[Federal Register Volume 59, Number 227 (Monday, November 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29125]


[Federal Register: November 28, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR
[NM-037-1430-01]


Sale of Public Land in Otero County, New Mexico

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) announces that the 
following described parcels of public land have been examined and 
identified as suitable for disposal by sale under Section 203 and 
Section 209(b) of the Federal Land Policy and Management Act (FLPMA) of 
1976 (90 Stat. 2740; 43 U.S.C. 1713) at no less than the appraised fair 
market value shown. The parcels are isolated, difficult and 
uneconomical to manage as part of the public land, and are not suitable 
for management by another Federal department or agency. Mineral estate 
will be conveyed simultaneously with each parcel. The sale is 
consistent with the BLM's planning efforts, and the public interest 
will be served by offering this land for sale.

Sale Method

    Parcels 2 and 5 will be offered for sale using competitive bidding 
procedures (43 CFR 2711.3-1). Parcels 1, 3, 4, 6, 7, 8, and 9 will be 
offered to the listed parties through direct sale procedures not less 
than 60 days from publication of this notice (43 CFR 2711.3-3).

                                                                   Parcel Information                                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Legal Description, NMPM                                                                           
            Parcel No.              Serial NM ---------------------------------------    Lot      Acreage   Appraised            Method of sale         
                                        NM        Twnshp.        Range      Section                           value                                     
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.................................      92996  15 S.,        10 E.,               34          1      00.58     $1,120  Direct sale to William Danley.   
2.................................      93533  15 S.,        10 E.,               34          2      39.50     77,220  Competitive sale.                
3.................................      91682  15 S.,        10 E.,               34          3      00.31        620  Direct sale to C. J. Dugan.      
4.................................      91682  15 S.,        10 E.,               34          4      00.83      1,660  Direct sale to C. J. Dugan.      
5.................................      93534  15 S.,        10 E.,               34          5      37.85     88,600  Competitive sale.                
6.................................      92991  15 S.,        10 E.,               34          6      00.44        250  Direct sale to Fred L. Tidwell.  
7.................................      91635  15 S.,        10 E.,               34          7      01.06      1,650  Direct sale to Synergy Gas Corp. 
8.................................      92992  15 S.,        10 E.,               34          8      00.09        150  Direct sale to S. W. Atkins.     
9.................................      92993  15 S.,        10 E.,               34          9      00.06        120  Direct sale to Alexander Moulding
                                                                                                                        Mill Co., NM.                   
--------------------------------------------------------------------------------------------------------------------------------------------------------

Sales Procedures

    The sale of parcels 2 and 5 will be by competitive sealed bids 
followed by oral bidding. Sealed bids will be considered only if 
received in the Caballo Resource Area, 1800 Marquess, Las Cruces, New 
Mexico, 88005 before 10:00 a.m. on January 30, 1995, the day of the 
sale. Oral bids will be accepted commencing at 10:30 a.m., following 
the opening of all sealed bids, at the same place on the same sale 
date. Sealed bids of less than the appraised fair market value will be 
rejected. The apparent highest qualified sealed bid will be publicly 
declared by the Authorized Officer. The apparent highest qualified 
sealed bid will then become the starting point for the oral bidding. If 
no apparent qualified sealed bids are received, the oral bidding will 
start at the appraised fair market value. In the absence of oral bids, 
the apparent highest qualified sealed bid will establish the sale price 
for the parcel. In the event that two or more sealed bids are received 
containing valid bids of the same amount for the same parcel, and no 
higher oral bid is received for that parcel, the determination of which 
is to be considered the highest designated bid will be by supplemental 
bidding. In such a case, the high bidders will be allowed to submit 
oral or sealed bids as designated by the Authorized Officer. After oral 
bids are received, the highest qualifying bid, whether sealed or oral, 
shall be declared by the Authorized Officer.
    All bidders must be 18 years of age or older and United States 
citizens, and corporations must be subject to the laws of any state or 
of the United States. Apparent high bidders must submit proof of these 
requirements within 15 days after the sale date. Bids must be made by 
the principal or his duly qualified agent. Each sealed bid must be 
written or typed and accompanied by postal money order, bank draft, or 
cashier's check made payable to the Department of the Interior, Bureau 
of Land Management, for not less than 10 percent or more than 30 
percent of the amount of the bid. The sealed bid envelope containing 
the bid and the required amount must be marked in the lower left-hand 
corner as follows:

