Notice2024-27986

Notice of Realty Action: Non-Competitive (Direct) Land Sale in Eddy County, New Mexico

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
November 29, 2024

Issuing agencies

Interior DepartmentLand Management Bureau

Abstract

The Bureau of Land Management (BLM) Carlsbad Field Office is proposing a non-competitive direct sale of 199.89 acres of public land in Eddy County, New Mexico, to the county. The purpose of the sale is for the county to build a light industrial, commercial, and retail activity area. The sale would be subject to the applicable provisions of the Federal Land Policy and Management Act of 1976 (FLPMA), as amended, and BLM land sale regulations. The sale would be for no less than the appraised fair market value of $1.3 million.

Full Text

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<title>Federal Register, Volume 89 Issue 230 (Friday, November 29, 2024)</title>
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[Federal Register Volume 89, Number 230 (Friday, November 29, 2024)]
[Notices]
[Pages 94758-94759]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27986]



[[Page 94758]]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[BLM_NM_FRN_MO4500175885; NMNM-144081]


Notice of Realty Action: Non-Competitive (Direct) Land Sale in 
Eddy County, New Mexico

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) Carlsbad Field Office is 
proposing a non-competitive direct sale of 199.89 acres of public land 
in Eddy County, New Mexico, to the county. The purpose of the sale is 
for the county to build a light industrial, commercial, and retail 
activity area. The sale would be subject to the applicable provisions 
of the Federal Land Policy and Management Act of 1976 (FLPMA), as 
amended, and BLM land sale regulations. The sale would be for no less 
than the appraised fair market value of $1.3 million.

DATES: Interested parties may submit written comments until January 13, 
2025.

ADDRESSES: Send written comments to the BLM Field Manager, Carlsbad 
Field Office, 620 East Greene Street, Carlsbad, New Mexico 88220, or 
submit them online at <a href="https://eplanning.blm.gov/eplanning-ui/admin/project/2026187/510">https://eplanning.blm.gov/eplanning-ui/admin/project/2026187/510</a>.

FOR FURTHER INFORMATION CONTACT: BLM Realty Specialist Tessa Telles at 
telephone: (575) 234-5980, email: <a href="/cdn-cgi/l/email-protection#ef9b9b8a83838a9caf8d8382c1888099"><span class="__cf_email__" data-cfemail="592d2d3c35353c2a193b3534773e362f">[email&#160;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 for contacting Ms. Telles. 
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 parcel is east of Carlsbad, New Mexico, 
and is legally described as:

