[Federal Register Volume 71, Number 33 (Friday, February 17, 2006)]
[Notices]
[Pages 8611-8613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2294]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NM-030-1430-EU; NMNM-107572]


Competitive Sale of Public Land in Dona Ana County, New Mexico

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

ACTION: Notice.

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SUMMARY: The following public land known as the Berino Tract in Dona 
Ana County, New Mexico, has been examined and found suitable for 
competitive sale under Sections 203 and 209 of the Federal Land Policy 
and Management Act (FLPMA) of 1976 (90 Stat. 2750, 43 U.S.C. 1713 and 
1719), and the Federal Land Transaction Facilitation Act of July 25, 
2000 (Pub. L. 106-248).

New Mexico Principal Meridian

T. 25 S., R. 3 E.,
    Section 34, Lots 6 to 8, lots 13 to 15, SW\1/4\SE\1/4\, N\1/
2\SW\1/4\, SE\1/4\SW\1/4\, E\1/2\SW\1/4\SW\1/4\.
T. 26 S., R. 3 E.,
    Section 3, N\1/2\NE\1/4\.

    Containing 396.34 acres more or less.


DATES: Comments on Proposed Competitive Sale: Comments regarding the 
proposed competitive sale must be received by BLM not later than April 
3, 2006.
    Sale Date: The competitive sale will be held at the BLM, Las Cruces 
District Office, 1800 Marquess, Las Cruces, New Mexico, at 10 a.m., 
m.s.t. on April 18, 2006.
    Sealed Bids: Sealed bids must be received by BLM not later than 
4:30 p.m., m.s.t. April 18, 2006. Sale Bid Forms will be provided to 
all prospective bidders prior to the sale. The forms are available at 
the BLM, Las Cruces District Office, 1800 Marquess, Las Cruces, New 
Mexico 88005 or by calling (505) 252-4300. The forms should be included 
in a sealed envelope, and the envelope must be marked on the lower left 
corner with the sale date and the BLM serial number ``NM-107572''.
    All oral bidders are required to register. Registration will be 
held at BLM, Las Cruces District 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.

ADDRESSES: BLM, Las Cruces District 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 
BLM, Las Cruces District 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 or by calling (505) 525-4376.

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 April 18, 2006.
    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 fair market value (FMV) for the parcel. The 
appraised market value of the subject property is $879,000 (eight 
hundred and seventy-nine 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 February 17, 2006, 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 the patent, upon publication in the Federal 
Register of a termination of the segregation, or 270 days from the date 
of publication, whichever occurs first.

[[Page 8612]]

    Terms and Conditions of Sale: The terms and conditions applicable 
to this sale are as follows:
    1. Federal law requires all bidders must be United States citizens 
and 18 years of age or older; or
    (a) A corporation subject to the laws of any State or of the United 
States;
    (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. Certification of 
Qualifications Forms are available at the BLM, Las Cruces District 
Office, 1800 Marquess, Las Cruces, New Mexico 88005 or by calling (505) 
525-4300.
    2. Sealed bids shall be considered only if received at the BLM Las 
Cruces District Office, 1800 Marquess, Las Cruces, New Mexico by not 
later than 4:30 p.m., m.s.t. April 18, 2006. 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 FMV.
    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 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 FMV for 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 land for 
public uses. No warranty of any kind shall be given or implied by the 
United States as to the potential uses of the land 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 pursuant to the Act of August 30, 
1890 (26 Stat. 391; 43 U.S.C. 945).
    5. The United States reserves a right-of-way, NMNM-83962, issued 
July 23, 1992 without expiration, issued to the New Mexico State 
Highway Department and Transportation Department for the construction 
and maintenance of a frontage road west of and parallel to Interstate-
10.
    6. The United States reserves three rights-of-way issued to the 
Federal Aid Highways under the Act of August 27, 1958, as amended, (23 
U.S.C. 317) (1964) as having been granted by rights-of-way numbers: 
NMNM-0016686, NMNM-0088421, and NMNM-00184144.
    7. The United States reserves a right-of-way, NMNM-114841, issued 
pursuant to the Act of October 21, 1976, (43 U.S.C. 1761); located in 
the S\1/2\S\1/2\S\1/2\ of Section 34, T. 25 S., R. 3 E., NMPM. The 
right-of-way has been issued to the United States of America, 
administered through the BLM, or its assigns, will have a right to 
construct, use, control, maintain and to improve a roadway or trail for 
the purpose of accessing 20 acres identified for retention, located in 
the W\1/2\SW\1/4\SW\1/4\ of Section 34, T 25 S. R 3 E., NMPM.
    8. The parcel is subject to valid existing rights-of-way and 
easements.
    9. The parcel is subject to those rights for a 69 Kv power 
transmission line granted to El Paso Electric Company, 2.861 miles in 
length by 40 feet wide, by right-of-way grant NMLC-0042017 on December 
1, 1930, pursuant to the Act of March 4, 1911, (36 Stat., 1235, 1253); 
43 U.S.C. 961) as amended and converted to the Act of October 21, 1976, 
(43 U.S.C. 1761) as to lot 7 and 14, NE\1/4\SW\1/4\ and SW\1/4\SE\1/4\ 
of Section 34, T. 25 S., R. 3 E., and N\1/2\NE\1/4\ of Section 3, T. 26 
S., R. 3 E., NMPM.
    10. The parcel is subject to those rights for an underground fiber 
optic cable granted to Qwest Corporation, 2.9 miles in length by 10 
feet wide, by right-of-way NMNM-069990 issued on February 26, 1993, 
pursuant to the Act of October 21, 1976, (43 U.S.C. 1761) as to the 
NE\1/4\NE\1/4\ Section 3, T. 26 S., R. 3 E. NMPM New Mexico.
    11. The parcel is subject to those rights for an overhead power 
transmission line granted to El Paso Electric Company, 2.58 miles in 
length by 40 feet wide, by right-of-way grant NMNM-30519 on November 9, 
1977, pursuant to the Act of October 21, 1976, (43 U.S.C. 1761) as to 
SE\1/4\NW\1/4\, NE\1/4\SW\1/4\, W\1/2\SE\1/4\, Section 34, T. 25 S., R. 
3 E., and N\1/2\NE\1/4\, Section 3, T. 26 S., R. 3 E., NMPM.
    12. The parcel is subject to those rights for an electrical 
transmission power line granted to El Paso Electric Company, 2.916 
miles in length by 25 feet wide, by right-of-way grant NMNM-0029817 
issued on December 3, 1956, pursuant to the Act of March 4, 1911, (36 
Stat., 1235, 1253), as to lot 13 Section 34, T. 25 S., R. 3 E., NMPM.

Public Comments

    Interested parties may submit written comments regarding the 
proposed sale to the District Manager, BLM, Las Cruces District Office 
not later than April 3, 2006. Any adverse comments

[[Page 8613]]

will be reviewed by the BLM Las Cruces District Manager, who may 
sustain, vacate, or modify this action in whole or in part. In the 
absence of any adverse comments, this action 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 laws. BLM 
will not accept anonymous comments.
    Detailed information concerning the sale, including the 
restrictions, reservations, sale procedures and conditions, and 
planning and environmental documents is available for review at the 
BLM, Las Cruces District Office or by calling (505) 525-4300.

    Dated: December 23, 2005.
Edwin L. Roberson,
District Manager, Las Cruces.
 [FR Doc. E6-2294 Filed 2-16-06; 8:45 am]
BILLING CODE 4310-VC-P