Notice2022-21285
Notice of Realty Action: Non-Competitive Direct Sale for the Disposal of 1.4 Acres of Public Land in Rio Arriba County, NM
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 30, 2022
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
The Bureau of Land Management (BLM) is offering to sell a 1.4- acre parcel of public land at not less than the appraised fair market value of $14,000 to Gilbert Borrego through a non-competitive (direct) sale to resolve an unauthorized use of public lands. The sale is subject to the applicable provisions of the Federal Land Policy and Management Act of 1976, as amended (FLPMA), and the BLM land sale and mineral conveyance regulations.
Full Text
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<title>Federal Register, Volume 87 Issue 189 (Friday, September 30, 2022)</title>
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[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Notices]
[Pages 59449-59450]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21285]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNMF02000-L14400000.EU0000 223L1109AF]
Notice of Realty Action: Non-Competitive Direct Sale for the
Disposal of 1.4 Acres of Public Land in Rio Arriba County, NM
AGENCY: Bureau of Land Management, Department of the Interior.
ACTION: Notice of realty action.
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SUMMARY: The Bureau of Land Management (BLM) is offering to sell a 1.4-
acre parcel of public land at not less than the appraised fair market
value of $14,000 to Gilbert Borrego through a non-competitive (direct)
sale to resolve an unauthorized use of public lands. The sale is
subject to the applicable provisions of the Federal Land Policy and
Management Act of 1976, as amended (FLPMA), and the BLM land sale and
mineral conveyance regulations.
DATES: Interested parties may submit written comments regarding the
direct sale by November 14, 2022.
ADDRESSES: Send written comments to the BLM Field Manager, Taos Field
Office, 226 Cruz Alta Road, Taos, New Mexico 87571.
FOR FURTHER INFORMATION CONTACT: BLM Realty Specialist Mark T. Lujan at
(575) 751-4747, or <a href="/cdn-cgi/l/email-protection#d1bca5bda4bbb0bf91b3bdbcffb6bea7"><span class="__cf_email__" data-cfemail="89e4fde5fce3e8e7c9ebe5e4a7eee6ff">[email protected]</span></a>.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION: The BLM proposes to conduct a direct sale
for the following public land located in the unincorporated community
of Lyden in Rio Arriba County, New Mexico. Lyden is north of
Espa[ntilde]ola, New Mexico, along the Rio Grande. The parcel of public
land is legally described as:
Tract 24B within the Sebastian Martin Grant, Rio Arriba County,
New Mexico.
The area described contains 1.4 acres. Upon publication of this
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 segregation
will terminate upon issuance of a patent, publication in the Federal
Register of a termination of the segregation, or on September 30, 2024,
unless extended by the BLM New Mexico State Director in accordance with
43 CFR 2711.1-2(d) prior to the termination date.
The BLM proposes this direct sale of approximately 1.4 acres of
public land to Mr. Gilbert Borrego in Rio Arriba County, New Mexico, to
resolve an inadvertent trespass in accordance with a settlement
agreement entered between the United States of America vs. Gilbert
Borrego (12-cv-434-JB-GBW) in Federal District Court. An environmental
assessment (EA) has been prepared to 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. Under section 203 of
FLPMA, a tract of public land may be sold if the tract meets the
disposal criteria of that section as determined through the land use
planning process. The public land in question has been identified as
suitable for disposal by direct sale in the BLM Taos Resource
Management Plan, appendix F, pages 190 through 192, dated May 24, 2012,
because of its inadvertent unauthorized use or occupancy, as determined
by the authorized officer. Furthermore, the subject tract, because of
its location and 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. 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.
As noted earlier, the BLM has prepared an EA, DOI-BLM-NM-F020-2021-
0018-EA, for the non-competitive direct sale and has made 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 Taos Field Office at the address in the ADDRESSES section
and online at the BLM e-Planning website at:
[[Page 59450]]
<a href="https://eplanning.blm.gov/eplanning-ui/project/2015283/510">https://eplanning.blm.gov/eplanning-ui/project/2015283/510</a>.
The BLM proposes a non-competitive direct sale because it serves an
important local public objective of facilitating the settlement
agreement for the inadvertent trespass. The public land will not be
offered for sale prior to 45 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.
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.
The BLM prepared a mineral potential report dated October 30, 2020,
which concluded there are no known mineral values in the land. The
mineral estate should be transferred simultaneously with the surface
under the authority of Section 209 of FLPMA.
The BLM New Mexico State Director or other authorized official of
the Department of the Interior will review adverse comments regarding
the parcel and may sustain, vacate, or modify this realty action, in-
whole or in-part. In the absence of timely objections, this realty
action will become the final determination of the Department of the
Interior.
In addition to publication in the Federal Register, the BLM will
also publish this notice in the New Mexican, once a week, for 3
consecutive weeks.
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 Taos
Field Office, will be considered properly filed.
(Authority: 43 CFR 2711.1-2(a) and (c).)
Steven R. Wells,
Associate State Director.
[FR Doc. 2022-21285 Filed 9-29-22; 8:45 am]
BILLING CODE 4331-23-P
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</html>Indexed from Federal Register on September 30, 2022.
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