New Mexico Principal Meridian, New Mexico

T. 22 S., R. 27 E.,
    sec. 3, lot 2, SW\1/4\NE\1/4\, NW\1/4\SE\1/4\, and S\1/2\SE\1/
4\.

    The area described contains 199.89 acres, according to the official 
plat of the survey of the said land on file with the BLM.
    Facilities proposed for the sale parcel include a light industrial, 
commercial, and retail activity area, possibly a fire station, and 
related appurtenances. The area will support through traffic and enable 
expansion of businesses along the relief route. This planned 
development has the potential to create hundreds of service jobs in the 
area.
    The proposed sale conforms and is consistent with the BLM Carlsbad 
Field Office Resource Management Plan (RMP), approved in September 
2008. The lands are identified as available for disposal and listed by 
the legal description in Appendix R-11 of the RMP. A parcel-specific 
environmental assessment (EA), document number DOI-BLM-NM-P020-2023-
0918-EA, was prepared in connection with this realty action and may be 
viewed at <a href="https://eplanning.blm.gov/eplanning-ui/admin/project/2026187/510">https://eplanning.blm.gov/eplanning-ui/admin/project/2026187/510</a>.
    The EA, appraisal, maps, and environmental site assessment are in 
case file NMNM-144081, which is in the BLM Carlsbad Field Office at the 
above address. In addition to publication in the Federal Register, the 
BLM will also publish this notice in the Carlsbad Current Argus 
newspaper once a week for 3 consecutive weeks.
    The land is suitable for direct sale under FLPMA, without 
competition, consistent with 43 CFR 2711.3-3(a)(2), as direct sales may 
be used when, in the opinion of the authorized officer, a competitive 
sale is not appropriate and the public interest would best be served by 
a direct sale, including when ``a tract identified for sale that is an 
integral part of a project or public importance and speculative bidding 
would jeopardize a timely completion and economic viability of the 
project.''
    Pursuant to the requirements of 43 CFR 2711.1-2(d), publication of 
this notice in the Federal Register segregates the land from all forms 
of appropriation under the public land laws, including the mining laws, 
except for the sale provisions of FLPMA. Until completion of the sale, 
the BLM will no longer accept land use applications affecting this 
public land. The segregative effect will terminate upon issuance of a 
patent, publication in the Federal Register of termination of the 
segregation, or on November 30, 2026, unless extended by the BLM New 
Mexico State Director in accordance with 43 CFR 2711.1-2(d) prior to 
the termination date.
    The land is not required for any Federal purpose. The conveyance of 
the public land shall be subject to valid existing rights. Subject to 
limitations prescribed by law and regulations, prior to patent 
issuance, a holder of any right-of-way within the conveyance area may 
be given the opportunity to amend the right-of-way for conversion to a 
new term, including perpetuity, if applicable. The conveyance, if 
issued, will be subject to provisions of the non-competitive direct 
land sale and applicable regulations of the Secretary of the Interior, 
and will contain the following terms, conditions, and reservations to 
the United States:
    1. A 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. All minerals shall be reserved to the United States, together 
with the right to prospect for, mine, and remove such deposits from the 
same under applicable law and such regulations as the Secretary of the 
Interior may prescribe;
    3. All valid existing rights;
    4. Oil and gas leases NMNM 0473303A and NMNM 04540182 Simultaneous 
Public Domain Lease;
    5. Telephone line rights-of-way NMNM 0050127 and NMNM 040745 issued 
to Windstream Communications Inc., its successors or assigns, pursuant 
to the Act of February 25, 1920 (30 U.S.C. 181);
    6. Water plant rights-of-way NMNM 097956 and NMNM 053860 issued to 
the City of Carlsbad, its successors or assigns, pursuant to the Act of 
February 25, 1920 (30 U.S.C. 181);
    7. Water facility right-of-way NMNM 034163 issued to Broom 
Transportation, its successors or assigns, pursuant to the Act of 
February 25, 1920 (30 U.S.C. 181);
    8. Gas pipeline right-of-way NMNM 018923 issued to Enterprise Field 
Services, LLC, its successors or assigns, pursuant to the Act of 
February 25, 1920 (30 U.S.C. 181);
    9. Telephone line right-of-way NMNM 040746 issued to Valor 
Telecommunications of Texas LP, its successors or assigns, pursuant to 
the Act of February 25, 1920 (30 U.S.C. 181);
    10. Gas pipeline rights-of-way NMNM 108380, NMNM 110691, and NMNM 
111334 issued to DCP Operating Company, LP, its successors or assigns, 
pursuant to the Act of February 25, 1920 (30 U.S.C. 181); and
    11. An appropriate indemnification clause protecting the United 
States from claims arising out of the patentee's use, occupancy, or 
occupations on the patented lands. It will also contain any other terms 
and conditions deemed necessary and appropriate by the Authorized 
Officer.
    Any adverse comments will be reviewed by the BLM New Mexico State 
Director, who may sustain, vacate, or modify this realty action. In the 
absence

[[Page 94759]]

of any adverse comments, the decision will become effective on January 
28, 2025. 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 submitted to the BLM Carlsbad 
Field Manager will be considered properly filed.

(Authority: 43 CFR part 2710)

Melanie G. Barnes,
State Director.
[FR Doc. 2024-27986 Filed 11-27-24; 8:45 am]
BILLING CODE 4331-23-P


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Indexed from Federal Register on November 29, 2024.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.