[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Notices]
[Pages 54583-54586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22797]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNMP02000 L14400000.EU000]


Notice of Realty Action: Modified Competitive Sealed Bid Sale of 
Public Land (NMNM 90300), Eddy County, New Mexico

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, public lands totaling 2,486.38 
acres in Eddy County, New Mexico, at not less than the appraised fair 
market value (FMV) of $298,000. The sale will be subject to the 
applicable provisions of Section 203 of the Federal Land Policy and 
Management Act of 1976 (FLPMA).

DATES: Interested parties may submit written comments regarding the 
sale and the environmental assessment (EA) until October 26, 2015. 
Sealed bids may be mailed or delivered to the BLM Carlsbad Field 
Office, at the address

[[Page 54584]]

below, beginning on October 26, 2015. Sealed bids must be received no 
later than 4:30 p.m., Mountain Time, November 9, 2015 in accordance 
with the sale procedures. The BLM will open the sealed bids on November 
10, 2015 at the BLM Carlsbad Field Office.

ADDRESSES: Mail written comments to the BLM Carlsbad Field Manager, 
Carlsbad Field Office, 620 East Greene, Carlsbad, NM 88220. The 
modified-competitive sale will be held at the BLM Carlsbad Field 
Office.

FOR FURTHER INFORMATION CONTACT: Tammie Hochstein, Realty Specialist, 
at the address above, by telephone at 575-234-5902, or by 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 listed individual. You will receive 
a reply during normal business hours.

SUPPLEMENTARY INFORMATION: The land is hereby classified for disposal 
in accordance with Executive Order No. 6910, and with Section 7 of the 
Taylor Grazing Act, 43 U.S.C. 315F. The lands proposed for disposal are 
described as follows:

New Mexico Principal Meridian, New Mexico

T. 17 S., R. 25 E.,
    Sec. 31, Lots 1 thru 4, W\1/2\NE\1/4\, SE\1/4\NE\1/4\, E\1/
2\NW\1/4\, E\1/2\SW\1/4\, and SE\1/4\.
T. 18 S., R. 24 E.,
    Sec. 1,
T. 18 S., R. 25 E.,
    Sec. 5, Lots 1 thru 3, SW\1/4\NE\1/4\, SE\1/4\NE\1/4\, SE\1/
4\NW\1/4\, SW\1/4\, and SE\1/4\;
    Sec. 7, Lot 1, N\1/2\NE\1/4\, SW\1/4\NE\1/4\, and NE\1/4\NW\1/
4\;
    Sec. 8, N\1/2\ and SE\1/4\.


    The area described aggregates 2,486.38 acres.

