[Federal Register Volume 59, Number 227 (Monday, November 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29125]
[Federal Register: November 28, 1994]
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DEPARTMENT OF THE INTERIOR
[NM-037-1430-01]
Sale of Public Land in Otero 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) announces that the
following described parcels of public land have been examined and
identified as suitable for disposal by sale under Section 203 and
Section 209(b) of the Federal Land Policy and Management Act (FLPMA) of
1976 (90 Stat. 2740; 43 U.S.C. 1713) at no less than the appraised fair
market value shown. The parcels are isolated, difficult and
uneconomical to manage as part of the public land, and are not suitable
for management by another Federal department or agency. Mineral estate
will be conveyed simultaneously with each parcel. The sale is
consistent with the BLM's planning efforts, and the public interest
will be served by offering this land for sale.
Sale Method
Parcels 2 and 5 will be offered for sale using competitive bidding
procedures (43 CFR 2711.3-1). Parcels 1, 3, 4, 6, 7, 8, and 9 will be
offered to the listed parties through direct sale procedures not less
than 60 days from publication of this notice (43 CFR 2711.3-3).
Parcel Information
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Legal Description, NMPM
Parcel No. Serial NM --------------------------------------- Lot Acreage Appraised Method of sale
NM Twnshp. Range Section value
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1................................. 92996 15 S., 10 E., 34 1 00.58 $1,120 Direct sale to William Danley.
2................................. 93533 15 S., 10 E., 34 2 39.50 77,220 Competitive sale.
3................................. 91682 15 S., 10 E., 34 3 00.31 620 Direct sale to C. J. Dugan.
4................................. 91682 15 S., 10 E., 34 4 00.83 1,660 Direct sale to C. J. Dugan.
5................................. 93534 15 S., 10 E., 34 5 37.85 88,600 Competitive sale.
6................................. 92991 15 S., 10 E., 34 6 00.44 250 Direct sale to Fred L. Tidwell.
7................................. 91635 15 S., 10 E., 34 7 01.06 1,650 Direct sale to Synergy Gas Corp.
8................................. 92992 15 S., 10 E., 34 8 00.09 150 Direct sale to S. W. Atkins.
9................................. 92993 15 S., 10 E., 34 9 00.06 120 Direct sale to Alexander Moulding
Mill Co., NM.
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Sales Procedures
The sale of parcels 2 and 5 will be by competitive sealed bids
followed by oral bidding. Sealed bids will be considered only if
received in the Caballo Resource Area, 1800 Marquess, Las Cruces, New
Mexico, 88005 before 10:00 a.m. on January 30, 1995, the day of the
sale. Oral bids will be accepted commencing at 10:30 a.m., following
the opening of all sealed bids, at the same place on the same sale
date. Sealed bids of less than the appraised fair market value will be
rejected. The apparent highest qualified sealed bid will be publicly
declared by the Authorized Officer. The apparent highest qualified
sealed bid will then become the starting point for the oral bidding. If
no apparent qualified sealed bids are received, the oral bidding will
start at the appraised fair market value. In the absence of oral bids,
the apparent highest qualified sealed bid will establish the sale price
for the parcel. In the event that two or more sealed bids are received
containing valid bids of the same amount for the same parcel, and no
higher oral bid is received for that parcel, the determination of which
is to be considered the highest designated bid will be by supplemental
bidding. In such a case, the high bidders will be allowed to submit
oral or sealed bids as designated by the Authorized Officer. After oral
bids are received, the highest qualifying bid, whether sealed or oral,
shall be declared by the Authorized Officer.
