[Federal Register Volume 79, Number 235 (Monday, December 8, 2014)]
[Notices]
[Pages 72698-72699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28687]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNML00000 L71220000.FR0000 LVTFG13G4430; NMNM 124261]


Notice of Realty Action: Proposed Non-Competitive Lease of Public 
Land in Sierra County, NM

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Land Management (BLM), Las Cruces District 
Office, proposes to lease two parcels of public land totaling 4.12 
acres in Sierra County, New Mexico, for agricultural purposes (pecan 
orchard). The subject parcels were inadvertently developed by the 
adjacent landowner into a pecan orchard without authorization. The area 
has a long history of agricultural use and the proposed lease would 
provide the BLM with a reasonable option to resolve the continued 
unauthorized use of the affected public lands. The BLM proposes to 
lease the lands for not less than the fair market value to Winder Farm. 
The BLM White Sands Resource Management Plan, dated October 1986, does 
not exclude the subject parcel from the authorized officer's discretion 
to consider lease proposals in the subject area.

DATES: Written comments may be submitted to the address below. The BLM 
must receive your comments on or before January 22, 2015.

ADDRESSES: Send written comments concerning the proposed lease to the 
District Manager, BLM, Las Cruces District Office, 1800 Marquess 
Street, Las Cruces, NM 88005.

FOR FURTHER INFORMATION CONTACT: Anthony Hom, Realty Specialist, at the 
address above, or by telephone at 575-525-4331, or by email at 
<a href="/cdn-cgi/l/email-protection#d8b9b0b7b598bab4b5f6bfb7ae"><span class="__cf_email__" data-cfemail="a7c6cfc8cae7c5cbca89c0c8d1">[email protected]</span></a>. 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 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: The BLM has determined that the two parcels 
of land described below are suitable for consideration as an 
agricultural lease under Section 302 of the Federal Land Policy 
Management Act of 1976 (43 U.S.C. 1732), (FLPMA) and the implementing 
regulations at 43 CFR 2920.

Parcel A: New Mexico Principal Meridian, Sierra County, New Mexico

    A portion of land situated in the southeast quarter (SE1/4) of the 
northwest quarter (NW1/4) of section 10, township 18 south, range 7 
west, New Mexico Principal Meridian, Sierra County, New Mexico. 
Depicted in the Survey of Farmed Lands by Underwood Engineering Inc., 
signed September 16, 2013, and shown as Parcel A and is described as 
follow:
    BEGINNING at the northeast corner of PARCEL A. Said point of 
beginning hereinafter referred as ``Corner No. 1 of Parcel A'' for this 
description. From said point of beginning of Parcel A, the center north 
one-sixteenth (1/16) section corner bears S. 89[deg]15'41'' E., a 
distance of 309.39 feet.
    THENCE, S. 16[deg]01'00'' W., a distance of 325.87 feet to corner 
No. 2 of Parcel A;
    THENCE, N. 81[deg]28'42'' W., a distance of 414.02 feet to corner 
No. 3 of Parcel A;
    THENCE, N. 31[deg]47'03'' W., a distance of 290.69 feet to corner 
No. 4 of Parcel A;
    THENCE, N. 13[deg]52'20'' W., a distance of 13.63 feet to corner 
No. 5 of Parcel A;
    THENCE, S. 89[deg]15'41'' E., a distance of 655.80 feet to the 
POINT OF BEGINNING OF PARCEL A containing 3.50 acres of land.

Parcel B: New Mexico Principal Meridian, Sierra County, New Mexico

    A portion of land situated in the northeast quarter (NE\1/4\) of 
the southwest quarter (SW\1/4\) of section 10, township 18 south, range 
7 west, New Mexico Principal Meridian, Sierra County, New Mexico. 
Depicted in the

[[Page 72699]]

Survey of Farmed Lands by Underwood Engineering Inc., signed September 
16, 2013, and shown as Parcel B and is described as follow:
    BEGINNING at the northerly corner of PARCEL B. Said point of 
beginning hereinafter referred as ``Corner No. 1 of Parcel B'' for this 
description. From said point of beginning of Parcel B the center one 
quarter (\1/4\) section corner bears N. 2[deg]21'17'' E., a distance of 
364.11 feet.
    THENCE, S. 2[deg]21'17'' W., a distance of 449.78 feet to corner 
No. 2 of Parcel B;
    THENCE, S. 81[deg]51'43'' W., a distance of 122.42 feet to corner 
No. 3 of Parcel B;
    THENCE, N. 16[deg]39'35'' E., a distance of 487.18 feet to the 
POINT OF BEGINNING OF PARCEL B containing 0.62 acres of land.
    The area described (Parcels A and B) in aggregate is 4.12 acres.
    The applicable regulation at 43 CFR 2920.5-4(b) provides that, 
``land use authorizations may be offered on a negotiated, non-
competitive basis, when, in the judgment of the authorized officer 
equities, such as prior use of the lands, exist, no competitive 
interest exists or where competitive bidding would represent unfair 
competitive and economic disadvantage to the originator of the unique 
land use concept.'' Based on past use of the subject parcels for the 
establishment of pecan trees owned by Winder Farm, it is the authorized 
officer's decision to offer the proposed agricultural lease to Winder 
Farm on a non-competitive basis because competitive bidding would 
represent an unfair competitive and economic disadvantage to Winder 
Farm. As noted above, Winder Farms' use of the parcels constituted an 
inadvertent trespass that they discovered and subsequently reported to 
the BLM. Winder Farms has since worked with the BLM to resolve the 
trespass. Subsequent to the BLM's receipt of an application for leasing 
by Winder Farm that complies with all applicable requirements set forth 
at 43 CFR 2920.5, processing of the proposed lease will take place in 
accordance with 43 CFR 2920.6, and other applicable regulations. 
Information and documentation regarding processing of the lease 
application is available as described in ADDRESSES, above, and 
reference should be made to National Environmental Policy Act (NEPA) 
analysis, to be conducted under DOI-BLM-NM-L000-2014-0168-EA. No final 
decision on the lease will be made until all required analyses are 
completed. If authorized, the lease would be subject to provisions of 
FLPMA and all applicable regulations of the Secretary of the Interior, 
including, but not limited to, 43 CFR part 2920, and to valid existing 
rights.
    Public comments regarding the proposed lease may be submitted in 
writing--see ADDRESSES above--on or before January 22, 2015. Comments 
received in electronic form, such as email or fax, will not be 
considered. Any adverse comments regarding the proposed lease will be 
reviewed by the BLM State Director or another authorized official of 
the Department of the Interior, who may sustain, vacate, or modify this 
realty action in whole or in part. In the absence of timely filed 
objections, this realty action will become the final determination of 
the Department of the Interior.
    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.

    (Authority: 43 CFR 2920.4) 

Michael H. Tupper,
Deputy State Director, Lands and Minerals.
[FR Doc. 2014-28687 Filed 12-5-14; 8:45 am]
BILLING CODE 4310-FB-P


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