Notice of Intent/Notice of Realty Action: Proposed Resource Management Plan Amendment and Non-Competitive Direct Sale for the Expansion of the San Jose Cemetery, Luis Lopez, Socorro County, NM, 65172-65173 [2019-25649]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Notices]
[Pages 65172-65173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25649]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNMA02000-L13400000]


Notice of Intent/Notice of Realty Action: Proposed Resource 
Management Plan Amendment and Non-Competitive Direct Sale for the 
Expansion of the San Jose Cemetery, Luis Lopez, Socorro County, NM

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Intent; Notice of Realty Action.

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SUMMARY: The Bureau of Land Management (BLM) is offering to sell a 
parcel of public land containing 2.72 acres through a non-competitive 
(direct) sale for the expansion of an existing cemetery at not less 
than the appraised fair market value of $7,400 to the Roman Catholic 
Church of the Archdiocese of Santa Fe San Miguel Parish. The sale is 
subject to the applicable provisions of Sections 203 and 209 of the 
Federal Land Policy and Management Act of 1976 (FLPMA), as amended, and 
the BLM land sale and mineral conveyance regulations. In accordance to 
Section 203 of FLPMA disposal criteria for sales, a resource management 
plan (RMP) amendment is required establishing the disposal criteria 
using the Section 202 FLPMA planning process.

DATES: Interested parties may submit written comments regarding the 
resource management plan amendment and classification of the land for 
direct sale, and the environmental assessment, on or before January 10, 
2020. 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 to the Field Manager, BLM Socorro 
Field Office, will be considered properly filed. Any adverse comments 
regarding the RMP amendment and non-competitive direct sale will be 
reviewed by the BLM New Mexico State Director or other authorized 
official of the Department of the Interior, who may sustain, vacate, or 
modify this realty action in whole or in part.

ADDRESSES: Send written comments to the BLM Field Manager, Socorro 
Field Office, 901 S. Hwy 85, Socorro, New Mexico 87801.

FOR FURTHER INFORMATION CONTACT: BLM Realty Specialist Virginia Alguire 
at (575) 838-1290 or [email protected]. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal Relay 
Service (FRS) at 1-800-877-8339 to contact the above individual during 
normal business hours. The FRS 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 BLM will conduct a direct sale for the 
following public land located in the unincorporated community of Luis 
Lopez in Socorro County, New Mexico. Luis Lopez lies between Socorro 
and San Antonio along the Rio Grande. The parcel of public land is 
legally described as: New Mexico Principal Meridian, New Mexico: T. 4 
S., R. 1 W., Section 1, Lot 11.
    The area described contains 2.72 acres, in Socorro County, New 
Mexico. Upon publication of the Notice, these public lands will be 
segregated from all forms of appropriation under the public land laws, 
including the mining laws, except for the sale provisions of FLPMA. 
Upon publication of this Notice, and until completion of the sale, the 
BLM will no longer accept land use applications affecting these public 
lands. The segregated effect will terminate upon issuance of a patent, 
publication in the Federal Register of a termination of the 
segregation, or on November 26, 2021, unless extended by the BLM New 
Mexico State Director in accordance with 43 CFR 2711.1-2(d) prior to 
the termination date.
    An Environmental Assessment will evaluate criteria under FLPMA, 
Section 203(a)(3) and 43 CFR 2710.0-3(a)(2), that the disposal of such 
tract will serve important public objectives, including but not limited 
to, expansion of communities and economic development, which cannot be 
achieved prudently or feasibly on lands other than public lands and 
which outweigh other public objectives and values. Such tract, because 
of its location or other characteristics, is difficult and uneconomic 
to manage as part of the public lands, and is not suitable for 
management by another Federal

[[Page 65173]]

