[Federal Register Volume 76, Number 26 (Tuesday, February 8, 2011)]
[Notices]
[Pages 6816-6818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2710]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNML003100 L14300000.ES0000; NMNM 122361]
Notice of Realty Action: Recreation and Public Purposes Act
Classification; Lease and Conveyance of Public Land, Do[ntilde]a Ana
County, New Mexico
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Realty Action.
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SUMMARY: The Cultural Department of the State of New Mexico has filed
an application with the Bureau of Land Management (BLM) for lease and/
or conveyance of approximately 33.01 acres of public lands, in two
individual parcels, under the Recreation and Public Purposes (R&PP)
Act, as amended. The lands are proposed to be used for the construction
of a Veteran's Museum and a park in Do[ntilde]a Ana County, New Mexico.
The BLM has examined the lands and found them suitable to be classified
for lease and/or conveyance under the provisions of the R&PP Act, as
amended.
DATES: Interested parties may submit written comments regarding the
proposed classification for lease and/or conveyance of the lands on or
before March 25, 2011.
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: Frances Martinez, Realty Specialist,
at the above address, by phone (575) 525-4385, or by e-mail at:
[email protected].
SUPPLEMENTARY INFORMATION: In accordance with Section 7 of the Taylor
Grazing Act, 43 U.S.C. 315(f), and Executive Order No. 6910, the
following public lands in Do[ntilde]a Ana County, New Mexico, have been
examined and found suitable for classification for lease and/or
conveyance to the Cultural Department of the State of New Mexico, under
the provisions of the R&PP Act, as amended, (43 U.S.C. 869 et seq.).
The lands, located in the Las Cruces metropolitan area, are hereby
classified accordingly and described below:
[[Page 6817]]
Museum Parcel
New Mexico Principal Meridian
T. 22 S., R. 2 E.,
Sec. 28, lot 22.
The area described contains 13.61 acres in Do[ntilde]a Ana County,
according to the official plat of the survey of the said land, on file
in the BLM Las Cruces District Office.
Park Parcel
New Mexico Principal Meridian
T. 22 S., R. 2 E.,
Sec. 28, lot 43.
The area described contains 19.40 acres in Do[ntilde]a Ana County,
according to the official plat of the survey of the said land, on file
in the BLM Las Cruces District.
In accordance with the R&PP Act, the Cultural Department of the
State of New Mexico filed an application for the above described 33.01
acres of public lands for a proposed New Mexico Veteran's Museum and
Park. The Museum and Park would be situated adjacent to Highway 70 in
Las Cruces, New Mexico; a desirable location because of high traffic.
The Museum facility would be the centerpiece of a campus of indoor and
outdoor facilities including a parking area, Veteran's Services Center,
and a building for the care, restoration and storage of artifacts. The
Park, located near the Veteran's Museum facility, would feature a
military style, grass-parade grounds with public seating, an
amphitheater, and a family playground and picnic area. The facility
would service the entire State of New Mexico and other visitors from
across the United States.
Using the BLM R&PP Pricing Guidelines, it has been determined there
will be no cost for the lease and/or conveyance of the Park parcel and
the rental and sale price of the lease and/or conveyance of the Museum
parcel will be determined at regular pricing and will be one-half of
fair market value. The public lands would first be leased under the
provisions of 43 CFR 2912 for a period of time prior to issuance of a
patent to ensure development of the subject public lands in accordance
with the development plan and compliance with the approved management
plan. The lands would be periodically examined to determine whether the
lessee or patentee has complied with the terms of the lease or patent.
Additional detailed information pertaining to this application,
plan of development, and site plans is contained in case file NMNM
122361 located at the BLM Las Cruces District Office at the address
above.
The lands are not needed for any Federal purpose. Lease and/or
conveyance of these lands is consistent with the BLM Mimbres Resource
Management Plan, dated December 1993, and would be in the public
interest. The Cultural Department has not applied for more than 640
acres for the Museum and Park in a year, the limit set in 43 CFR
2741.7(a)(2), and has submitted a statement in compliance with the
regulations at 43 CFR 2741.4(b).
