From: Subject: FR Doc 2010-16605 Date: Sat, 21 Aug 2010 09:50:40 -0700 MIME-Version: 1.0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://edocket.access.gpo.gov/2010/2010-16605.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5931 =EF=BB=BF FR Doc 2010-16605 
[Federal Register: July 8, 2010 (Volume 75, Number 130)]
[Notices]              =20
[Page 39273-39275]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy10-107]                        =20

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNMP01000 L1430000-EU000; NMNM-121140]

=20
Notice of Realty Action: Proposed Direct Sale of Public Land,=20
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=20
parcels totaling 60 acres in Chaves County, New Mexico. These parcels=20
are being proposed for direct sale to the Roswell Gun Club at no less=20
than the appraised fair market value (FMV) to resolve inadvertent,=20
unauthorized use

[[Page 39274]]

and occupancy of public lands. The sale is pursuant to Section 203 of=20
the Federal Land Policy and Management Act of 1976 (FLPMA) and is=20
consistent with the BLM Roswell Resource Management Plan dated October=20
1997, as amended. No significant resource values will be affected by=20
disposal of these parcels from Federal ownership.

DATES: Interested parties may submit written comments to the BLM at the=20
address stated below. To ensure consideration in the environmental=20
analysis of the proposed sale, comments must be received by the BLM no=20
later than August 23, 2010.

ADDRESSES: Written comments regarding the proposed sale should be=20
addressed to the BLM, Field Manager, Roswell Field Office, 2909 West=20
Second, Roswell, New Mexico 88201. Environmental and other=20
documentation associated with this proposal is available for review at=20
this address as well.

FOR FURTHER INFORMATION CONTACT: Angel Mayes, Assistant Field Manager,=20
Lands and Minerals, at the above address or telephone (575) 627-0250 or=20
e-mail angel_mayes@nm.blm.gov.

SUPPLEMENTARY INFORMATION: The following parcels of public lands in=20
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=20
County.

