the investigation by 
the authorized officer discloses no hazardous substances as listed in 
43 CFR 2743.2(a)(6). However, the history of the parcel indicates that 
household hazardous waste may have been disposed;
    8. Specifically in regards to the two 40-acre parcels, which have 
been under lease, the investigation by the authorized officer shows 
that the involved lands contain only those quantities and types of 
hazardous substances consistent with household waste. The authorized 
officer has reasonable basis to believe that the contents of the leased 
disposal site do not threaten human health and the environment as 
listed in 43 CFR 2743.3(a)(4);
    9. Specifically in regards to the two 40-acre parcels, the lands 
have been used for disposal of solid waste. The land may contain small 
quantities of commercial hazardous waste and household hazardous waste 
as determined in the Resource Conservation and Recovery Act of 1976, as 
amended (43 U.S.C. 6901), and defined in 40 CFR 261.4 and 261.5. Based 
on the review of the Phase I Environmental Site Assessment (ESA) signed 
on April 3, 2013, the authorized officer reached the following 
conclusions: (1) Although the subject site is a closed Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) 
landfill, this Phase I ESA has revealed no Historic Recognized 
Environmental Conditions, which in the past may have been considered a 
Recognized Environmental Condition. However, the landfill is in year 8 
of its 30-year monitoring period, and is in corrective action with the 
New Mexico Environmental Department for an expanding groundwater 
contaminant plume; (2) The ESA is in conformance with the scope and 
limitation of the American Society for Testing and Materials ASTM 
E1527-05 and satisfies current BLM requirements; and (3) No further 
inquiry is needed for purposes of all appropriate inquire; therefore 
this landfill is suitable for disposal in accordance with CERCLA 
120(h); and
    10. An indemnification clause protecting the United States from 
claims arising out of the patentee's use, occupancy, or operations on 
the land will be included in the patent when issued.
    Upon publication of this notice in the Federal Register, the land 
described above will be segregated from all other forms of 
appropriation under the public land laws, including the United States 
general mining laws, except for conveyance under the R&PP Act, leasing 
under the mineral leasing laws and disposals under the mineral material 
disposal laws. Interested parties may submit written comments on the 
suitability of the land for a landfill. Comments on the classification 
are restricted to whether the land is physically suited for the 
proposal, whether the use will maximize the future use or uses of the 
land, whether the use is consistent with local planning and zoning, or 
if the use is consistent with State and Federal programs.
    Interested persons may submit written comments regarding the 
specific use proposed in the application and plan of development, 
whether the BLM followed appropriate administrative procedures in 
reaching the decision to convey under the R&PP Act. Documents related 
to this action are on file at the BLM, Las Cruces District Office at 
the address in this section and may be reviewed by the public upon 
request. Before including your address, phone number, email 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. Only written comments submitted to the District Manager, 
BLM Las Cruces District Office, will be considered properly filed.
    Any adverse comments regarding this action will be reviewed by the 
BLM State Director or other authorized official of the Department of 
the Interior, who may sustain, vacate, or modify this realty action. In 
the absence of any adverse comments, this realty action will become the 
final determination of the Department of the Interior.

    Authority:  43 CFR part 2743 and 43 CFR part 2920.

Aden L. Seidlitz,
Associate State Director.
[FR Doc. 2014-26784 Filed 11-10-14; 8:45 am]
BILLING CODE 4310-FB-P