    The sale parcel offered for the proposed modified-competitive sale 
is suitable for disposal, this action is in conformance with the 1988 
Carlsbad Resource Management Plan, and Amendment dated 1997.
    The locatable, salable, and leasable mineral rights will be 
reserved by the United States. In accordance with 43 CFR 4110.4-2(b), 
which states that when public lands are disposed of or devoted to a 
public purpose which precludes livestock grazing, the permittee shall 
be given 2 years prior notification before his or her grazing permit or 
permitted use may be canceled or reduced.
    Additionally, 43 CFR 4110.4-2(b) provides an opportunity for the 
grazing permittee to waive the 2-year notification period. The grazing 
permittee for this land sale has agreed to the sale and signed the 
waiver/relinquishment agreement.
    The use of the modified-competitive sale method is consistent with 
43 CFR 2711.3-2(a)(1)(i) because the authorized officer has determined 
it is necessary in order to assure equitable distribution of land among 
purchasers or to recognize equitable considerations or public policies. 
Under the modified competitive bidding procedure, a designated bidder 
is offered the highest bid. Refusal or failure to meet the highest bid 
shall constitute a waiver of such bidding provisions. Failure to accept 
an offer to purchase the offered lands within the time specified by the 
authorized officer shall constitute a waiver of his preference 
consideration. The authorized officer has identified Bill Kennedy as 
the designated bidder for this parcel.
    The sale parcel, NMNM 90300, is being analyzed in Environmental 
Assessment Number DOI-BLM-NM-P020-2014-1493-EA. Upon publication of 
this notice, the EA is available at the BLM Carlsbad Field Office for 
public review and comments. Only written comments will be considered 
properly filed.
    Any adverse comments regarding the sale will be reviewed by the BLM 
New Mexico State Director or other authorized official of the 
Department of Interior, who may sustain, vacate, or modify this realty 
action in whole or in part.
    Before including your address, phone number, email address, or 
other personal identifying information, 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.
    Information concerning the sale, appraisal, reservations, sale 
procedures and conditions, Comprehensive Environmental Response 
Compensation and Liability Act (CERCLA), map delineating the sale 
parcel, mineral potential report, EA, and other environmental documents 
will be available for review during business hours, from 7:45 a.m. to 
4:30 p.m., Mountain Time, Monday through Friday at the BLM Carlsbad 
Field Office except during federally recognized holidays.
    Publication of this notice in the Federal Register segregates the 
subject lands from all other forms of appropriation under the public 
land laws, including the general mining laws and leasing under the 
mineral leasing laws, except sale under FLPMA. The segregation will 
terminate: (i) Upon issuance of a patent or other document of 
conveyance to such lands; (ii) Upon publication in the Federal Register 
of a termination of the segregation; or (iii) At the end of 2 years 
from the date of this publication in the Federal Register, whichever 
occurs first. On publication of this notice and until completion of the 
sale, the BLM is no longer accepting land-use applications affecting 
the sale parcel. However, land-use applications may be considered after 
completion of the sale if the parcel is not sold. The parcel may 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 title or the FMV of the sale parcel.
    The parcel is subject to limitations prescribed by law and 
regulation and, 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 perpetuity, if applicable, 
or conversion to an easement. In accordance with regulation at 43 CFR 
2807.15(b), the BLM notified the valid existing right-of-way holders by 
letter of their ability to convert their rights-of-way to perpetual 
rights-of-way or easements. None of the holders requested conversion of 
their current authorizations, so the BLM will continue to administer 
their rights-of-way as authorized after the sale.
    Terms and Conditions: All minerals for the parcel will be reserved 
to the United States in accordance with the BLM's approved Mineral 
Potential Report, dated June 6, 1996.
    The following rights, reservations, and terms and conditions will 
appear on the conveyance document for these parcels:
    1. A reservation for all mineral deposits in the land so patented, 
and to it or persons authorized by it, the right to enter the land and 
prospect for; mine; and remove such deposits from the same under 
applicable laws and such regulations as the Secretary of the Interior 
may prescribe shall be reserved to the United States;
    2. A reservation for any right-of-way thereon for ditches and 
canals constructed by the authority of the United States, Reservation 
in Patent Right of Way for Ditches or Canals Act of August 30, 1890 (26 
Stat. 291; 43

[[Page 54585]]

