[Federal Register Volume 75, Number 175 (Friday, September 10, 2010)]
[Notices]
[Pages 55349-55351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22610]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNMF0100 L5874000.EU, LXSS041G0000; NMNM 121548]


Notice of Realty Action: Modified Competitive Sealed Bid Sale of 
Public Lands in Rio Arriba 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 offer, by 
modified competitive sealed bid sale, one parcel of land totaling 
approximately 160 acres in Lindrith, New Mexico. The sale parcel will 
be subject to the applicable provisions of the Federal Land Policy and 
Management Act of 1976. The land is not needed for any Federal purpose 
and would be sold for not less than Fair Market Value (FMV), currently 
appraised to be $96,000.

DATES: Comments regarding the proposed sale or the Environmental 
Assessment (EA) will be accepted until October 25, 2010. Sealed bids 
for the sale must be post-marked and received by the BLM no later than 
4:30 p.m., Mountain Standard Time (MST), on November 8, 2010 at the BLM 
Farmington Field Office.

ADDRESSES: Written comments and sealed bids should be mailed to the BLM 
Field Manager, Farmington Field Office, 1235 La Plata Highway, Suite A, 
Farmington, New Mexico 87401.

FOR FURTHER INFORMATION CONTACT: Albert Gonzales, e-mail: [email protected] or by phone at (505) 599-6334.

SUPPLEMENTARY INFORMATION: The following land is located northeast of 
Cuba in Lindrith, New Mexico, and is described as:

New Mexico Principal Meridian

T. 26 N., R. 2 W.,
    sec. 17, NE\1/4\.

    The area described contains 160 acres, more or less, in Rio 
Arriba County.

    The sale is in conformance with the BLM Farmington Resource 
Management Plan (RMP) approved on October 5, 1998. The BLM has 
determined that the proposed action conforms to the land use plan 
decision, LD-1, in the RMP.
    The use of the modified competitive sale method for this sale is 
consistent with 43 CFR 2711.3-2(a)(1)(i).
    To participate in this modified competitive sale, each bidder, 
including the designated bidders, must submit a $20,000 bid guarantee 
deposited by a certified check, postal money order, bank draft, or 
cashier's check made payable to the Bureau of Land Management. Sealed 
bids for this sale must be accompanied by a certified check, postal 
money order, bank draft, or cashier's check made payable to the Bureau 
of Land Management, in an amount not less than 20 percent of the total 
bid amount. The bid guarantee and sealed bid amounts may be submitted 
in one form of deposit but must be specified. Personal checks will not 
be accepted. Sealed bid envelopes must be clearly marked on the front 
lower left corner with ``SEALED BID BLM LAND SALE,'' November 9, 2010, 
and the identification number of the parcel ``BLM SERIAL NUMBER NM-
121548.'' The bid envelope must also contain the completed BLM 
Certificate of Eligibility form, stating the name, mailing address, and 
phone number of the entity/person making the bid.
    Sealed bids will be opened and recorded to determine the high 
bidder on November 9, 2010, at 10 a.m. MST, at the BLM Farmington Field 
Office. The highest qualifying bidder among the qualified bids received 
for the sale will be declared. This modified competitive sale allows 
the designated bidders the right to meet the high bid.
    The designated bidders or their authorized representative must be 
present at the bid opening on November 9, 2010 at 10 a.m. MST. Should 
the designated bidders appoint a representative for this sale, they 
must submit, in writing, a notarized document identifying the level of 
capacity given to their authorized representative. This document must 
be signed by both parties. The designated bidders or their authorized 
representative will have the opportunity to meet and accept the high 
bid as the purchase price of the parcel or to refuse that offer. Should 
the designated bidders or their authorized representative refuse the 
offer, the high bid received through sealed bid will be declared the 
successful bid in accordance with regulations at 43 CFR 2711.3-2(c). 
Acceptance or rejection of any offer to purchase the parcel will be in 
accordance with the procedures set forth in 43 CFR 2711.3-1 (f) and (g) 
of this subpart.
    All funds submitted with sealed bids will be returned to the 
unsuccessful bidders upon presentation of photo identification. The 
successful bidder may elect a refund of their $20,000 bid guarantee or 
apply the bid guarantee along with the required 20 percent bid deposit 
toward the purchase price. Failure to submit the bid deposit following 
a successful bid will result in forfeiture of the bid guarantee under 
43 CFR 2711.3-1(d).
    The successful bidder will be allowed 180 days from the date of the 
sale to submit the remainder of the full bid price in the form of a 
certified check, postal money order, bank draft, or cashier's check 
made payable to the Bureau of Land Management. Personal checks will not 
be accepted. Arrangements for electronic fund transfer to the BLM for 
the payment of the balance due on or before 180 days from the date of 
the sale, shall be made a minimum of 2 weeks prior to the payment date. 
Failure to submit the full bid price before the end of the 180th day

