[Federal Register Volume 69, Number 126 (Thursday, July 1, 2004)]
[Notices]
[Pages 39955-39957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14884]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NM-030-1430-EU; NMNM-108795]


North Fork Forty Competitive Sale of Public Land in Dona Ana 
County, NM.

AGENCY: Bureau of Land Management (BLM), Interior.

ACTION: Notice.

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SUMMARY: The following public land in Dona Ana County, New Mexico, has 
been found suitable for competitive sale under Section 203 and 209 of 
the Federal Land Policy and Management Act (FLPMA) of 1976 (43 U.S.C. 
1713 and 1719), at not less than the appraised fair market value (FMV).

New Mexico Principal Meridian

T. 23 S., R. 2 E.,
    Section 3, Lot 3.

    Containing 39.47 ``gross'' acres more or less and approximately 
34.13 ``net usable'' acres (5.34 acres are within 100-year flood 
zone).

DATES: 

Comments on Proposed Competitive Sale

    Comments regarding the proposed competitive sale must be received 
by BLM on or before August 16, 2004.

[[Page 39956]]

Sale Date

    The competitive sale will be held at the Bureau of Land Management, 
Las Cruces Field Office, 1800 Marquess, Las Cruces, New Mexico, at 10 
a.m., m.s.t. on August 30, 2004.

Sealed Bids

    Sealed bids must be received by BLM no later than 4:30 p.m., m.s.t. 
August 30, 2004. Sale Bid Forms with envelopes will be provided to all 
prospective bidders prior to the sale. The forms are available at the 
BLM, Las Cruces Field Office, 1800 Marquess, Las Cruces, NM 88005 or by 
calling (505) 525-4300. All oral bidders are required to register. 
Registration will be held at the BLM, Las Cruces Field Office, 1800 
Marquess, Las Cruces, New Mexico beginning at 8 a.m. m.s.t. on the day 
of the sale and will end at 10 a.m., m.s.t.
    Other deadline dates for receipt of payments, are specified in the 
proposed terms and conditions of sale, as stated herein.

ADDRESSES: Bureau of Land Management, Las Cruces Field Office, 1800 
Marquess, Las Cruces, New Mexico 88005.
    Comments regarding the proposed sale, as well as sealed bids should 
be submitted to the above address. The Sale Bid and Certification of 
Qualification forms will be available prior to the sale date at the Las 
Cruces Field Office or by calling (505) 525-4300. More detailed 
information regarding the proposed sale and the land involved may be 
reviewed during normal business hours (7:45 a.m., to 4:30 p.m.) at 1800 
Marquess.

FOR FURTHER INFORMATION CONTACT: Angel Mayes, Realty Specialist at the 
address above; by calling (505) 525-4376; or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: The land has been authorized and designated 
for disposal in the Mimbres Resource Management Plan, dated December 
1993, and the public interest will be served by offering this land for 
sale. The land is hereby classified for disposal in accordance with 
Executive Order No. 6910, and with Section 7 of the Taylor Grazing Act, 
43 U.S.C. 315F. The proposed land will be put up for sale by 
competitive auction on August 30, 2004.
    The auction will be held in accordance with the applicable 
provisions of Section 203 and 209 of FLPMA (43 U.S.C. 1713 and 1719), 
respectively, and its implementing regulations, 43 CFR Part 2710 and 
2711, at not less than the appraised EMV for the parcel. The appraised 
EMV of the subject property is $850,000 (eight hundred and fifty 
thousand dollars and no cents).
    The purpose of this sale is to dispose of a tract of land that 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. The sale 
of this land 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 sale does not 
affect a grazing allotment. No significant resource values will be 
affected by this transfer.
    The locatable, salable, and leasable mineral rights will be 
conveyed simultaneously with the surface estate. The disposal would not 
generate any adverse energy impacts or limit energy production and 
distribution (Executive Order 13212). It has been determined that the 
subject parcel contains no mineral value. Acceptance of a sale offer 
will constitute an application for conveyance of these mineral 
interests. In conjunction with the final payment, the applicant will be 
required to pay a $50.00 non-refundable filing fee for processing the 
conveyance of the mineral interests when remitting final payment for 
the parcel.
    On July 1, 2004, the above described land will be segregated from 
all other forms of appropriation under the public land laws, including 
the general mining laws and leasing under the mineral leasing laws. 
Upon publication of this notice and until completion of the sale, the 
BLM will no longer accept land use applications affecting the parcel 
identified for sale. The segregative effect of this notice shall 
terminate upon issuance of patent, upon publication in the Federal 
Register of a termination of the segregation or 270 days from the date 
of publication, whichever occurs first.

