[Federal Register Volume 75, Number 175 (Friday, September 10, 2010)]
[Notices]
[Pages 55347-55349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22612]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNMF01000.L143000000.EU0000; NMNM 122597]


Notice of Realty Action: Competitive Sale of Public Land Near 
Aztec in San Juan 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 
competitive sale, one parcel of land totaling 73.75 acres within the 
Aztec city limits in San Juan County, New Mexico. The sale will be 
subject to the applicable provisions of Section 203 of the Federal Land 
Policy and Management Act of 1976 (FLPMA), respectively, and BLM land 
sale regulations. The purpose of the sale is to dispose of lands which 
are difficult and uneconomic to manage. The sales will be conducted as 
a competitive bid auction in which interested bidders must submit 
written sealed bids equal to or greater than the appraised fair market 
value of the land. Bidders who submit written sealed bids will have the 
opportunity to increase their bids in a silent auction to be held after 
the BLM opens all written sealed bids.

DATES: Comments regarding the proposed sale must be received by the BLM 
on or before October 25, 2010. Sealed bids must be received no later 
than 3 p.m., Mountain Time on November 15, 2010. The BLM will open the 
sealed bids and allow supplemental bidding in a silent auction on 
November 15, 2010, which will be the sale date. Other deadline dates 
for payment are specified in the SUPPLEMENTARY INFORMATION section of 
this notice.

ADDRESSES: Written comments concerning the proposed sale should be sent 
to the Field Manager, BLM Farmington Field Office, 1235 La Plata 
Highway, Suite A, Farmington, New Mexico 87401. Sealed bids must also 
be submitted to this address. Supplemental bidding in the silent 
auction will be conducted at this address. Additional information 
including bid forms, times, and bidding procedures will be available in 
an Invitation for Bids available from the Farmington Field Office. More 
detailed information regarding the proposed sale and the land involved, 
including maps and current appraisal, may be reviewed during normal 
business hours between 7:45 a.m. and 4:30 p.m. at the Farmington Field 
Office at the above address.

FOR FURTHER INFORMATION CONTACT: Albert M. Gonzales, Realty Specialist, 
(505) 599-6334 or via e-mail at [email protected].

SUPPLEMENTARY INFORMATION: The following public land is proposed for 
competitive sale in accordance with Section 203 of FLPMA (43 U.S.C. 
1713):

New Mexico Principal Meridian

T. 30 N., R. 11 W.,
    Sec. 17, S[frac1s2]SE[frac1s4]SE[frac1s4], 
S[frac1s2]N[frac1s2]SE[frac1s4]SE[frac1s4], and 
N[frac1s2]NE[frac1s4]SE[frac1s4]SE[frac1s4];
    Sec. 20, lot 1.

    The area described contains 73.75 acres, more or less, in San 
Juan County.

    The public land has been identified as suitable for disposal in the 
BLM's September 29, 2003, Farmington Resource Management Plan, as 
amended, and is not needed for any Federal purpose. The sale is 
consistent with current BLM planning for this area and would be in the 
public interest. The land meets the criteria for sale under 43 CFR 
2710.0-3(a)(3), because its location and other characteristics make it 
difficult and uneconomic to manage as part of the public lands and is 
not suitable for management by another Federal department or agency. 
The land is intermingled with private land. This land contains no other 
known public

[[Page 55348]]

