[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Notices]
[Pages 53476-53477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21110]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNMP02000. L14300000.ES0000; NMNM-130294; NMNM-130295]


Notice of Realty Action: Classification for Lease and Subsequent 
Conveyance for Recreation and Public Purposes of Public Land for an 
Elementary School and Middle School, Eddy County, NM

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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

SUMMARY: The Bureau of Land Management (BLM) has examined and found 
suitable for classification for lease and subsequent conveyance under 
the provisions of the Recreation and Public Purposes (R&PP) Act, as 
amended, approximately 81.2 acres of public land in Carlsbad, Eddy 
County, New Mexico. The Carlsbad Municipal School District proposes to 
use the land for a kindergarten to fifth grade elementary school and a 
sixth to eighth grade middle school.

DATES: Interested parties may submit written comments regarding the 
proposed classification of the land for lease and subsequent conveyance 
of the land, and the environmental assessment, until October 15, 2013.

ADDRESSES: Send written comments to the BLM Field Manager, Carlsbad 
Field Office, 620 East Greene, Carlsbad, NM 88220.

FOR FURTHER INFORMATION CONTACT: Tessa Cisneros, 575-234-5980, or 
[email protected]. Persons who use a telecommunications device for the 
deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-
800-877-8339 to contact the above individual during normal business 
hours. The FIRS is available 24 hours a day, 7 days a week, to leave a 
message or question with the above individual. You will receive a reply 
during normal business hours.

SUPPLEMENTARY INFORMATION: The Carlsbad Municipal School District has 
filed an application to develop the following described land as two 
schools with related facilities near the intersection of North Canal 
Street and Plum Lane and the intersection of Camp Avenue and Osborne 
Road in the northern area of Carlsbad. The parcels of public land are 
legally described as:

New Mexico Principal Meridian

T. 21 S., R. 26 E.,
    sec. 24, lot 6;
    sec. 26, lot 1.

    The area described contains 81.2 acres, more or less, in Eddy 
County.

    Facilities of the schools include classrooms, gymnasiums, parking 
lots, etc. The middle school will also include a football field, 
baseball field, and tennis court. Enrollment is expected to be about 
600 students per school. Each school requires about 40 acres located in 
separate locations. Growth in the northern area of Carlsbad has put a 
burden on the capacity of elementary and middle schools. Future plans 
to increase the apartments, town houses, and housing in the area create 
a need for larger school facilities to accommodate the continued growth 
of the area. Additional detailed information pertaining to this 
application, plan of development, and site plan is in case files NMNM-
130294 and NMNM-130295, which are located in the BLM Carlsbad Field 
Office at the above address. Environmental documents associated with 
this proposed action are available for review at the BLM Carlsbad Field 
Office, and on the Web at: www.blm.gov/nm/st/fo/cfo/blm_information/nepa.html.
    The land is not required for any Federal purpose. The lease and 
subsequent conveyance are consistent with the BLM Carlsbad Resource 
Management Plan approved September 1988, and would be in the public 
interest. The Carlsbad Municipal School District is a political 
subdivision of the State of New Mexico, a qualified applicant under the 
R&PP Act, has not applied for more than the 640-acre limitation for 
public purpose uses in a year, and has submitted a statement in 
compliance with the regulations at 43 CFR 2741.4(b).
    The lease and subsequent conveyance of the public land shall be 
subject to valid existing rights. Subject to limitations prescribed by 
law and regulations, prior to patent issuance, a holder of any right-
of-way within the lease area may be given the opportunity to amend the 
right-of-way for conversion to a new term, including perpetuity, if 
applicable.
    The lease and subsequent conveyance, if and when issued, will be 
subject to provisions of the R&PP Act and applicable regulations of the 
Secretary of the Interior, and will contain the following terms, 
conditions, and reservations to the United States:
    1. A right-of-way thereon for ditches or canals constructed by the 
authority of the United States, Act of August 30, 1890 (43 U.S.C. 945);
    2. All minerals shall be reserved to the United States, together 
with the right to prospect for, mine, and remove such deposits from the 
same under applicable law and such regulations as the Secretary of the 
Interior may prescribe;
    3. All valid existing rights;
    4. Oil and gas lease NMNM 35602 issued to Marigold LLLP, Rio Pecos 
Corporation, Santo Legado LLLP, Sharbro Energy LLC, Sharbro Oil Limited 
Co, Tulipan LLC, Mark D. Wilson, and Yates Industries LLC, their 
successors or assigns, pursuant to the Act of February 25, 1920 (30 
U.S.C. 181);
    5. Natural gas lease NMNM 87892 issued to Yates Petroleum 
Corporation, its successors or assigns, pursuant to the Act of February 
25, 1920 (30 U.S.C. 181);
    6. Natural gas lease NMNM 91006 issued to Yates Petroleum 
Corporation, its successors or assigns, pursuant to the Act of February 
25, 1920 (30 U.S.C. 181);
    7. An appropriate indemnification clause protecting the United 
States from claims arising out of the leasee's/patentee's use, 
occupancy, or occupations on the leased/patented

[[Page 53477]]

lands. It will also contain any other terms and conditions deemed 
necessary and appropriate by the Authorized Officer.
    Upon publication of this notice in the Federal Register, the land 
described above will be segregated from all other forms of 
appropriation under the public land laws, including the general mining 
laws, except for lease and/or subsequent conveyance under the R&PP Act 
and leasing under the mineral leasing laws.
    Interested parties may submit written comments on the suitability 
of the land for two public schools. Comments on the classification are 
restricted to whether the land is physically suited for the proposal, 
whether the use will maximize the future use or uses of the land, 
whether the use is consistent with local planning and zoning, or if the 
use is consistent with State and Federal programs.
    Interested parties may also submit written comments regarding the 
specific use proposed in the application and plan of development, and 
whether the BLM followed proper administrative procedures in reaching 
the decision to lease and/or convey under the R&PP Act.
    Any adverse comments 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, the decision will become effective on 
October 28, 2013.
    Before including your address, phone number, email 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. Only written comments submitted to the Field Manager, 
BLM Carlsbad Field Office, will be considered properly filed.

    Authority: 43 CFR 2741.5.

Michael Tupper,
Deputy State Director, Lands and Resources.
[FR Doc. 2013-21110 Filed 8-28-13; 8:45 am]
BILLING CODE 4310-FB-P