[Federal Register: March 27, 2007 (Volume 72, Number 58)]
[Notices]
[Page 14292-14293]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr07-60]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NM-070-1430-EU; NMNM-115589]
Notice of Realty Action: Non-Competitive (direct) Sale of Public
Lands in San Juan County, New Mexico
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Realty Action.
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SUMMARY: The following described public lands, comprising approximately
80 acres in San Juan County, New Mexico have been examined and found
suitable for direct sale to City of Bloomfield, at not less than the
appraised value of $2,200,000.00, for use as an industrial park. The
authority for the sale is Section 203(f)(2) of the Federal Land Policy
and Management Act of 1976, as amended, 43 U.S.C. 1701 et seq. (FLPMA),
and CFR 2711.3-3(a), and will take place according to the procedures
governing direct sales of public land.
DATES: On or before May 11, 2007, interested parties may submit
comments concerning the proposed sale to Bureau of Land Management,
Farmington Field Office at the address stated below.
ADDRESSES: Information related to this action, including the
environmental assessment, is available for review at the Bureau of Land
Management (BLM), Farmington Field Office, 1235 La Plata Highway, Suite
A, Farmington, New Mexico 87401, from 7:45 a.m. to 4:30 p.m. Monday
through Friday.
FOR FURTHER INFORMATION CONTACT: Albert Gonzales, Realty Specialist at
(505) 599-6334.
SUPPLEMENTARY INFORMATION: The parcel of land, consisting of 80 acres
situated in San Juan County within the Bloomfield city limits, is being
offered on a non-competitive (direct) sale basis to the City of
Bloomfield, in accordance with Section 203(f)(2) of 6 (FLPMA) and 43
CFR 2711.3-3(a), for use as an industrial park. The BLM Farmington
District Manager has determined that a non-competitive (direct) sale
will be in the best interest of the public to facilitate growth and
business opportunities for City of Bloomfield. FLPMA authorizes the use
of direct
[[Page 14293]]
sales of the public lands in circumstances where that tract has been
identified for transfer to a State or local government as an integral
part of the project and speculative bidding would jeopardize a timely
completion and economic viability of the project. Here, BLM proposes to
convey the identified tract to a local government as an integral part
of such a project. The parcel is being offered for sale at no less than
the appraised fair market value (FMV) of $2,200,000.00, as determined
by the authorized officer after appraisal. An appraisal report has been
prepared by a state certified appraiser for the purposes of
establishing FMV.
New Mexico Principle Meridian, New Mexico
T. 29 N., R. 11 W.
Sec. 3, S\1/2\SW\1/4\.
The area described contains 80 acres in San Juan County.
This land is not required for any Federal purposes. The proposed
action is in compliance with the BLM Farmington Resource Management
Plan that was approved September 2003. The sale is consistent with
current Bureau planning for this area, and would be in the public
interest. The conveyance will include the surface interests only. The
patent, when issued, will contain the following reservations,
covenants, terms, and conditions:
1. The parcel will be conveyed with a reservation of a right-of-way
to the United States for ditches and canals constructed by the
authority of the United States under the Act of August 30, 1890 (43
U.S.C. 945).
2. The parcel will be conveyed subject to valid existing rights,
including, but not limited to rights-of-ways. The parcel may be subject
to applications for rights-of-way received prior to the publication of
this Notice if processing the application would not adversely affect
the marketability or appraised value of the parcel proposed for sale.
3. All minerals are reserved to the United States, together with
the right to prospect for, mine and remove the minerals owned by the
United States under applicable laws and any regulations that the
Secretary of Interior may prescribe, including all necessary access and
exit rights.
4. The 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 patentees or their 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 and their employees, agents, contractors, or 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) Releases or
threatened releases of solid or hazardous waste(s) and/or hazardous
substances(s), as defined by Federal or state environmental laws, off,
on, into or under land, property and other interests of the United
States; (5) Activities by which solids or hazardous substances or
wastes, 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
substances or wastes; or (6) Natural resource damages as defined by
Federal and state law. Patentee shall stipulate that it will be solely
responsible for compliance with all applicable Federal, state and local
environmental and regulatory provisions, throughout the life of the
facility, including any closure and/or post-closure requirements that
may be imposed with respect to any physical plant and/or facility upon
the real property under any Federal, state or local environmental laws
or regulatory provisions. This covenant shall be construed as running
with the above described 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.
No warranty of any kind, express or implied is given or will be
given by the United States as to the title, physical condition or
potential uses of the land proposed for sale. However, to the extent
required by law, such land is 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)).
The publication of this Notice in the Federal Register shall
segregate the public lands covered by this Notice to the extent that
they will not be subject to appropriation under the public land laws,
including the mining laws. Any subsequent application, shall not be
accepted, shall not be considered as filed, and shall be returned to
the applicant, if the Notice segregates the lands from the use applied
for in the application. The segregative effect of this Notice will
terminate upon issuance of a patent or other document of conveyance for
such lands, upon publication in the Federal Register of a termination
of the segregation, or March 27, 2009, whichever occurs first, unless
extended by the BLM State Director in accordance with 43 CFR 2611.1-
2(d), prior to the termination date. Interested parties may submit
comments to the District Manager, BLM Farmington Field Office, 1235 La
Plata Highway, Suite A, Farmington, New Mexico 87401 until 45 days
after the date of publication of this notice in the Federal Register.
Any adverse comments will be reviewed by the BLM State Director who may
sustain, vacate, or modify this realty action. 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. In the absence of any
adverse comments, this realty action will become the final
determination of the Department of the Interior. The Bureau of Land
Management may accept or reject any or all offers, or withdraw any land
or interest in the land from sale, if, in the opinion of the authorized
officer, consummation of the sale would not be fully consistent with
FLPMA, or other applicable laws. The lands will not be offered for sale
until at least 60 days after the date of publication of this notice in
the Federal Register.
Authority: 43 CFR 2711.1-2(c).
Dated: February 22, 2007.
Joel Farrell,
Assistant Field Manager, Farmington, New Mexico.
[FR Doc. E7-5540 Filed 3-26-07; 8:45 am]
BILLING CODE 4310-FB-P