Any lease or conveyance will be subject to the provisions of the
R&PP Act, including but not limited to, the terms required by 43 CFR
2741.9, and applicable regulations of the Secretary of the Interior.
Any lease or conveyance of these lands will also contain the following
reservations to the United States:
1. 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);
2. All mineral deposits in the lands so patented, and to it, or
persons authorized by it, 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. Right-of-way NMNM 022519 for highway purposes as have been
granted to the New Mexico Highway and Transportation Department, its
successors or assigns, for a Federal Aid Project across public land,
pursuant to Section 17 of the Federal Highway Act of November 9, 1921,
(42 Stat. 216, 23 U.S.C. Sec. 18); and
4. Any other reservations that the authorized officer determines
appropriate to ensure public access and proper management of Federal
lands and interests therein.
Any lease or conveyance of the public lands will contain any terms
or conditions required by law or regulation, including, but not limited
to, any terms or conditions required by 43 CFR 2741.9; and will contain
an appropriate indemnification clause protecting the United States from
claims arising out of the lessee's or patentee's use, occupancy, or
operations on the leased or conveyed lands. It will also contain any
other terms or conditions deemed necessary or appropriate by the
authorized officer. Any lease or patent of the public lands will be
subject to valid existing rights. Subject to limitations prescribed by
law and regulation, prior to conveyance, 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.
Lease and/or conveyance of the public land shall be subject to
valid existing rights and the following rights-of-way:
1. Right-of-way NMNM 0554552 for transmission line purposes granted
to El Paso Electric Company, its successors or assigns, pursuant to the
Act of March 4, 1911 (36 Stat. 1253; 43 U.S.C. 961), as amended;
2. Right-of-way NMNM 0000895 for transmission line purposes granted
to El Paso Electric Company, its successors or assigns, pursuant to the
Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761);
3. Right-of-way NMNM 12777 for telephone line purposes granted to
Qwest Corporation, its successors or assigns, pursuant to the Act of
March 4, 1911 (36 Stat. 1253; 43 U.S.C. 961), as amended;
4. Right-of-way NMNM 64780 for aerial line purposes granted to
Comcast of New Mexico, its successors or assigns, pursuant to the Act
of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761);
5. Right-of-way NMNM 63893 for transmission line purposes granted
to El Paso Electric Company, its successors or assigns, pursuant to the
Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761);
6. Right-of-way NMNM 86821 for gas pipeline purposes granted to Rio
Grande Natural Gas, its successors or assigns, pursuant to Section 28
of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 185); and
7. Right-of-way NMNM 104169 for water pipeline purposes granted to
City of Las Cruces, its successors or assigns, pursuant to Title V of
the Federal Land Policy and Management Act of October 21, 1976 (90
Stat. 2776; 43 U.S.C. 1761).
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 BLM Las Cruces District Office at the address above.
Upon publication of this Notice in the Federal Register, the lands
described will be segregated from appropriation under the public land
laws, including the general mining laws, except for lease or conveyance
under the R&PP Act and leasing under the mineral leasing laws.
Classification Comments: Interested parties may submit comments
involving the suitability of the lands for the proposed museum and
park. Comments on the classification are restricted to whether the
lands are physically suited for the proposal, whether the use will
maximize the future use or uses of the lands, whether the use is
consistent with local planning and zoning, or if the
[[Page 6818]]
use is consistent with State and Federal programs.
Additional Comments: 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 Act 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 New Mexico State
Director, who may sustain, vacate, or modify this realty action. In the
absence of any adverse comments, the classification of the land
described in this notice will become effective on April 11, 2011. The
lands will not be available for lease and/or conveyance until after the
classification becomes effective.
Authority: 43 CFR 2741.5.
Bill Childress,
District Manager, Las Cruces.
[FR Doc. 2011-2710 Filed 2-7-11; 8:45 am]
BILLING CODE 4310-VC-P