U.S.C. 945), including but not necessarily limited to the following 
rights of way:
    NM-72756, NM-77814, NM-60190, NM-93139, NM-121560, NM-115291, NM-
106778, NM-40925, NM-40738, NM-29305, NM-121143, NM-121142, NM-33339, 
NM-33338, NM-32422, NM-68029, NM-114258, NM-113331, NM-72654, NM-72655, 
NM-24321, NM-03604, NM-09542A, NM-11461, NM-15664, NM-71846, NM-71987, 
NM-71999, NM-72087, NM-72380, NM-72535, NM-343045, NM-440087, NM-
471842, NM-487738, NM-0-196959.
    3. The parcel is subject to valid existing rights, including but 
not limited to, rights-of-way for roads, public utilities, and flood 
control improvements;
    4. An appropriate indemnification clause protecting the United 
States from claims arising out of the patentee's use, occupancy, or 
occupation on the patented lands. Pursuant to the requirements 
established by Section 120(h) of the, 42 U.S.C. 9620(h) CERCLA, as 
amended, notice is hereby given that the above-described lands have 
been examined and no evidence was found to indicate that any hazardous 
substances have been stored for 1 year or more, nor had any hazardous 
substances been disposed of or released on the subject property.
    No representation, warranty, or covenant of any kind, express or 
implied, is given or made by the United States as to access to or from 
any parcel of land, the title, whether or to what extent the land may 
be developed, its physical condition, present or potential uses, or any 
other circumstance or condition. The conveyance of the sale parcel will 
not be on a contingency basis.
    Sale Procedures: The designated bidder must appoint an authorized 
representative for this sale by submitting in writing a notarized 
document that identifies the level of capacity given to the authorized 
representative. The authorized representative of the designated bidder 
must be present at the sale. If the authorized representative does not 
submit the highest bid, the authorized representative will have the 
opportunity to meet and accept the highest bid as the purchase price of 
the parcel. Should the authorized representative refuse to meet the 
high bid, the party submitting the highest bid will be declared the 
successful bidder in accordance with 43 CFR 2711.3-2(c). Consistent 
with 43 CFR 2711.3-2 (e), acceptance or rejection of any offer to 
purchase shall be in accordance with the procedures set forth in 43 CFR 
2711.3-1(f) and (g).
    Sealed bids will be presented for the sale parcel. Sealed-bid 
envelopes must be clearly marked on the front lower left corner with: 
``SEALED BID BLM LAND SALE'' and the identification number for the sale 
parcel ``BLM SERIAL NUMBER NMNM 90300.'' Each sealed bid shall be 
accompanied by a cashier's check, certified check, or U.S. postal money 
order, and made payable in U.S. dollars to ``Department of the 
Interior--Bureau of Land Management'' for not less than 20 percent of 
the amount bid. Personal or company checks will not be accepted. The 
sealed-bid envelope shall include a completed and signed Certificate of 
Eligibility.
    Sealed bids will be opened and recorded to determine the high 
bidder on November 10, 2015, 10:00 a.m., Mountain Time at the BLM 
Carlsbad Field Office. The highest bidder among the qualified bids 
received for the sale will be announced under 43 CFR 2711.3-1(d). 
Following the end of the sale, all bid deposits will be returned to the 
unsuccessful bidders, if present, or by certified mail. If the winning 
bidder defaults on the parcel, the BLM may retain the bid deposit and 
cancel the sale. If the high bidder is unable to consummate the 
transaction for any reason, the BLM, in its sole discretion, may 
consider the second-highest bid and offer the sale to the person who 
submitted this bid. The BLM will send the successful bidder a high-
bidder letter with detailed information for full payment.
    Pursuant to regulation at 43 CFR 2711.2, bidders must be (1) United 
States citizens, 18 years of age or older; (2) A corporation subject to 
the laws of any State or of the United States; (3) An entity including, 
but not limited to, associations or partnerships capable of acquiring 
and owning real property, or interests therein, under the laws of the 
State of New Mexico; or (4) A State, State instrumentality, or 
political subdivision authorized to hold real property. United States 
citizenship is evidenced by presenting a birth certificate, passport, 
or naturalization papers. Failure to submit the above requested 
documents to the BLM within 30 days from receipt of the high-bidder 
letter shall result in cancellation of the sale and forfeiture of the 
bid deposit.
    Within 30 days of the bid opening, the BLM will, in writing, either 
accept or reject all bids received. 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 paid. Unless other 
satisfactory arrangements are approved in advance by a BLM authorized 
officer, conveyance of title will 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 
Carlsbad Field Office prior to 30 days before the prospective patentee 
has scheduled closing date. No exceptions will be made.
    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.
    All name changes and supporting documentation must be received at 
the BLM Carlsbad Field Office 30 days from the date on the high-bidder 
letter by 4:30 p.m., Mountain Time. Name changes will not be accepted 
after that date. To submit a name change, the apparent high bidder must 
submit the name change on the Certificate of Eligibility to the BLM 
Carlsbad Field Office in writing. Certificates of Eligibility are 
available at the BLM Carlsbad Field Office.
    The remainder of the full bid price for the sale parcel must be 
received no later than 4:30 p.m. Mountain Time, within 180th day 
following the day of the sale. Payment must be submitted in the form of 
a, certified check, postal money order, bank draft or cashier's check 
or made available by electronic fund transfer made payable in U.S. 
dollars to the ``Department of the Interior--Bureau of Land 
Management.'' The BLM will not accept personal or company checks.
    Arrangements for electronic fund transfer to BLM for payment of the 
balance due must be made a minimum of two weeks prior to the payment 
date. Failure to pay the full bid price prior to the expiration of the 
180th day will disqualify the apparent high bidder and cause the entire 
20 percent bid deposit to be forfeited to the BLM. Forfeiture of the 20 
percent bid deposit is in accordance with 43 CFR 2711.3-1(d). No 
exceptions will be made. The BLM cannot accept the remainder of the bid 
price after the 180th day of the sale date.
    The BLM will not sign any documents related to 1031 Exchange 
transactions. In accordance with 43 CFR 2711.3-1(f), the BLM may accept 
or reject any or all offers to purchase, or withdraw any parcel of land 
or interest therein from sale, if, in the opinion of a BLM authorized 
officer, consummation of the sale would be inconsistent with any law, 
or for other reasons.

[[Page 54586]]

    The parcel, if not sold by modified-competitive, sealed-bid sale, 
may be identified for sale later without further legal notice.
    It is the bidder'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 bidder's responsibility to be aware of 
existing or prospective uses of nearby properties. When conveyed out of 
Federal ownership, the lands 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 of those laws, regulations, and policies, and to seek any 
required local approvals for future uses. Bidders should also make 
themselves aware of any Federal or State law or regulation that may 
affect 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.

    Authority:  43 CFR 2710 and 2711.1-2 (a) and (c)

James K. Stovall,
Acting Deputy State Director, Lands and Resources.
[FR Doc. 2015-22797 Filed 9-9-15; 8:45 am]
 BILLING CODE 4310-FB-P