14292 Federal Register / Vol. 72, No. 58 / Tuesday, March 27, 2007 / Notices 

4. All purchasers/patentees, by 

accepting a patent, covenant and agree 

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, 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 

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 

substance(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 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. 

The purchaser, by accepting the land 

patent, agrees to take the property 

subject to the current grazing lease until 

such time as the lease expires, or two 

years from the date of this notice, 

whichever first occurs. 

This land will be offered for 

competitive sale on May 29, 2007, 

pursuant to 43 CFR 2711.3–1. In the 

event of a sale, the unreserved mineral 

estate will be conveyed simultaneously 

with the surface estate. The unreserved 

mineral interests have been determined 

to have no known mineral value 

pursuant to 43 CFR 2720.2(a). 

Acceptance of the sale offer will 

constitute an application for conveyance 

of the unreserved mineral interests. The 

purchaser will be required to pay a 

$50.00 non-refundable filing fee for 

conveyance of the available mineral 

interests. 

The sale will be by sealed bid, 

followed by oral auction. All bids must 

be received at the BLM Boise District 

Office at the above address no later than 

4:30 p.m. MST on the day before the 

sale. Federal law requires that bidders 

must be U.S. citizens 18 years of age or 

older, or in the case of a corporation, 

subject to the laws of any State of the 

U.S. Proof of citizenship shall 

accompany the bid. 

At 10 a.m. MST on May 29, 2007, 

sealed bids will be opened at the BLM 

Boise District Office, and the highest 

acceptable sealed bid will be 

determined. An oral auction will follow 

the determination of the highest 

acceptable sealed bid at or in excess of 

the appraised fair market value, with the 

opening oral bid being for not less than 

the highest acceptable sealed bid. Oral 

bidding will continue until the highest 

bid is determined. If no oral bids are 

received, the highest acceptable sealed 

bid will be considered the purchaser. 

The purchaser will have 30 days from 

the date of acceptance of the high bid to 

submit a deposit of 20 percent of the 

purchase price and the $50.00 filing fee 

for conveyance of mineral interests. The 

purchaser must remit the remainder of 

the purchase price within 180 days from 

the date of the sale. Payments must be 

by certified check, postal money order, 

bank draft or cashiers check payable to 

the U.S. Department of the Interior—

BLM. Failure to meet conditions 

established for this sale will void the 

sale, and any monies received will be 

forfeited to the BLM. 

Public Comments: For a period of 45 

days following the publication of this 

notice in the Federal Register, the 

public and interested parties may 

submit written comments regarding the 

proposed sale and EA to the BLM Four 

Rivers Field Manager at the above 

address. Before including your address, 

phone number, e-mail address, or other 

personal identifying information in your 

comment, be advised that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. 

Any adverse comments will be 

reviewed by the BLM Idaho State 

Director, who may sustain, vacate, or 

modify this realty action and issue a 

final determination. In the absence of 

any objections, this realty action will 

become the final determination of the 

Department of the Interior. 

(Authority: 43 CFR 2711.1–2(a)) 

Dated: January 5, 2007. 

Rosemary Thomas, 

Four Rivers Field Manager. 

[FR Doc. E7–5536 Filed 3–26–07; 8:45 am] 

BILLING CODE 4310–GG–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[NM–070–1430–EU; NMNM–115589] 

Notice of Realty Action: NonCompetitive (direct) Sale of Public 

Lands in San Juan County, New 

Mexico 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of Realty Action. 

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 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 58 / Tuesday, March 27, 2007 / Notices 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, S1⁄2SW1⁄4. 

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 rightsof-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 thirdparty, 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 


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