Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices 36509 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLNML003100 L14300000.ES0000; NMNM 

117441] 

Notice of Realty Action; Recreation 

and Public Purposes (R&PP) Act 

Classification; New Mexico 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of realty action. 

SUMMARY: The Bureau of Land 

Management (BLM) has examined 

approximately 639 acres of public land 

in Dona Ana County, New Mexico and 

found them suitable for classification for 

lease and/or conveyance under the 

provisions of the Recreation and Public 

Purposes (R&PP) Act, as amended. New 

Mexico State Parks Division proposes to 

incorporate the public land for 

additional trails and visitor education as 

part of the Mesilla Valley Bosque State 

Park in Dona Ana County, New Mexico. 

DATES: Interested parties may submit 

written comments regarding the 

proposed lease/conveyance or 

classification of the land on or before 

September 8, 2009. 

ADDRESSES: Written comments 

concerning this Notice should be 

addressed to: District Manager, BLM Las 

Cruces District Office, 1800 Marquess 

Street, Las Cruces, New Mexico 88005. 

FOR FURTHER INFORMATION CONTACT: Lori 

Allen, Realty Specialist, at the above 

address or at (575) 525–4454. 

SUPPLEMENTARY INFORMATION: In 

accordance with Section 7 of the Taylor 

Grazing Act (43 U.S.C. 315(f)), the 

following public land in Dona Ana 

County, New Mexico, has been 

examined and found suitable for 

classification for lease and/or 

conveyance to New Mexico State Parks 

under the provisions of the R&PP Act, 

as amended (43 U.S.C. 869 et seq.): 

New Mexico Principal Meridian 

T. 24 S., R. 1 E., 

Sec. 10, NE1⁄4, N1⁄2SE1⁄4, SE1⁄4SE1⁄4, 

NE1⁄4SW1⁄4SE1⁄4, and 

N1⁄2SE1⁄4SW1⁄4SE1⁄4; 

Sec. 11, lots 7 to 10, inclusive, SW1⁄4NW1⁄4, 

NW1⁄4SW1⁄4, NE1⁄4SW1⁄4, SW1⁄4SW1⁄4, 

and N1⁄2SE1⁄4SW1⁄4, N1⁄2SW1⁄4SE1⁄4; 

Sec. 12, lot 1; 

Sec. 13, portions of lot 6 (the exact acreage 

and legal description will be determined 

by a cadastral survey); 

Sec. 14, N1⁄2N1⁄2NE1⁄4NE1⁄4. 

The area described contains 639 acres, 

more or less, in Dona Ana County, New 

Mexico. 

The portion of land identified in 

Section 13 is currently under a 

withdrawal to the Bureau of 

Reclamation (BOR). The BOR has 

submitted a partial withdrawal 

revocation request to the Las Cruces 

District Office. A cadastral survey is 

necessary to delineate the portion that 

would be revoked. Once returned to the 

BLM, this parcel of land could then be 

leased and/or conveyed to New Mexico 

State Parks through the R&PP Act. This 

Notice acts as the public notice for all 

parcels. 

In accordance with the R&PP Act, 

New Mexico State Parks proposes to 

construct a park for the purpose of 

meeting recreational needs for the 

community of Las Cruces. Additional 

detailed information pertaining to this 

application, plan of development, and 

site plans are in case file NMNM 117441 

located in the BLM Las Cruces District 

Office. Lease and/or conveyance of the 

land to New Mexico State Parks is 

consistent with the Mimbres Resource 

Management Plan, dated December 

1993, and would be in the public 

interest. New Mexico State Parks has 

not applied for more than the 6,400-acre 

limitation for recreation use in a year 

and has submitted a statement in 

compliance with the regulation at 43 

CFR 2741.4(b). 

The lease and/or conveyance, when 

issued, will be subject to the following 

terms, conditions, and reservations: 

1. Provisions of the R&PP Act and all 

applicable regulations of the Secretary 

of the Interior, including, but not 

limited to, the terms required by 43 CFR 

2741.9. 

2. A right-of-way for ditches and 

canals constructed by the authority of 

the United States, Act of August 30, 

1890 (43 U.S.C. 945). 

3. Lease and/or patent of the public 

land shall be subject to valid existing 

rights. Subject to limitations prescribed 

by law and regulation, prior to patent 

issuance, a holder of any right-of-way 

within the lease area may be given the 

opportunity to amend the right-of-way 

for conversion to a new term, including 

perpetuity, if applicable. 

4. All minerals shall be reserved to 

the United States, together with the 

right to prospect for, mine, and remove 

the minerals. 

5. Any other reservations that the 

authorized officer determines 

appropriate to ensure public access and 

proper management of Federal land and 

interests therein. 

6. An appropriate indemnification 

clause protecting the United States from 

claims arising out of the lessee/ 

patentee’s use, occupancy, or operations 

on the property. 

Detailed information concerning this 

proposed project, including, but not 

limited to documentation relating to 

compliance with applicable 

environmental and cultural resource 

laws, is available for review at the 

address above. 

On July 23, 2009, the land described 

above will be segregated from all other 

forms of appropriation under the public 

land laws, including the general mining 

laws, except for lease and/or 

conveyance under the R&PP Act, and 

leasing under the mineral leasing laws. 

Interested parties may submit 

comments involving the suitability of 

the land for the proposed park. 

Comments on the classification are 

restricted to whether the land is 

physically suited for the proposal, 

where the use will maximize the future 

use or uses of the land, whether the use 

is consistent with local planning and 

zoning, or if the use is consistent with 

State and Federal programs. 

Interested parties may submit 

comments regarding the specific use 

proposed in the application and plan of 

development, whether the BLM 

followed proper administrative 

procedures in reaching the decision, or 

any other factor not directly related to 

the suitability of the land for R&PP use. 

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. Any adverse comments will be 

reviewed by the BLM State Director who 

may sustain, vacate, or modify this 

realty action. In the absence of any 

adverse comments, the classification 

will become effective September 21, 

2009. The land will not be available for 

lease or conveyance until after the 

classification becomes effective. 

(Authority: 43 CFR 2741.5) 

Bill Childress, 

District Management. 

[FR Doc. E9–17570 Filed 7–22–09; 8:45 am] 

BILLING CODE 4310–FB–P 


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