[Federal Register Volume 76, Number 19 (Friday, January 28, 2011)]
[Notices]
[Pages 5200-5201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1837]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCAD-0800-1430-ER; CACA 4318]
Notice of Realty Action; Recreation and Public Purposes Act
Classification; California
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of realty action.
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SUMMARY: The Bureau of Land Management (BLM) has examined and found
suitable for classification and conveyance under Section 7 of the
Taylor Grazing Act, 43 U.S.C. 315f, and the provisions of the
Recreation and Public Purposes (R&PP) Act, as amended, 50.15 acres of
public land in County of Inyo, California. The County of Inyo has filed
an R&PP application to purchase the 50.15-acre parcel of public land
that contains a closed solid waste landfill facility.
DATES: Comments of interested persons must be received in the BLM
Barstow Field Office at the address below on or before March 14, 2011.
Only written comments will be accepted.
ADDRESSES: Bureau of Land Management, Barstow Field Office, 2601
Barstow Road, Barstow, California 92311.
FOR FURTHER INFORMATION CONTACT: Birgit Hoover, Realty Specialist, BLM
Barstow Field Office, (760) 252-6035. Detailed information concerning
this action, including but not limited to documentation related to
compliance with applicable environmental and cultural resource laws, is
available for review at the BLM Barstow Field Office at the address
above.
SUPPLEMENTARY INFORMATION: The following described public land in Inyo
County, California has been examined and found suitable for
classification and conveyance under Section 7 of the Taylor Grazing
Act, 43 U.S.C. 315f, and the provisions of the R&PP Act as amended, 43
U.S.C. 869 et seq., and is hereby classified accordingly:
San Bernardino Meridian
T. 22N., R. 7E.,
sec. 29, SE\1/4\SW\1/4\SE\1/4\ and SW\1/4\SE\1/4\SE\1/4\;
sec. 32, NW\1/4\NE\1/4\NE\1/4\ and E \1/2\NW\1/4\NE\1/4\.
The area described contains 50.15 acres in Inyo County.
The land is not needed for any Federal purpose. The County of Inyo
has leased the described property from BLM since May of 1983. The
described property will be conveyed to the County of Inyo without
possibility of reverter to the United States pursuant to 43 CFR 2743.3-
1(c). The conveyance is consistent with current Bureau land use
planning and would be in the public interest. The patent, if issued,
will be subject to the provisions of the R&PP Act and applicable
regulations of the Secretary of the Interior, in particular, but not
limited to 43 CFR 2743.3-1, and will contain the following additional
reservations, terms, and conditions:
1. A right-of-way thereon for ditches or canals constructed by the
authority of the United States pursuant to the 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 the minerals under
applicable laws and such regulations as the Secretary of the Interior
may prescribe, including all necessary access and exit rights.
3. The patent, if issued, will be subject to all valid existing
rights.
4. The patentee, by accepting a patent, covenants and agrees to
indemnify, defend, and hold the United States and its officers, agents,
representatives, and employees (hereinafter referred to in this clause
as the ``United States'') harmless from any costs, damages, claims,
causes of action, penalties, fines, liabilities, and judgments of any
kind or nature arising from the past, present, and future acts or
omissions of the patentees or their employees, agents, contractors, or
lessees, or any third party, arising out of or in connection with the
patentees' use, occupancy, or operations on the patented real property.
This indemnification and hold harmless agreement includes, but is not
limited to, acts and omissions of the patentees and their employees,
agents, contractors, or lessees, or any third party, arising out of or
in connection with the use and/or occupancy of the patented real
property which has already resulted or does hereafter result in: (a)
Violations of Federal, State, and local laws and regulations that are
now or may in the future become, applicable to the real property; (b)
Judgments, claims, or demands of any kind assessed against the United
States; (c) Costs, expenses, or damages of any kind incurred by the
United States; (d) Releases or threatened releases of solid or
hazardous waste(s) and/or hazardous
[[Page 5201]]
substances(s), as defined by Federal or State environmental laws, off,
on, into or under land, property and other interests of the United
States; (e) Activities by which solids or hazardous substances or
wastes, as defined by Federal and State environmental laws are
generated, released, stored, used or otherwise disposed of on the
patented real property, and any cleanup response, remedial action or
other actions related in any manner to said solid or hazardous
substances or wastes; or (f) Natural resource damages as defined by
Federal and State law. This covenant shall be construed as running with
the above described parcel of land patented or otherwise conveyed by
the United States, and may be enforced by the United States in a court
of competent jurisdiction.
5. Pursuant to the requirements established by Section 120(h) of
the Comprehensive Environmental Response, Compensation and Liability
Act, 42 U.S.C 9620(h) (CERCLA), as amended by the Superfund Amendments
and Reauthorization Act of 1988, 100 Stat. 1670, notice is hereby given
that the above-described parcel has been examined and no evidence was
found to indicate that any hazardous substances have been stored for 1
year or more, nor had any hazardous substances been disposed of or
released on the subject property.
6. Upon publication of this notice in the Federal Register, the
public land described above is segregated from all forms of
appropriation under the public land laws, including the general mining
laws, except for conveyance under the R&PP Act. Interested parties may
submit comments regarding the proposed conveyance classification of the
lands for a period of 45 days from the date of publication of this
notice in the Federal Register.
Classification Comments: Interested parties may submit comments
involving the suitability of the land for a closed solid waste
facility. Comments on the classification are restricted to whether the
land is physically suited for the proposal, whether the use will
maximize the future use or uses of the land, whether the use is
consistent with local planning and zoning, or if the use is consistent
with State and Federal programs. The classification of the land
described in this Notice will become effective March 29, 2011. The land
will not be offered for conveyance until after the classification
becomes effective.
Application 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 a closed solid waste facility. Any
adverse comments will be reviewed by the BLM California State Director
who may sustain, vacate, or modify this realty action. In the absence
of any adverse comments, this realty action will become the final
determination of the Department of the Interior.
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. In the absence of any adverse comments, the
classification of the land described in this notice will become
effective March 29, 2011. The land will not be available for conveyance
until after the classification becomes effective.
(Authority: 43 CFR 2741.5)
Karla D. Norris,
Associate Deputy State Director.
[FR Doc. 2011-1837 Filed 1-27-11; 8:45 am]
BILLING CODE 4310-40-P