[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Notices]
[Pages 65172-65173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25649]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNMA02000-L13400000]
Notice of Intent/Notice of Realty Action: Proposed Resource
Management Plan Amendment and Non-Competitive Direct Sale for the
Expansion of the San Jose Cemetery, Luis Lopez, Socorro County, NM
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Intent; Notice of Realty Action.
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SUMMARY: The Bureau of Land Management (BLM) is offering to sell a
parcel of public land containing 2.72 acres through a non-competitive
(direct) sale for the expansion of an existing cemetery at not less
than the appraised fair market value of $7,400 to the Roman Catholic
Church of the Archdiocese of Santa Fe San Miguel Parish. The sale is
subject to the applicable provisions of Sections 203 and 209 of the
Federal Land Policy and Management Act of 1976 (FLPMA), as amended, and
the BLM land sale and mineral conveyance regulations. In accordance to
Section 203 of FLPMA disposal criteria for sales, a resource management
plan (RMP) amendment is required establishing the disposal criteria
using the Section 202 FLPMA planning process.
DATES: Interested parties may submit written comments regarding the
resource management plan amendment and classification of the land for
direct sale, and the environmental assessment, on or before January 10,
2020. 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. Only written comments to the Field Manager, BLM Socorro
Field Office, will be considered properly filed. Any adverse comments
regarding the RMP amendment and non-competitive direct sale will be
reviewed by the BLM New Mexico State Director or other authorized
official of the Department of the Interior, who may sustain, vacate, or
modify this realty action in whole or in part.
ADDRESSES: Send written comments to the BLM Field Manager, Socorro
Field Office, 901 S. Hwy 85, Socorro, New Mexico 87801.
FOR FURTHER INFORMATION CONTACT: BLM Realty Specialist Virginia Alguire
at (575) 838-1290 or [email protected]. Persons who use a
telecommunications device for the deaf (TDD) may call the Federal Relay
Service (FRS) at 1-800-877-8339 to contact the above individual during
normal business hours. The FRS 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 will conduct a direct sale for the
following public land located in the unincorporated community of Luis
Lopez in Socorro County, New Mexico. Luis Lopez lies between Socorro
and San Antonio along the Rio Grande. The parcel of public land is
legally described as: New Mexico Principal Meridian, New Mexico: T. 4
S., R. 1 W., Section 1, Lot 11.
The area described contains 2.72 acres, in Socorro County, New
Mexico. Upon publication of the Notice, these public lands will be
segregated from all forms of appropriation under the public land laws,
including the mining laws, except for the sale provisions of FLPMA.
Upon publication of this Notice, and until completion of the sale, the
BLM will no longer accept land use applications affecting these public
lands. The segregated effect will terminate upon issuance of a patent,
publication in the Federal Register of a termination of the
segregation, or on November 26, 2021, unless extended by the BLM New
Mexico State Director in accordance with 43 CFR 2711.1-2(d) prior to
the termination date.
An Environmental Assessment will evaluate criteria under FLPMA,
Section 203(a)(3) and 43 CFR 2710.0-3(a)(2), that the disposal of such
tract will serve important public objectives, including but not limited
to, expansion of communities and economic development, which cannot be
achieved prudently or feasibly on lands other than public lands and
which outweigh other public objectives and values. Such tract, because
of its location or other characteristics, is difficult and uneconomic
to manage as part of the public lands, and is not suitable for
management by another Federal
[[Page 65173]]
department or agency. Consistent with Section 203 of FLPMA, a tract of
public land may be sold as a result of approved land use planning if
the sale of the tract meets the disposal criteria of that section. The
public land in question has been identified as suitable for disposal in
the BLM Socorro Resource Management Plan (RMP), Appendix F, pages 120
through 125, dated August 20, 2010. However, an RMP amendment is
required to establish the criteria to meet the FLPMA Section 203
regulation through planning. The underlying decision will amend the BLM
Socorro RMP establishing the FLPMA Section 203 sale criteria for the
parcel using the FLPMA Section 202 planning process as follows: ``Such
tract because of its location or other characteristics is difficult and
uneconomic to manage as part of the public lands, and is not suitable
for management by another Federal department or agency.''