Terms and Conditions of Sale

    The terms and conditions applicable to this sale are as follows:
    1. Federal law requires that all bidders must be a United States 
citizens, 18 years of age or older; or
    (a) A corporation subject to the laws of any State or of the United 
States, or
    (b) A State, State instrumentality, or political subdivision 
authorized to hold property; or
    (c) An entity legally capable of conveying and holding lands or 
interests therein under the laws of the State of New Mexico.
    Certification of qualifications, including citizenship, corporation 
or partnership, must accompany the bid deposit. Bids must be made by 
the principal or his duly qualified agent. Certifications of 
Qualifications Forms are available at the BLM, Las Cruces Field Office, 
1800 Marquess, Las Cruces, NM 88005 or by calling (505) 525-4300.
    2. Sealed bids shall be considered only if received at the BLM Las 
Cruces Field Office, 1800 Marquess, Las Cruces, New Mexico no later 
than 4:30 p.m., m.s.t. on August 30, 2004.
    Each sealed bid shall be enclosed in a sealed envelope, and include 
a completed sealed bid form, accompanied by a certified check, 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 bid amount. Sealed bids of 
less than the appraised FMV will be rejected. The highest qualified 
sealed bid received shall be publicly declared and will become the 
starting point for the oral auction. In the event that two or more 
sealed bids are received containing valid bids of the same amount, the 
determination of which is to be considered the highest designated bid 
will be by supplemental oral bidding. If no sealed bids are received, 
oral bidding will begin at the appraised EMV.
    The highest qualifying bid for the parcel, whether sealed or oral, 
will be declared the high bid. The high bidder, if an oral bidder, must 
submit the full deposit amount (not less than 20 percent of the amount 
of the successful bid) by 4:30 p.m. m.s.t. on the day of the sale in 
the form of cash, personal check, bank draft, cashier's check, money 
order or any combination thereof, made payable to the Department of the 
Interior, Bureau of Land Management. Should the high bidder default, 
the next high bidder for the parcel will be declared the high bidder.
    The successful bidder, whether sealed or oral, shall submit the 
remainder of the full bid price prior to the expiration of 180 days 
from the date of the sale in the form of cash, personal check, bank 
draft, cashier's check, money order or any combination thereof, made 
payable to the Department of the Interior, Bureau of Land Management. 
Failure to submit the full bid price prior to, but not including the 
180th day following the day of the sale, shall result in cancellation 
of the sale and the deposit shall be forfeited.
    3. The BLM may accept or reject any or all offers, or withdraw any 
parcel of land or interest therein from sale, if, in the opinion of the 
authorized officer, consummation of the sale would not be fully 
consistent with FLPMA or other

[[Page 39957]]