[[Page 55350]]

following the sale date will result in the forfeiture of the 20 percent 
bid deposit to the BLM in accordance with 43 CFR 2711.3-1(d). If there 
are no acceptable bids, the parcel may remain available for sale on a 
continuing basis in accordance with the competitive sale procedures 
described in 43 CFR 2711.3-1 without further legal notice. If the 
parcel is not sold, it may also be offered for sale in a future 
Internet auction. Internet auction procedures are available at http://www.auctionrp.com. If unsold through the Internet auction, the parcel 
may be offered for sale in the future without additional legal notice.
    Terms and Conditions: All minerals will be reserved to the United 
States. The conveyance document issued would contain the following 
numbered reservations, covenants, terms, and conditions:
    1. Discretionary leasable and saleable mineral deposits on the 
land, if any, are reserved to the United States, its permittees, 
licensees, and lessees together with the right to prospect for, mine, 
and remove such minerals under applicable law and any regulations that 
the Secretary of the Interior may prescribe, together with all 
necessary access and exit rights;
    2. A right-of-way thereon for ditches and canals constructed by 
authority of the United States pursuant to the Act of August 30, 1890 
(26 Stat. 391; 43 U.S.C. 945);
    3. The parcel is subject to valid existing rights. The parcel may 
also be subject to land-use applications received prior to publication 
of this notice if processing the application would have no adverse 
effect on the marketability of the title, or the federally approved 
FMV, of the parcel. Encumbrances of record, appearing in the BLM public 
files for the parcels proposed for sale, are available for review 
during business hours, 7:45 a.m. to 4:30 p.m. MST, Monday through 
Friday, at the BLM Farmington Field Office, except during federally 
recognized holidays. Subject to limitations prescribed by law and 
regulation, prior to patent issuance, a holder of any right-of-way 
within the parcel may be given the opportunity to amend the right-of-
way for conversion to a new term, including one that would last in 
perpetuity, if applicable, or to an easement.
    4. By accepting this patent, the patentee 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, its 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, its employees, agents, 
contractors, or lessees, or third parties arising out of or in 
connection with the use and/or occupancy of the patented real property 
resulting in: (a) Violations of Federal, State, and local laws and 
regulations applicable to the real property; (b) judgments, claims or 
demands of any kind assessed against the United States; (c) costs, 
expenses, damages of any kind incurred by the United States; (d) other 
releases or threatened releases on, into or under land, property and 
other interests of the United States by solid or hazardous waste(s) 
and/or hazardous substances(s), as defined by Federal or State 
environmental laws; (e) Other activities by which solid or hazardous 
substances or wastes, as defined by Federal and State environmental 
laws were 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 (f) Natural resource damages as defined by 
Federal and State law. This covenant shall be construed as running with 
the patented real property, and may be enforced by the United States in 
a court of competent jurisdiction; and
    5. Pursuant to the requirements established by Section 120(h) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act, 42 U.S.C. 9620(h) (CERCLA), as amended by the Superfund Amendments 
and Reauthorization Act of 1988 (100 Stat. 1670), notice is hereby 
given that the above-described land has been examined and no evidence 
was found to indicate that any hazardous substances have been stored 
for 1 year or more, nor have any hazardous substances been disposed of 
or released on the subject property.
    The parcel is subject to reservations for roads, public utilities, 
and flood control purposes in accordance with the local governing 
entities' transportation plans. No warranty of any kind, express or 
implied, is given by the United States as to title, whether, or to what 
extent, the land may be developed, its physical condition, future uses, 
or any other circumstance or condition. The conveyance of the parcel 
will not be on a contingency basis.
    On publication of this notice and until completion of the sale, the 
BLM is no longer accepting land use applications affecting the 
identified land, except applications for the amendment of previously 
filed right-of-way applications or existing authorizations to increase 
the term of the grant in accordance with 43 CFR 2807.15 and 2886.15. 
Land use applications may be considered after completion of the sale 
process for this parcel if the parcel is not sold.
    The BLM will notify valid existing right-of-way holders of their 
ability to convert their compliant rights-of-way to perpetual rights-
of-way or easements. Each valid holder will be notified, in writing, of 
their rights and then must apply for the conversion of their current 
authorization before the patent is issued.
    Federal law requires that all bidders must be United States 
citizens 18 years old or older, or in the case of corporations, be 
subject to the laws of any State of the United States. Proof of these 
requirements must accompany the bid. Unless other satisfactory 
arrangements are approved in advance by the BLM authorized officer, 
conveyance of title shall be through the use of escrow. Designation of 
the escrow agent shall be through mutual agreement between the BLM and 
the prospective patentee, and costs of escrow shall be borne by the 
prospective patentee.
    Requests for all escrow instructions must be received by the BLM 
Farmington Field Office prior to 30 days before the bidder's scheduled 
closing date. There are no exceptions.
    Within 30 days of the sale, the BLM will, in writing, either accept 
or reject all bids received. Pursuant to 43 CFR 2711.3-1, a bid is the 
bidder's offer to the BLM to purchase the parcel. No contractual or 
other rights against the United States may accrue until the BLM 
officially accepts the offer to purchase, and the full bid price is 
submitted by the 180th day following the sale.
    To change the name on the bidder statement, high bidders must 
notify the BLM Farmington Field Office, in writing, and submit a new 
bidder statement, which is available at the BLM Farmington Field 
Office, and must be completed by the intended patentee.
    The BLM will not sign any documents related to any Internal Revenue 
Service (IRS) 1031 exchange transactions. The timing for completion of 
any IRS Section 1031 exchange is the bidder's responsibility in 
accordance with IRS regulations. The BLM will not be a party to any IRS 
Section 1031 exchange.
    In order to determine the FMV, certain assumptions may have been 
made about the attributes and