``Disposal of such tract will serve important public objectives,
including but not limited to expansion of communities and economic
development, which cannot be achieved prudently or feasibly on land
other than public land and which outweighs other public objectives and
values, including but not limited to recreation and scenic values,
which would be served by maintaining such tract in Federal ownership.''
The parcel is not required for any other Federal purpose.
Regulations contained in 43 CFR 2711.3-3(a)(1) make allowances for
direct sales when a competitive sale is not appropriate and the public
interest would be best served by a direct sale. The parcel would be
transferred to the Archdiocese of Santa Fe and, given its location,
will be used for the expansion of the existing cemetery. This action is
consistent with 43 CFR part 2710, the objectives, goals, and decisions
of the RMP such as the lands and realty objective to make lands
available for community expansion and private economic development and
to increase the potential for economic diversity. The BLM has prepared
an environmental assessment (EA) DOI-BLM-NM-A020-2019-0045-RMP-EA for
the RMP amendment and non-competitive direct sale, and will make it
available for comment. The comment period on the EA will end
concurrently with the close of the comment period associated with this
Notice of Realty Action. The EA, environmental site assessment, mineral
potential report, map, and approved appraisal report will be made
available for review at the Socorro Field Office at the address in the
ADDRESSES section and online at the BLM ePlanning website at: https://go.usa.gov/xVYN8. The BLM proposes a non-competitive direct sale
because it serves an important local public objective of facilitating
the expansion of the existing cemetery. The public land will not be
offered for sale prior to 60 days from the date of publication of this
notice in the Federal Register. The patent, if issued, would be subject
to the following terms, conditions, and reservations:
1. A reservation for any right-of-way thereon for ditches or canals
constructed by the authority of the United States, Act of August 30,
1890 (43 U.S.C. 945).
2. The parcel is subject to all valid existing rights.
3. The purchaser, by accepting the patent, agrees to an
indemnification clause protecting the United States from claims arising
out of the patentee's use, occupancy, or occupations on the patented
lands.
Pursuant to the requirements established by Section 120(h) of the
Comprehensive Environmental Response, Compensation and Liability Act,
42 U.S.C. 9620(h) (CERCLA), as amended by the Superfund Amendments and
Reauthorization Act of 1988 (100 Stat. 1670), notice is hereby given
that the above lands have been examined and no evidence was found to
indicate that any hazardous substances have been stored for one year or
more, nor had any hazardous substances been disposed of or released on
the subject property. To the extent required by law, all parcels are
subject to the requirements of Section 120(h) of CERCLA.
No representation, warranty, or covenant of any kind, express or
implied, will be given or made by the United States, its officers, or
employees as to access to or from the above-described parcel of land,
the title to the land, whether or to what extent the land may be
developed, its physical condition, or its past, present or potential
uses, and the conveyance of any such parcel will not be on a
contingency basis. It is the responsibility of the buyer to be aware of
all applicable Federal, State, and local government policies and
regulations that would affect the subject lands. It is also the buyer's
responsibility to be aware of existing or prospective uses of nearby
properties. Lands without access from a public road or highway will be
conveyed as such, and future access acquisition will be the
responsibility of the buyer.
The BLM prepared a mineral potential report dated April 10, 2012,
which concluded that all mineral rights should be transferred. The
purchaser will have 30 days from the date of receiving the sale offer
to accept the offer and to submit a deposit of 20 percent of the
purchase price. The purchaser must remit the remainder of the purchase
price within 180 days from the date of the sale offer. Payments must be
by certified check, U.S. postal money order, bank draft, or cashier's
check, and made payable to the U.S. Department of the Interior-BLM. The
purchaser may also conduct an Electronic Funds Transfer (EFT). The
balance is due 2 weeks prior to the 180th day if the purchaser conducts
an EFT. Failure to meet conditions established for this sale will void
the sale and forfeit any payment(s) received.
Authority: 43 CFR 2711.1-2(a) and (c).
Timothy R. Spisak,
State Director.
[FR Doc. 2019-25649 Filed 11-25-19; 8:45 am]
BILLING CODE 4310-FB-P