department or agency. Consistent with Section 203 of FLPMA, a tract of 
public land may be sold as a result of approved land use planning if 
the sale of the tract meets the disposal criteria of that section. The 
public land in question has been identified as suitable for disposal in 
the BLM Socorro Resource Management Plan (RMP), Appendix F, pages 120 
through 125, dated August 20, 2010. However, an RMP amendment is 
required to establish the criteria to meet the FLPMA Section 203 
regulation through planning. The underlying decision will amend the BLM 
Socorro RMP establishing the FLPMA Section 203 sale criteria for the 
parcel using the FLPMA Section 202 planning process as follows: ``Such 
tract because of its location or other characteristics is difficult and 
uneconomic to manage as part of the public lands, and is not suitable 
for management by another Federal department or agency.''
    ``Disposal of such tract will serve important public objectives, 
including but not limited to expansion of communities and economic 
development, which cannot be achieved prudently or feasibly on land 
other than public land and which outweighs other public objectives and 
values, including but not limited to recreation and scenic values, 
which would be served by maintaining such tract in Federal ownership.''
    The parcel is not required for any other Federal purpose. 
Regulations contained in 43 CFR 2711.3-3(a)(1) make allowances for 
direct sales when a competitive sale is not appropriate and the public 
interest would be best served by a direct sale. The parcel would be 
transferred to the Archdiocese of Santa Fe and, given its location, 
will be used for the expansion of the existing cemetery. This action is 
consistent with 43 CFR part 2710, the objectives, goals, and decisions 
of the RMP such as the lands and realty objective to make lands 
available for community expansion and private economic development and 
to increase the potential for economic diversity. The BLM has prepared 
an environmental assessment (EA) DOI-BLM-NM-A020-2019-0045-RMP-EA for 
the RMP amendment and non-competitive direct sale, and will make it 
available for comment. The comment period on the EA will end 
concurrently with the close of the comment period associated with this 
Notice of Realty Action. The EA, environmental site assessment, mineral 
potential report, map, and approved appraisal report will be made 
available for review at the Socorro Field Office at the address in the 
ADDRESSES section and online at the BLM ePlanning website at: https://go.usa.gov/xVYN8. The BLM proposes a non-competitive direct sale 
because it serves an important local public objective of facilitating 
the expansion of the existing cemetery. The public land will not be 
offered for sale prior to 60 days from the date of publication of this 
notice in the Federal Register. The patent, if issued, would be subject 
to the following terms, conditions, and reservations:
    1. A reservation for any right-of-way thereon for ditches or canals 
constructed by the authority of the United States, Act of August 30, 
1890 (43 U.S.C. 945).
    2. The parcel is subject to all valid existing rights.
    3. The purchaser, by accepting the patent, agrees to an 
indemnification clause protecting the United States from claims arising 
out of the patentee's use, occupancy, or occupations on the patented 
lands.
    Pursuant to the requirements established by Section 120(h) of the 
Comprehensive Environmental Response, Compensation and Liability Act, 
42 U.S.C. 9620(h) (CERCLA), as amended by the Superfund Amendments and 
Reauthorization Act of 1988 (100 Stat. 1670), notice is hereby given 
that the above lands have been examined and no evidence was found to 
indicate that any hazardous substances have been stored for one year or 
more, nor had any hazardous substances been disposed of or released on 
the subject property. To the extent required by law, all parcels are 
subject to the requirements of Section 120(h) of CERCLA.
    No representation, warranty, or covenant of any kind, express or 
implied, will be given or made by the United States, its officers, or 
employees as to access to or from the above-described parcel of land, 
the title to the land, whether or to what extent the land may be 
developed, its physical condition, or its past, present or potential 
uses, and the conveyance of any such parcel will not be on a 
contingency basis. It is the responsibility of the buyer to be aware of 
all applicable Federal, State, and local government policies and 
regulations that would affect the subject lands. It is also the buyer's 
responsibility to be aware of existing or prospective uses of nearby 
properties. Lands without access from a public road or highway will be 
conveyed as such, and future access acquisition will be the 
responsibility of the buyer.
    The BLM prepared a mineral potential report dated April 10, 2012, 
which concluded that all mineral rights should be transferred. The 
purchaser will have 30 days from the date of receiving the sale offer 
to accept the offer and to submit a deposit of 20 percent of the 
purchase price. The purchaser must remit the remainder of the purchase 
price within 180 days from the date of the sale offer. Payments must be 
by certified check, U.S. postal money order, bank draft, or cashier's 
check, and made payable to the U.S. Department of the Interior-BLM. The 
purchaser may also conduct an Electronic Funds Transfer (EFT). The 
balance is due 2 weeks prior to the 180th day if the purchaser conducts 
an EFT. Failure to meet conditions established for this sale will void 
the sale and forfeit any payment(s) received.

    Authority: 43 CFR 2711.1-2(a) and (c).

Timothy R. Spisak,
State Director.
[FR Doc. 2019-25649 Filed 11-25-19; 8:45 am]
 BILLING CODE 4310-FB-P