[[Page 55351]]

limitations of the land and potential effects of local regulations and 
policies on potential future land uses. Through publication of this 
notice, the BLM advises 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 Federal, State, and local government 
laws, regulations, and policies that may affect the subject lands, 
including any required dedication of lands for public uses. It is the 
buyer's responsibility to be aware of existing or projected use of 
nearby properties. When conveyed out of Federal ownership, the land 
will be subject to any applicable laws, regulations, and policies of 
the applicable local government for proposed future uses. It will be 
the responsibility of the purchaser to be aware through due diligence 
of those laws, regulations, and policies, and to seek any required 
local approvals for future uses. Buyers should also make themselves 
aware of any Federal or State law or regulation that may impact the 
future use of the property. Any land lacking access from a public road 
or highway will be conveyed as such, and future access acquisition will 
be the responsibility of the buyer. The parcel proposed for sale was 
analyzed in the BLM Farmington Resource Management Plan and Final 
Environmental Impact Statement dated March 2003. This was approved as 
the Resource Management Plan in the Record of Decision signed September 
29, 2003, which is available for review at the BLM Farmington Field 
Office. The parcel identified in this Notice was analyzed in an 
Environmental Assessment (EA) for the sale.
    Information concerning the sale, appraisals, reservations, sale 
procedures and conditions, CERCLA, maps delineating the individual sale 
parcel, the FMV of the parcel, EA, and other environmental documents 
are available for review at the Farmington Field Office, or by 
contacting Albert Gonzales at (505) 599-6334.
    Public comments: The parcel of land will not be offered for sale 
before 60 days have elapsed after the publication of this notice. For a 
period until October 25, 2010, interested parties may submit written 
comments to the BLM Farmington Field Office. Only written comments 
submitted by postal service or other delivery service will be 
considered as properly filed. Electronic mail, facsimile, or telephone 
comments will not be considered as properly filed.
    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.
    Any adverse comments regarding the proposed sale will be reviewed 
by the BLM New Mexico State Director, who may sustain, vacate, or 
modify this realty action. In the absence of any adverse comments, this 
realty action will become the final determination of the Department of 
the Interior.

(Authority: 43 CFR 2711)

Debby Lucero,
Acting Deputy State Director, Division of Lands and Resources.
[FR Doc. 2010-22610 Filed 9-9-10; 8:45 am]
BILLING CODE 4310-VB-P