All bidders must be 18 years of age or older and United States
citizens, and corporations must be subject to the laws of any state or
of the United States. Apparent high bidders must submit proof of these
requirements within 15 days after the sale date. Bids must be made by
the principal or his duly qualified agent. Each sealed bid must be
written or typed and accompanied by postal money order, bank draft, or
cashier's check made payable to the Department of the Interior, Bureau
of Land Management, for not less than 10 percent or more than 30
percent of the amount of the bid. The sealed bid envelope containing
the bid and the required amount must be marked in the lower left-hand
corner as follows:
Public Sale Bid Parcel No.---------------------------------------------
Serial No.-------------------------------------------------------------
Sale Held (Date)-------------------------------------------------------
Each successful oral bidder will be required to pay not less than
20 percent of the amount of the bid immediately following the sale.
Payment must be by cash, personal check, bank draft, money order, or
any combination of these.
Successful bidders, whether such bid is oral or sealed, will be
required to pay the remainder of the sale price prior to expiration of
180 days from the date of the sale. In addition, the successful bidders
for the lots offered by competitive sale will be required to submit a
$50.00 filing fee and application to purchase the mineral interests.
Failure to submit the full sale price within the above specified time
limit will result in cancellation of the sale of the specific parcel,
and the deposit will be forfeited and disposed as other receipts of
sale.
All sealed bids will be either returned, accepted, or rejected
within 30 days of the sale date. Competitive sale parcels not sold on
the day of the sale will be reoffered for sale every first Tuesday of
each month, same time and place, by the same sale procedures described
above until sold or until April 28, 1995, at close of business.
On parcels 1, 3, 4, 6, 7, 8, and 9: should any of the listed
parties decline to purchase an offered parcel within the time allotted,
the unsold parcel will then be reoffered by open competitive bidding
procedures described above, every first Tuesday of each month, same
time and place, until sold or until April 28, 1995, at the close of
business.
In the event that the Authorized Officer rejects the highest
qualified bid for any of the above parcels, or releases the bidder from
it, the Authorized Officer shall determine whether the public land
shall be withdrawn from the market or reoffered.
Terms and Conditions
Terms and conditions applicable to the sale are:
1. The patents, when and if issued, will contain a reservation to
the United States for ditches and canals.
2. On parcels 1 and 2 the land will be subject to a 30-foot
easement on the north end of the parcel.
3. On parcels 5, 6, 7, and 8, land will be subject to the highway
right-of-way.
4. Parcel 5 is subject to ROW NMLC066065 for Plains Electric.
5. On Parcel 5, the land will be subject to a 15-foot easement on
the south end of the parcel.
DATES: For a period of 45 days, interested parties may submit comments
regarding the proposed action to the Caballo Resource Area Manager by
January 12, 1995.
ADDRESSES: Comments should be sent to the Bureau of Land Management,
Caballo Resource Area, 1800 Marquess, Las Cruces, New Mexico, 88005.
FOR FURTHER INFORMATION: Additional information concerning the land,
terms and conditions of sale, and bidding instructions may be obtained
from the Caballo Resource Area Office at the above address. Telephone
calls may be directed to Bernie Creager (505) 525-4325 or Lorraine
Salas (505) 525-4388.
SUPPLEMENTARY INFORMATION: Comments must reference specific parcel
numbers. Adverse comments received on specific parcels will not affect
the sale of any other parcel. Objections will be reviewed by the State
Director who may sustain, vacate or modify this realty action. In the
absence of any objections, this realty action will become the final
determination of the Department of the Interior.
Upon publication in the Federal Register, the lands described above
will be segregated from appropriation under the public land laws,
including the mining laws. The segregative effect of this Notice of
Realty Action shall terminate upon issuance of patent or other document
of conveyance to such land, upon publication in the Federal Register of
a termination of the segregation or 270 days from the date of
publication, whichever occurs first.
The BLM may accept or reject any offer to purchase or withdraw any
tract from sale if the Authorized Officer determines that consummation
of the sale would not be fully consistent with the FLPMA or another
applicable law.
Dated: November 14, 1994.
Richard T. Watts,
Acting District Manager.
[FR Doc. 94-29125 Filed 11-25-94; 8:45 am]
BILLING CODE 4310-FB-M