    The parcels are 5 miles northeast of the City of Roswell in an area=20
south of U.S. Highway 70 and north of the Old Clovis/Roswell Highway.=20
Access to the parcels is off of U.S. Highway 380. This is a mostly=20
undeveloped area and a large portion of the land in the immediate=20
proximity of the subject property is currently owned by the New Mexico=20
Military Institute and the Roswell Gun Club. The unauthorized,=20
inadvertent uses on these parcels consist of a two-track roadway, which=20
provides access to the existing Roswell Gun Club, firing ranges,=20
sightings-in range, small arms firing range, and various earthen berms.=20
The authority for the sale is Section 203 of the FLPMA (43 U.S.C. 1713)=20
and regulations found at 43 CFR 2710. Regulations contained in 43 CFR=20
2711.3-3 make allowances for direct sales when a competitive sale is=20
inappropriate and when the public interest would best be served by a=20
direct sale. In accordance with 43 CFR 2710.0-6(3)(iii) and 43 CFR=20
2711.3-3(5), the BLM authorized officer finds that the public interest=20
would be best served by resolving the inadvertent unauthorized use and=20
occupancy of BLM-managed lands by direct sale to a landowner whose=20
improvements occupy portions of the parcels and to protect existing=20
equities in the land.
    The parcels are not required for Federal purposes, and the 1997 BLM=20
Roswell Resource Management Plan, as amended, provides for disposal in=20
support of unauthorized use through sale to resolve long-standing=20
trespass if the disposal criteria are met. Therefore, the parcels meet=20
the qualifications for disposal from Federal ownership. The disposal=20
(sale) of the parcels would serve the public interest for private=20
economic development which outweighs other public objectives and values=20
with respect to these parcels. Upon publication of this Notice, the=20
land will be segregated from all forms of appropriation under the=20
public land laws, including the mining laws, except the sale provisions=20
of FLPMA. The segregative effect will terminate upon issuance of a=20
patent, publication in the Federal Register of a termination of=20
segregation, or July 9, 2012, whichever occurs first, unless the=20
segregation period is extended by the BLM State Director, New Mexico,=20
in accordance with 43 CFR 2711.1-2(d) prior to the termination date.=20
Upon publication of this notice and until completion of the sale, the=20
BLM will not accept land use applications regarding these parcels.
    Federal law requires purchasers to be citizens of the United=20
States, 18 years of age or older; or, in the case of corporations, to=20
be subject to the laws of any State or of the United States; a State,=20
State instrumentality or political subdivision authorized to hold=20
property or an entity legally capable of conveying lands or interests=20
therein under the laws of the State of New Mexico. The purchaser will=20
be allowed 30 days from receipt of a written offer from the BLM to=20
submit a deposit of 30 percent of the appraised FMV of the parcels, and=20
180 days thereafter to submit the balance. Payment must be in the form=20
of a certified check, postal money order, bank draft, or cashier's=20
check made payable in U.S. dollars to the order of the U.S. Department=20
of the Interior BLM. Personal checks will not be accepted. Failure to=20
meet conditions established for this sale will void the sale and any=20
monies received will be forfeited. If the balance of the purchase price=20
is not received within the 180 days, the deposit shall be forfeited to=20
the United States and the parcels withdrawn from sale.
    Any patent issued will contain the following numbered reservations,=20
covenants, terms and conditions:
    1. A reservation of a right-of-way thereon for ditches and canals=20
constructed by the authority of the United States pursuant to the Act=20
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,=20
1948, without expiration, to the New Mexico State Highway Department=20
and Transportation Department for the construction and maintenance for=20
U.S. Highway 70;
    3. A reservation of a right-of-way, NMNM-122357, issued pursuant to=20
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.=20
The right-of-way has been issued to the United States of America,=20
administered through the BLM, or its assigns, giving the BLM the right=20
to use an existing roadway for the purpose of administrative access to=20
public lands located south of the subject properties. The right-of-way=20
is 1,378.34 feet in length by 30 feet in width for approximately .94=20
acres more or less;
    4. A reservation of a right-of-way, NMNM 055592, issued by the=20
United States on May 25, 1983, expiring May 25, 2023, to Qwest=20
Corporation for the construction, maintenance, and operation of a=20
buried telephone line located in the NW\1/4\SE\1/4\ section 26, T. 9=20
S., R. 24 E., NMPM, New Mexico;
    5. A reservation of all minerals and mineral interests for and=20
under the subject parcels by the United States, together with the right=20
to prospect for, mine, and remove such deposits from the same under=20
applicable law and such regulations as the Secretary of the Interior=20
may prescribe;
    6. A notice and indemnification statement under the Comprehensive=20
Environmental Response, Compensation and Liability Act (42 U.S.C.=20
9620(h)), as amended by the Superfund Amendments and Reauthorization=20
Act of 1988, (100 Stat. 1670), holding the United States harmless from=20
any release of hazardous materials that may have occurred as a result=20
of any authorized or unauthorized use of the property by other parties;=20
and
    7. Any additional terms and conditions that the authorized officer=20
deems appropriate to ensure proper land use and protection of the=20
public interest.
    No warranty of any kind, expressed or implied, is given by the=20
United States as to the title, physical condition, or potential uses of=20
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,=20
through appraisal, certain extraordinary assumptions may be made of the=20
attributes and limitations of the lands and potential effects of local=20
regulations and policies on potential future land uses. Through=20
publication of this Notice of Realty Action, the BLM gives notice that=20
these assumptions may not be endorsed or approved by units of local=20
government. It is the buyer's responsibility to be aware of: (1) All=20
applicable Federal, State, or local government laws, regulations, or=20
policies that may affect the subject parcels or its future uses; and=20
(2) existing or prospective uses of nearby properties. When conveyed=20
out of Federal ownership, the lands will be subject to any applicable=20
laws, regulations, and policies of the applicable local government for=20
proposed future uses. It will be the responsibility of the purchaser to=20
be aware of those laws, regulations and policies, and to seek any=20
required local approvals for future uses. Buyers should also make=20
themselves aware of any Federal or State law or regulations that may=20
impact the future use of the properties. If the parcels lack access=20
from a public road or highway, they will be conveyed as such, and=20
future access acquisition will be the responsibility of the buyer.
    Public Comments: For a period until August 23, 2010, interested=20
parties and the general public may submit, in writing, any comments=20
concerning the parcels being considered for direct sale, including=20
notification of any encumbrances or other claims relating to the=20
parcels, to the BLM Roswell Field Office Field Manager at the above=20
address. In order to ensure consideration in the environmental analysis=20
of the proposed sale, comments must be in writing and postmarked or=20
delivered within 45 days of the initial date of publication of this=20
Notice. Comments, including names and street address of respondents,=20
will be available for public review at the BLM Roswell Field Office=20
during regular business hours. Individual respondents may request=20
confidentiality. Before including your address, phone number, e-mail=20
address, or other personal identifying information in your comment, you=20
should be aware that your entire comment--including your personal=20
identifying information--may be made publicly available at any time.=20
While you can ask us in your comment to withhold your personal=20
identifying information from public review, we cannot guarantee that we=20
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