values. The land has not been identified for transfer to the State or 
any other local government or nonprofit organization. The land is 
adjacent to commercially developed private land and is suitable for 
similar uses. The parcel will be offered through competitive sale 
procedures pursuant to 43 CFR 2711.3-1.
    On September 10, 2010, the above described land will be segregated 
from appropriation under the public land laws, including the mining 
laws, except the sale provisions of the FLPMA. Until completion of the 
sale, or termination of the segregation, the BLM will no longer accept 
land use applications affecting the identified public land, except 
applications for the amendment of previously filed right-of-way 
applications or existing authorizations to increase the term of the 
grants in accordance with 43 CFR 2802.15. The segregation will 
terminate upon issuance of a patent, publication in the Federal 
Register of a termination of the segregation, or September 10, 2012, 
whichever occurs first, unless extended by the BLM State Director in 
accordance with 43 CFR 2711.1-2 (d) prior to the termination dates. The 
land will not be sold until at least 60 days after the date of 
publication of this notice in the Federal Register. In the event of a 
sale, conveyance will be made of surface interest only; the BLM intends 
to retain all mineral rights. Any patent issued will contain the 
following reservations, covenants, terms and conditions:
    1. All minerals, including coal, will be reserved to the United 
States with the right to prospect for or mine, and remove the minerals;
    2. The land will be conveyed with a reservation of right-of-way to 
the United States for ditches and canals constructed by authority of 
the United States under the Act of August 30, 1890 (43 U.S.C. 945);
    3. The land will also be conveyed subject to the following valid 
existing rights:
    (a) Oil and Gas Lease NMSF 078402 and NMSF 078402A leased to 
Burlington Resources Oil and Gas Company;
    (b) Right-of-Way Grant NMNM 92866 and NMNM 109478 for road 
purposes, granted to Burlington Resources Oil and Gas Company;
    (c) Right-of-Way Grant NMNM 28540 for water pipeline, granted to 
Southside Water Users;
    (d) Right-of-Way Grant NMNM 68504, NMNM 011405, and NMNM 68504, for 
gas pipeline purposes, granted to Enterprise Field Services, LLC;
    (e) Right-of-Way Grant NMNM 80795 for electrical power line 
purposes, granted to the City of Farmington;
    (f) Right-of-Way Grants NMNM 107746, NMNM 112113, NMNM 010871, and 
NMNM 013690 for gas pipeline purposes, granted to Enterprise Field 
Services;
    (g) Oil and Gas Communitization Agreements NMNM 73491, NMNM 87127, 
NMNM 104908, NMNM 104910, and NMNM 108260, Burlington Resources Oil and 
Gas Company; and
    (h) Oil and Gas Communitization Agreements NMNM 73723 and NMNM 
112525, Operator, Roddy Production Company, LLC.
    The right-of-way holders will have the option of conversion to 
easement opportunities. The land conveyance will be subject to the 
above modifications.
    4. No warranty of any kind, express or implied, is given by the 
United States as to the title, physical condition, or potential uses of 
the lands proposed for sale; and the conveyance of any parcel will not 
be on a contingency basis. To the extent required by law, all such 
parcels are 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)).
    5. An appropriate indemnification clause protecting the United 
States from claims arising out of the purchaser's use, occupancy, or 
operations on the patented lands. Interested bidders are advised to 
obtain an Invitation Form Bids (IFB) from the BLM Farmington Field 
Office at the address above or by calling (505) 599-8900. Interested 
bidders must follow the instructions in the IFB to participate in the 
bidding process. Sealed bids must be for not less than the federally 
approved fair market value. Each sealed bid must include a certified 
check, money order, bank draft, or cashier's check made payable in U.S. 
dollars to the order of the Bureau of Land Management, for 10 percent 
of the amount of the bid. Bidders who have properly submitted sealed 
bids will have the opportunity to submit supplemental written bids in a 
silent auction at the BLM Farmington Field Office on November 15, 2010. 
Interested bidders wishing to submit a supplemental bid for a parcel 
must have properly submitted a sealed bid for the parcel and be present 
at the silent auction. The first supplemental bid for the parcel in the 
silent auction must be at least $2,000 more than the highest sealed bid 
accepted by the BLM and each subsequent supplemental bid must be at 
least $2,000 more than the previous bid. The BLM reserves the right to 
increase the required bid increment at any time. The highest 
supplemental bid submitted during the silent auction will be declared 
the high bid and the high bidder must immediately submit an additional 
payment to the BLM which, when added to the bid deposit submitted with 
the bidders sealed bid, equals at least 20 percent of the amount of the 
bid. If no supplemental bids are submitted for the parcel during the 
silent auction, the highest sealed bid for the parcel will be declared 
the high bid and the high bidder will receive written notice. If no 
supplemental bids are submitted for the parcel during the silent 
auction and more than one sealed bid is submitted for the same high bid 
amount, the high bidders will be notified and allowed to submit 
additional sealed bids. The highest qualifying bid for any parcel will 
be declared the high bid and the high bidder will receive written 
notice. The remainder of the full bid price for the parcel must be paid 
within 180 calendar days of the sale date in the form of a certified 
check, money order, bank draft, or cashier's check made payable in U.S. 
dollars to the Bureau of Land Management. Personal checks will not be 
accepted. Failure to pay the full price within the 180 days will 
disqualify the apparent high bidder and cause the entire bid deposit to 
be forfeited to the BLM. The BLM will return checks submitted by 
unsuccessful bidders by U.S. mail or in person on the day of the sale.
    The BLM may accept or reject any or all offers, or withdraw the 
land or interest therein from sale, if, in the opinion of the BLM 
authorized officer, consummation of the sale would not be fully 
consistent with FLPMA or other applicable law or is determined to not 
be in the public interest. Under Federal law, the public lands may only 
be conveyed to U.S. citizens 18 years of age or older, a corporation 
subject to the laws of any State or of the United States, a State, 
State instrumentality, or political subdivision authorized to hold 
property, or an entity legally capable of conveying and holding lands 
under the laws of the State of New Mexico. Certification of 
qualifications, including citizenship or corporation or partnership, 
must be provided to the BLM prior to conveyance.
    Additional Information: If not sold, the lands described in this 
Notice of Realty Action may be identified for sale later without 
further legal notice and may be offered for sale by sealed bid, 
internet auction, or oral auction. It is the buyer's responsibility to 
be aware of all applicable local government policies, laws, and 
regulations that would affect

[[Page 55349]]

the subject lands, including any required dedication of lands for 
public uses. It is also the buyer's responsibility to be aware of 
existing or projected uses of 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 review and approvals will be responsibility of the 
buyer. 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. Information concerning the sale including 
the reservations, sale procedures, and conditions, CERCLA and other 
environmental documents will be available for review at the BLM 
Farmington Field Office. The general public and interested parties may 
submit comments regarding the proposed sale to the attention of the BLM 
Farmington Field Manager on or before October 25, 2010. Any adverse 
comments regarding the proposed sale will be reviewed by the BLM New 
Mexico State Director or other authorized official of the Department of 
the Interior, who may sustain, vacate, or modify this realty action in 
whole or in part. 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.

    Authority:  43 CFR 2711.1-2.

William Merhege,
Acting Deputy State Director, Resources.
[FR Doc. 2010-22612 Filed 9-9-10; 8:45 am]
BILLING CODE 4310-VB-P