applicable laws. If not sold, the parcel may be identified for sale at 
a later date without further legal notice.
    In order to establish the EMV of the subject public land through 
appraisal, certain assumptions have been made of the attitudes and 
limitations of the land and potential effects of local regulations and 
policies on potential future land uses.
    Through publication of this notice, BLM gives notice that these 
assumptions may not be endorsed or approved by units of local 
government. It is the buyer's responsibility to be aware of all 
applicable local government policies, laws, and regulations that would 
affect the subject land, including any required dedication of lands for 
public uses.
    No warranty of any kind shall be given or implied by the United 
States as to the potential uses of the lands offered for sale. 
Furthermore, conveyance of the subject land will not be on a 
contingency basis. It is also the buyer's responsibility to be aware of 
existing or projected use of neighboring and nearby properties. When 
conveyed out of Federal ownership, the land will be subject to any 
applicable reviews and approvals by the respective unit of local 
government for proposed future uses, and any such reviews and approvals 
would be the responsibility of the buyer.
    4. A right-of-way is reserved for ditches and canals constructed by 
the authority of the United States, under the Act of August 30, 1890 
(26 Stat. 391; 43 U.S.C. 945).
    5. The parcel is subject to valid existing rights-of-way and 
easements.
    6. The parcel is subject to those rights for a 115Kv power 
transmission line granted to El Paso Electric company, 8.5 miles in 
length by 50 feet wide, by right-of-way grant NMNM-0554552 on December 
4, 1964, pursuant to the Act of March 4, 1911 (43 U.S.C. 961), 
converted on October 2003 to the Act of October 21, 1976, (43 U.S.C. 
1761) as to lot 3, sec. 3, T. 23 S., R. 2 E.
    7. The parcel is subject to those rights for a road and utility 
rights-of-way granted to the City of Las Cruces by right-of-way grant 
NMNM-104094 on January 24, 2001, pursuant to the Act of October 21, 
1976, (43 U.S.C. 1761), as to lot 3, Section 3, T. 23 S., R. 2 E.
    8. Pursuant to the authority contained in Section 3(d) of Executive 
Order 11988 of May 24, 1977 and Section 203 of FLPMA of 1976 (90 Stat. 
2740; 43 U.S.C. 1713 and 1719), this patent is subject to a restriction 
which constitutes a covenant running with the land, whereby, that 
portion of the land located within the 100-year flood event, may not be 
used for buildings, dwellings or structures for human habitation, 
public service installations needing high protection; permanent 
memorial cemeteries; and similar type use and structures. Further, uses 
of this area will be limited to uses consistent with nature reserves, 
parks, and open space. Public access will be unrestricted on the 
Federal parcel which is subject to a 100-year flood event described as 
a 5.34 acre tract:
    A tract of land situated northeast of the City of Las Cruces, Dona 
Ana County, New Mexico, located in Section 3, T. 23 S., R. 2 E., NMPM, 
of the U.S.G.L.O. Surveys, and being more particularly described as 
follows, to wit:
    Beginning at the most Northeast corner of tract, from which quarter 
section corner of sections 3 and 34 bears North (N).0[deg]47' East 
(E)., 638.84 feet;
    Thence, South (S) 0[deg]47'00'' West (W), a distance of 367.80 feet 
to an angle point;
    Thence, S.45[deg]52'03'' W., a distance of 32.49 feet to an angle 
point;
    Thence, S.32[deg]09'48'' W., a distance of 162.74 feet to an angle 
point;
    Thence, S.63[deg]08'47'' W., a distance of 206.85 feet to an angle 
point;
    Thence, S.44[deg]54'24'' W., a distance of 77.06 feet to an angle 
point;
    Thence, s.89[deg]55'10'' W., a distance of 376.21 feet to an angle 
point;
    Thence, N. 49[deg]52'57'' E., a distance of 158.49 feet to an angle 
point;
    Thence, N.20[deg]26'35'' E., a distance of 226.35 feet to an angle 
point;
    Thence, N.59[deg]39'04'' E., a distance of 203.95 feet to an angle 
point;
    Thence, N.53[deg]17'18'' E., a distance of 432.89 feet to an angle 
point;
    Thence, n.84[deg]29'10'' E., a distance of 6.82 feet to the point 
of beginning, enclosing 5.34 acres more or less.
    Subject to all easements and reservations of record. The 
description prepared by Scanlon White, Inc., License No. 9433.

Public Comments

    Interested parties may submit written comments regarding the 
proposed sale to the Field Manager, BLM, Las Cruces Field Office, on or 
before August 16, 2004. Any adverse comments will be reviewed by the 
BLM New Mexico State Director, who may sustain, vacate, or modify this 
notice in whole or in part. In the absence of any adverse comments, 
this notice will become the final determination of the Department of 
the Interior. Any comments received during this process, as well as the 
commenter's name and address, will be available to the public in the 
administrative record or pursuant to a Freedom of Information Act 
request. You may indicate for the record that you do not wish to have 
your name or address made available to the public. Any determination by 
the BLM to release or withhold the names or addresses of those who 
comment will be made on a case-by-case basis. A request from a 
commenter to have their name or address withheld from public release 
will be honored to the extent permissible by law. BLM will not accept 
anonymous comments.
    Detailed information concerning the sale, including the 
restrictions, reservations, sale procedures and conditions and planning 
and environmental documents are available for review at the BLM, Las 
Cruces Field Office or by calling (505) 525-4300.

    Dated: May 7, 2004.
Edwin L. Roberson,
Field Manager, Las Cruces.
[FR Doc. 04-14884 Filed 6-30-04; 8:45 am]
BILLING CODE 4310-VC-P