[Federal Register Volume 72, Number 66 (Friday, April 6, 2007)]
[Notices]
[Pages 17179-17180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6411]



[[Page 17179]]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NM-070-1430-EU; NMNM-116843]


Notice of Realty Action: Non-Competitive (Direct) Sale of Public 
Lands in San Juan County, NM

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The following described public lands, comprising approximately 
200 acres in San Juan County, New Mexico, have been examined and found 
suitable for sale to San Juan County, at not less than the fair market 
value of $400,000, for use as an industrial park. The sale will be 
conducted under the authority of 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 21, 2007, interested parties may submit 
comments concerning the proposed sale to Bureau of Land Management 
(BLM), Farmington Field Office at the address stated below.

ADDRESSES: Information related to this action, including the 
environmental assessment, is available for review at the 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 land contains 200 acres, more or less, 
located 13 miles north of Farmington, New Mexico. This parcel of land, 
situated in San Juan County, is being offered on a non-competitive 
(direct) sale basis to San Juan County, 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 San Juan County. FLPMA 
authorizes the use of direct 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 the economic viability of the 
project. The 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 $400,000, 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. The land proposed for sale is 
described as:

New Mexico Principal Meridian

T. 32 N., R. 13 W.,
    Sec. 23: S\1/2\NE\1/4\SE\1/4\, NE\1/4\NW\1/4\SE\1/4\, S\1/
2\NW\1/4\SE\1/4\, and S\1/2\SE\1/4\;

    Sec. 26: NE\1/4\NE\1/4\ and NE\1/4\NW\1/4\NE\1/4\; The area 
described contains approximately 200 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 and approved September 2003. In the event of a sale, 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. 
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.
    3. 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 that 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

[[Page 17180]]

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 April 6, 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 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 BLM 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. E7-6411 Filed 4-5-07; 8:45 am]
BILLING CODE 4310-FB-P