[Federal Register Volume 78, Number 246 (Monday, December 23, 2013)]
[Notices]
[Pages 77488-77489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30485]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNML00000 L14300000.FR0000 NMNM 037574]


Notice of Realty Action: Recreation and Public Purposes Act 
Classification of Public Land in Sierra County, NM

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: The Bureau of Land Management (BLM) has examined 30.12 acres 
of public land in Sierra County, New Mexico, and found them suitable 
for classification for conveyance under the provisions of the 
Recreation and Public Purposes (R&PP) Act, as amended. A closed 
landfill currently exists on the property under an R&PP Act lease, and 
the City of Truth or Consequences proposes to continue its use for the 
existing landfill. The land is not needed for any Federal purpose and 
is encumbered by an existing landfill. A conveyance would allow the 
City of Truth or Consequences to continue monitoring the landfill in 
accordance with the approved closure plan.

DATES: Interested parties may submit comments regarding the proposed 
conveyance or classification of the land until February 6, 2014.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected].
     Fax: 575-525-4412, Attention: Kendrah Penn.
     Mail or personal delivery: Kendrah Penn, City of T or C 
Landfill Project Lead, BLM Las Cruces District Office, 1800 Marquess 
Street, Las Cruces, NM 88005.
    Documents pertinent to this proposal may be examined at the Las 
Cruces District Office at the above address.

FOR FURTHER INFORMATION CONTACT: Kendrah Penn, Realty Specialist, at 
the above address or by telephone at 575-525-4382 or email at 
[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: In accordance with Section 7 of the Taylor 
Grazing Act, (43 U.S.C. 315f), and Executive Order No. 6910, the 
following described public land in Sierra County, New Mexico, has been 
examined and found suitable for classification for conveyance under the 
provisions of the R&PP Act, as amended, (43 U.S.C. 869 et seq.):

New Mexico Principal Meridian, New Mexico

T. 13 S., R. 4 W.,
    Sec. 22, lot 3.

    The area described contains 30.12 acres.

    The described public land was previously classified for lease under 
the R&PP Act on August 14, 1959, and was leased to the City of Truth or 
Consequences on March 20, 1961.
    The landfill was closed in 1974 and has continued to be closed to 
municipal waste disposal since the date of closure. Throughout the 
years, the City of Truth or Consequences has maintained the area as a 
closed landfill in anticipation that any future development of the 
property would not conflict with the approved landfill closure plan. In 
accordance with the R&PP Act of June 14, 1926, as amended, the City of 
Truth or Consequences filed an application for purchase of the above-
described 30.12 acres of public land. The land is not needed for any 
Federal purpose. The conveyance is consistent with the White Sands 
Resource Management Plan, dated October 1986, and would be in the 
public's interest. The patent, if issued, will be subject to the 
provisions of the R&PP Act and applicable regulations of the Secretary 
of the Interior, including, but not limited to the provisions at 43 CFR 
part 2743. The conveyance, when issued, will contain the following 
terms, conditions, and reservations to the United States:
    1. Reservation of rights-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. Reservation of all the mineral deposits in the lands so 
patented, and the right of the United States, or persons authorized by 
the United States, to prospect for, mine, and remove such deposits from 
the same under applicable laws and regulations as the Secretary of the 
Interior may prescribe.
    3. The patent will be subject to all valid existing rights 
documented on official public land records at the time of patent 
issuance.
    4. No portion of the land patented shall revert back to the United 
States under any circumstance. In addition, the patentee will comply 
with all Federal and State laws applicable to the disposal, placement, 
or release of hazardous substances (substance as defined in 40 CFR part 
302) and indemnify the United States against any legal liability or 
future costs that may arise out of any violation of such laws.
    5. The above described land has been used for solid waste disposal. 
Solid waste commonly includes small quantities of commercial hazardous 
waste and household hazardous waste as determined in the Resource 
Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901) and 
defined in 40 CFR 261.4 and 271.5. Although there is no indication 
these materials pose any significant risk to human health, or the 
environment, future land uses should be limited to those which do not 
penetrate the liner or final cover of the landfill unless excavation is 
conducted subject to applicable State and Federal requirements.
    6. The purchaser (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 patentee or its employees, 
agents, contractors, lessees, or any third party, arising out of or in 
connection with the patentee's use, occupancy, or operations on the 
patented real property. This indemnification and hold harmless

[[Page 77489]]

agreement includes, but is not limited to, acts and omissions of the 
patentee and their employees, agents, contractors, 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) Other releases 
or threatened releases of solid or hazardous waste(s) and/or hazardous 
substance(s), as defined by Federal or State environmental laws of, on, 
into or under land, property and other interests of the United States; 
(5) Other activities by which solid waste or hazardous substance(s) or 
waste, 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 
substance(s) or waste(s); or (6) Natural resource damages as defined by 
Federal and State law. This covenant shall be construed as running with 
the 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.
    Conveyance of this land to the City of Truth Consequences is 
consistent with applicable Federal and county land use plans, and BLM 
policy.
    On December 23, 2013, 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 conveyance under the R&PP 
Act, leasing under the mineral leasing laws, and disposals under the 
mineral material disposal laws.
    Classification Comments: Interested parties may submit comments 
involving the suitability of the land for a conveyance of a landfill. 
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.
    Application Comments: Interested parties may submit comments 
regarding the specific use proposed in the application and plan of 
development, whether the BLM followed proper administrative procedures 
in reaching the decision to convey under the R&PP Act, or any other 
factor not directly related to the suitability of the land for use as 
an existing landfill.
    The public may submit comments in writing directly to the BLM using 
one of the methods listed in the ADDRESSES section above. Comments 
should be submitted on or before February 6, 2014.
    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. 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 classification of 
the land described in this notice will become effective on February 21, 
2014. The land will not be available for conveyance until after the 
classification becomes effective.

    Authority: 43 CFR part 2740.

Bill Childress,
District Manager, Las Cruces.
[FR Doc. 2013-30485 Filed 12-20-13; 8:45 am]
BILLING CODE 4310-FB-P