Public Sale Bid Parcel No.---------------------------------------------
Serial No.-------------------------------------------------------------
Sale Held (Date)-------------------------------------------------------

    Each successful oral bidder will be required to pay not less than 
20 percent of the amount of the bid immediately following the sale. 
Payment must be by cash, personal check, bank draft, money order, or 
any combination of these.
    Successful bidders, whether such bid is oral or sealed, will be 
required to pay the remainder of the sale price prior to expiration of 
180 days from the date of the sale. In addition, the successful bidders 
for the lots offered by competitive sale will be required to submit a 
$50.00 filing fee and application to purchase the mineral interests. 
Failure to submit the full sale price within the above specified time 
limit will result in cancellation of the sale of the specific parcel, 
and the deposit will be forfeited and disposed as other receipts of 
sale.
    All sealed bids will be either returned, accepted, or rejected 
within 30 days of the sale date. Competitive sale parcels not sold on 
the day of the sale will be reoffered for sale every first Tuesday of 
each month, same time and place, by the same sale procedures described 
above until sold or until April 28, 1995, at close of business.
    On parcels 1, 3, 4, 6, 7, 8, and 9: should any of the listed 
parties decline to purchase an offered parcel within the time allotted, 
the unsold parcel will then be reoffered by open competitive bidding 
procedures described above, every first Tuesday of each month, same 
time and place, until sold or until April 28, 1995, at the close of 
business.
    In the event that the Authorized Officer rejects the highest 
qualified bid for any of the above parcels, or releases the bidder from 
it, the Authorized Officer shall determine whether the public land 
shall be withdrawn from the market or reoffered.

Terms and Conditions

    Terms and conditions applicable to the sale are:
    1. The patents, when and if issued, will contain a reservation to 
the United States for ditches and canals.
    2. On parcels 1 and 2 the land will be subject to a 30-foot 
easement on the north end of the parcel.
    3. On parcels 5, 6, 7, and 8, land will be subject to the highway 
right-of-way.
    4. Parcel 5 is subject to ROW NMLC066065 for Plains Electric.
    5. On Parcel 5, the land will be subject to a 15-foot easement on 
the south end of the parcel.

DATES: For a period of 45 days, interested parties may submit comments 
regarding the proposed action to the Caballo Resource Area Manager by 
January 12, 1995.

ADDRESSES: Comments should be sent to the Bureau of Land Management, 
Caballo Resource Area, 1800 Marquess, Las Cruces, New Mexico, 88005.

FOR FURTHER INFORMATION: Additional information concerning the land, 
terms and conditions of sale, and bidding instructions may be obtained 
from the Caballo Resource Area Office at the above address. Telephone 
calls may be directed to Bernie Creager (505) 525-4325 or Lorraine 
Salas (505) 525-4388.

SUPPLEMENTARY INFORMATION: Comments must reference specific parcel 
numbers. Adverse comments received on specific parcels will not affect 
the sale of any other parcel. Objections will be reviewed by the State 
Director who may sustain, vacate or modify this realty action. In the 
absence of any objections, this realty action will become the final 
determination of the Department of the Interior.
    Upon publication in the Federal Register, the lands described above 
will be segregated from appropriation under the public land laws, 
including the mining laws. The segregative effect of this Notice of 
Realty Action shall terminate upon issuance of patent or other document 
of conveyance to such land, upon publication in the Federal Register of 
a termination of the segregation or 270 days from the date of 
publication, whichever occurs first.
    The BLM may accept or reject any offer to purchase or withdraw any 
tract from sale if the Authorized Officer determines that consummation 
of the sale would not be fully consistent with the FLPMA or another 
applicable law.

    Dated: November 14, 1994.
Richard T. Watts,
Acting District Manager.
[FR Doc. 94-29125 Filed 11-25-94; 8:45 am]
BILLING CODE 4310-FB-M