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Notice of Realty Action; Direct Sale of Public Land, Rio Arriba County, New Mexico

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: February 10, 2005 (Volume 70, Number 27)]
[Notices]
[Page 7116-7117]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe05-87]

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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NM-070-1430-01; NMNM111069]
 
Notice of Realty Action; Direct Sale of Public Land, Rio Arriba 
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) proposes to dispose of 
22.07 acres of Federal land in Rio Arriba County, New Mexico by direct 
sale to the existing tenant in possession of the land.

DATES: Submit comments regarding the proposed sale to BLM on or before 
March 28, 2005.

ADDRESSES: Comments should be mailed or delivered to: Field Manager, 
Farmington Field Office, Bureau of Land Management, 1235 La Plata 
Highway, Farmington, NM 87401.
    The BLM Field Manager, Farmington Field Office, will review any 
adverse comments and may sustain, vacate, or modify this realty action. 
In the absence of any adverse comments, this realty action becomes the 
final determination of the Department of the Interior and will take 
effective on April 11, 2005.

FOR FURTHER INFORMATION CONTACT: Mary Jo Albin, Realty Specialist, at 
the BLM, Farmington Field Office, at (505) 599-6332. Information 
related to this action, including the environmental assessment, 
Environmental Site Assessment and appraisal, are available for review 
at the BLM, Farmington Field Office at the address stated above.

[[Page 7117]]

SUPPLEMENTARY INFORMATION: The BLM proposes to dispose of the following 
described lands in Rio Arriba County, New Mexico by direct sale 
pursuant to section 203 of the Federal Land Policy and Management Act 
of October 21, 1976 (43 U.S.C. 1713): New Mexico Principal Meridian, T. 
23 N., R. 6 W., Sec. 18: Lots 8, 11, Containing 22.07 acres.
    The fair market value (FMV) for the lands, exclusive of 
improvements, is $26,484.00 as determined by a current appraisal 
conducted in accordance with Department of the Interior policies and 
guidelines. Disposal of the land conforms to the BLM land use plan for 
the area.
    The proposed purchaser is Merrion Oil & Gas Corporation (Merrion) 
of Farmington, New Mexico. For many years, Merrion has occupied the 
above described lands as the tenant under a lease for an oil and gas 
field storage yard and operating center. The parcel of Federal land 
proposed for sale has been surveyed and reduced to the 22.07 acres 
occupied by the storage yard and operating center. The proposed direct 
sale recognizes the current authorized uses of the Federal land by 
Merrion and the substantial economic loss that could occur to Merrion 
if the land was purchased by another party, consistent with the 
provisions of 43 CFR 2711.3-3(a)(3). These uses over time may have also 
resulted in the release or disposal of hazardous substances onto the 
leased land under Merrion's possession and control, thus, if such is 
the case, subjecting the United States, as owner of the land, to 
compliance with the requirements of section 120(h) of the Comprehensive 
Environmental Response Compensation and Liability Act, as amended 
(CERCLA), 42 U.S.C. 9620(h). Merrion is aware of its CERCLA 
responsibilities as a potential responsible party (PRP) and proposes to 
continue to use the lands as a storage yard and operation center with 
related buildings and facilities. Because Merrion is a PRP as to the 
leased land, Interior is not required to provide the covenants 
specified in section 120(h)(3)(A)(ii) of CERCLA., when and if it sells 
the land to Merrion.
    The sale, will contain and be subject to the following:

    1. Reservation to the United States of a right-of-way for 
ditches and canals in accordance with 43 U.S.C. 945.
    2. Reservation to the United States of all minerals.
    3. Valid existing rights, including but not limited to 
easements, licenses, permits or leases, whether or not of record.
    4. The information required by CERCLA section 120(h)(3)(A)(i) to 
be set forth in the deed.
    5. The indemnity provisions set forth as a separate paragraph 
immediately below in this Notice.

    By accepting title, Merrion, for itself, its successors, assigns 
and grantees, agrees to indemnify the United States against any 
liability arising from the release or threatened release of hazardous 
waste on this property. This agreement applies without regard to 
whether a release is caused by the proponent, their agent, or unrelated 
third parties.
    The proposed sale and conveyance of the above described lands will 
be in the public interest, because it will enhance economic development 
by allowing Merrion to further develop and improve the lands free of 
existing lease restrictions and it will relieve the United States of 
any requirement it may be subject to under section 120(h)(3)(A)(ii) of 
CERCLA.
    Publication of this notice temporarily segregates the public land 
described above from all forms of appropriation under the public land 
laws, including the general mining laws, except for sale under Section 
203 of the Federal Land Policy and Management Act of 1976.

    Dated: September 1, 2004.
Ray Sanchez,
Supervisor for Lands & Realty.
[FR Doc. 05-2538 Filed 2-9-05; 8:45 am]

 
 

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