[Federal Register Volume 72, Number 58 (Tuesday, March 27, 2007)]
[Notices]
[Pages 14292-14293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5540]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NM-070-1430-EU; NMNM-115589]


Notice of Realty Action: Non-Competitive (direct) Sale of Public 
Lands in San Juan County, New Mexico

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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

SUMMARY: The following described public lands, comprising approximately 
80 acres in San Juan County, New Mexico have been examined and found 
suitable for direct sale to City of Bloomfield, at not less than the 
appraised value of $2,200,000.00, for use as an industrial park. The 
authority for the sale is Section 203(f)(2) of the Federal Land Policy 
and Management Act of 1976, as amended, 43 U.S.C. 1701 et seq. (FLPMA), 
and CFR 2711.3-3(a), and will take place according to the procedures 
governing direct sales of public land.

DATES: On or before May 11, 2007, interested parties may submit 
comments concerning the proposed sale to Bureau of Land Management, 
Farmington Field Office at the address stated below.

ADDRESSES: Information related to this action, including the 
environmental assessment, is available for review at the Bureau of Land 
Management (BLM), Farmington Field Office, 1235 La Plata Highway, Suite 
A, Farmington, New Mexico 87401, from 7:45 a.m. to 4:30 p.m. Monday 
through Friday.

FOR FURTHER INFORMATION CONTACT: Albert Gonzales, Realty Specialist at 
(505) 599-6334.

SUPPLEMENTARY INFORMATION: The parcel of land, consisting of 80 acres 
situated in San Juan County within the Bloomfield city limits, is being 
offered on a non-competitive (direct) sale basis to the City of 
Bloomfield, in accordance with Section 203(f)(2) of 6 (FLPMA) and 43 
CFR 2711.3-3(a), for use as an industrial park. The BLM Farmington 
District Manager has determined that a non-competitive (direct) sale 
will be in the best interest of the public to facilitate growth and 
business opportunities for City of Bloomfield. FLPMA authorizes the use 
of direct

[[Page 14293]]

sales of the public lands in circumstances where that tract has been 
identified for transfer to a State or local government as an integral 
part of the project and speculative bidding would jeopardize a timely 
completion and economic viability of the project. Here, BLM proposes to 
convey the identified tract to a local government as an integral part 
of such a project. The parcel is being offered for sale at no less than 
the appraised fair market value (FMV) of $2,200,000.00, as determined 
by the authorized officer after appraisal. An appraisal report has been 
prepared by a state certified appraiser for the purposes of 
establishing FMV.

New Mexico Principle Meridian, New Mexico

T. 29 N., R. 11 W.
    Sec. 3, S\1/2\SW\1/4\.

    The area described contains 80 acres in San Juan County.

    This land is not required for any Federal purposes. The proposed 
action is in compliance with the BLM Farmington Resource Management 
Plan that was approved September 2003. The sale is consistent with 
current Bureau planning for this area, and would be in the public 
interest. The conveyance will include the surface interests only. The 
patent, when issued, will contain the following reservations, 
covenants, terms, and conditions:
    1. The parcel will be conveyed with a reservation of a right-of-way 
to the United States for ditches and canals constructed by the 
authority of the United States under the Act of August 30, 1890 (43 
U.S.C. 945).
    2. The parcel will be conveyed subject to valid existing rights, 
including, but not limited to rights-of-ways. The parcel may be subject 
to applications for rights-of-way received prior to the publication of 
this Notice if processing the application would not adversely affect 
the marketability or appraised value of the parcel proposed for sale.
    3. All minerals are reserved to the United States, together with 
the right to prospect for, mine and remove the minerals owned by the 
United States under applicable laws and any regulations that the 
Secretary of Interior may prescribe, including all necessary access and 
exit rights.
    4. The patentee, by accepting a patent, covenants and agrees to 
indemnify, defend, and hold the United States harmless from any costs, 
damages, claims, causes of action, penalties, fines, liabilities, and 
judgments of any kind or nature arising from the past, present, and 
future acts or omissions of the patentees or their employees, agents, 
contractors, or lessees, or any third-party, arising out of or in 
connection with the patentees use, occupancy, or operations on the 
patented real property. This indemnification and hold harmless 
agreement includes, but is not limited to, acts and omissions of the 
patentees and their employees, agents, contractors, or lessees, or any 
third party, arising out of or in connection with the use and/or 
occupancy of the patented real property which has already resulted or 
does hereafter result in: (1) Violations of Federal, state, and local 
laws and regulations that are now or may in the future become, 
applicable to the real property; (2) Judgments, claims, or demands of 
any kind assessed against the United States; (3) Costs, expenses, or 
damages of any kind incurred by the United States; (4) Releases or 
threatened releases of solid or hazardous waste(s) and/or hazardous 
substances(s), as defined by Federal or state environmental laws, off, 
on, into or under land, property and other interests of the United 
States; (5) Activities by which solids or hazardous substances or 
wastes, as defined by Federal and state environmental laws are 
generated, released, stored, used or otherwise disposed of on the 
patented real property, and any cleanup response, remedial action or 
other actions related in any manner to said solid or hazardous 
substances or wastes; or (6) Natural resource damages as defined by 
Federal and state law. Patentee shall stipulate that it will be solely 
responsible for compliance with all applicable Federal, state and local 
environmental and regulatory provisions, throughout the life of the 
facility, including any closure and/or post-closure requirements that 
may be imposed with respect to any physical plant and/or facility upon 
the real property under any Federal, state or local environmental laws 
or regulatory provisions. This covenant shall be construed as running 
with the above described parcel of land patented or otherwise conveyed 
by the United States, and may be enforced by the United States in a 
court of competent jurisdiction.
    No warranty of any kind, express or implied is given or will be 
given by the United States as to the title, physical condition or 
potential uses of the land proposed for sale. However, to the extent 
required by law, such land is subject to the requirements of section 
120(h) of the Comprehensive Environmental Response Compensation and 
Liability Act (CERCLA), as amended (42 U.S.C. 9620(h)).
    The publication of this Notice in the Federal Register shall 
segregate the public lands covered by this Notice to the extent that 
they will not be subject to appropriation under the public land laws, 
including the mining laws. Any subsequent application, shall not be 
accepted, shall not be considered as filed, and shall be returned to 
the applicant, if the Notice segregates the lands from the use applied 
for in the application. The segregative effect of this Notice will 
terminate upon issuance of a patent or other document of conveyance for 
such lands, upon publication in the Federal Register of a termination 
of the segregation, or March 27, 2009, whichever occurs first, unless 
extended by the BLM State Director in accordance with 43 CFR 2611.1-
2(d), prior to the termination date. Interested parties may submit 
comments to the District Manager, BLM Farmington Field Office, 1235 La 
Plata Highway, Suite A, Farmington, New Mexico 87401 until 45 days 
after the date of publication of this notice in the Federal Register. 
Any adverse comments will be reviewed by the BLM State Director who may 
sustain, vacate, or modify this realty action. Before including your 
address, phone number, e-mail 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. In the absence of any 
adverse comments, this realty action will become the final 
determination of the Department of the Interior. The Bureau of Land 
Management may accept or reject any or all offers, or withdraw any land 
or interest in the land 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. The lands will not be offered for sale 
until at least 60 days after the date of publication of this notice in 
the Federal Register.

    Authority: 43 CFR 2711.1-2(c).

    Dated: February 22, 2007.
Joel Farrell,
Assistant Field Manager, Farmington, New Mexico.
[FR Doc. E7-5540 Filed 3-26-07; 8:45 am]
BILLING CODE 4310-FB-P