Notice of Realty Action: Non-Competitive Direct Sale for the Disposal of 1.4 Acres of Public Land in Rio Arriba County, NM, 59449-59450 [2022-21285]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Notices]
[Pages 59449-59450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21285]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNMF02000-L14400000.EU0000 223L1109AF]


Notice of Realty Action: Non-Competitive Direct Sale for the 
Disposal of 1.4 Acres of Public Land in Rio Arriba County, NM

AGENCY: Bureau of Land Management, Department of the Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) is offering to sell a 1.4-
acre parcel of public land at not less than the appraised fair market 
value of $14,000 to Gilbert Borrego through a non-competitive (direct) 
sale to resolve an unauthorized use of public lands. The sale is 
subject to the applicable provisions of the Federal Land Policy and 
Management Act of 1976, as amended (FLPMA), and the BLM land sale and 
mineral conveyance regulations.

DATES: Interested parties may submit written comments regarding the 
direct sale by November 14, 2022.

ADDRESSES: Send written comments to the BLM Field Manager, Taos Field 
Office, 226 Cruz Alta Road, Taos, New Mexico 87571.

FOR FURTHER INFORMATION CONTACT: BLM Realty Specialist Mark T. Lujan at 
(575) 751-4747, or [email protected].
    Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION: The BLM proposes to conduct a direct sale 
for the following public land located in the unincorporated community 
of Lyden in Rio Arriba County, New Mexico. Lyden is north of 
Espa[ntilde]ola, New Mexico, along the Rio Grande. The parcel of public 
land is legally described as:

    Tract 24B within the Sebastian Martin Grant, Rio Arriba County, 
New Mexico.

    The area described contains 1.4 acres. Upon publication of this 
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 segregation 
will terminate upon issuance of a patent, publication in the Federal 
Register of a termination of the segregation, or on September 30, 2024, 
unless extended by the BLM New Mexico State Director in accordance with 
43 CFR 2711.1-2(d) prior to the termination date.
    The BLM proposes this direct sale of approximately 1.4 acres of 
public land to Mr. Gilbert Borrego in Rio Arriba County, New Mexico, to 
resolve an inadvertent trespass in accordance with a settlement 
agreement entered between the United States of America vs. Gilbert 
Borrego (12-cv-434-JB-GBW) in Federal District Court. An environmental 
assessment (EA) has been prepared to 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. Under section 203 of 
FLPMA, a tract of public land may be sold if the tract meets the 
disposal criteria of that section as determined through the land use 
planning process. The public land in question has been identified as 
suitable for disposal by direct sale in the BLM Taos Resource 
Management Plan, appendix F, pages 190 through 192, dated May 24, 2012, 
because of its inadvertent unauthorized use or occupancy, as determined 
by the authorized officer. Furthermore, the subject tract, because of 
its location and 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. 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.
    As noted earlier, the BLM has prepared an EA, DOI-BLM-NM-F020-2021-
0018-EA, for the non-competitive direct sale and has made 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 Taos Field Office at the address in the ADDRESSES section 
and online at the BLM e-Planning website at:

[[Page 59450]]

https://eplanning.blm.gov/eplanning-ui/project/2015283/510.
    The BLM proposes a non-competitive direct sale because it serves an 
important local public objective of facilitating the settlement 
agreement for the inadvertent trespass. The public land will not be 
offered for sale prior to 45 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.
    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.
    The BLM prepared a mineral potential report dated October 30, 2020, 
which concluded there are no known mineral values in the land. The 
mineral estate should be transferred simultaneously with the surface 
under the authority of Section 209 of FLPMA.
    The BLM New Mexico State Director or other authorized official of 
the Department of the Interior will review adverse comments regarding 
the parcel and may sustain, vacate, or modify this realty action, in-
whole or in-part. In the absence of timely objections, this realty 
action will become the final determination of the Department of the 
Interior.
    In addition to publication in the Federal Register, the BLM will 
also publish this notice in the New Mexican, once a week, for 3 
consecutive weeks.
    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 Taos 
Field Office, will be considered properly filed.

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

Steven R. Wells,
Associate State Director.
[FR Doc. 2022-21285 Filed 9-29-22; 8:45 am]
BILLING CODE 4331-23-P