[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2743.3]

[Page 231-232]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2740_RECREATION AND PUBLIC PURPOSES ACT--Table of Contents
 
  Subpart 2743_Recreation and Public Purposes Act: Solid Waste Disposal
 
Sec. 2743.3  Leased disposal sites.

    (a) Upon request by or with the concurrence of the lessee, and only 
with the express approval of the Director, Bureau of Land Management, 
the authorized officer may issue a patent for those lands covered by a 
lease, or portion thereof, issued on or before November 9, 1988, that 
have been or will be used, as specified in the plan of development, for 
solid waste disposal or for any other purpose that the authorized 
officer determines may result in or include the disposal, placement, or 
release of any hazardous substance, subject to the following provisions:
    (1) All conveyances shall be consistent with the land use planning 
provisions contained in part 1600 of this

[[Page 232]]

title, and in compliance with the requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4371) and any other Federal 
and State laws and regulations applicable to the disposal of solid 
wastes and hazardous substances;
    (2) Conveyances shall be made only of lands classified for sale 
pursuant to the procedures and criteria in part 2400 of this title.
    (3) The authorized officer shall investigate the lands to be 
included in the patent to determine whether they are contaminated with 
hazardous substances. The authorized officer will require full 
reimbursement from the lessee for the costs of the investigation. The 
authorized officer may, in his or her discretion, make an exception to 
the requirement of full reimbursement if the applicant demonstrates that 
such costs would result in undue hardship. The investigation shall 
include but not be limited to the following:
    (i) A review of all records and inspection reports on file with the 
Bureau of Land Management, State, and local agencies relating to the 
history and use of the lands covered by a lease and any violations and 
enforcement problems that occurred during the term of the lease;
    (ii) Consultation with the lessee and users of the landfill 
concerning site management and a review of all reports and logs 
pertaining to the type and amount of solid waste deposited at the 
landfill;
    (iii) A visual inspection of the leased site; and
    (iv) An appropriate analysis of the soil, water and air associated 
with the area;
    (4) The investigation conducted under paragraph (a)(3) of this 
section must establish that the involved lands contain only those 
quantities and types of hazardous substances consistent with household 
wastes, or wastes from conditionally exempt small quantity generators 
(40 CFR 261.5), and there is a reasonable basis to believe that the 
contents of the leased disposal site do not threaten human health and 
the environment; and
    (5) The applicant shall present certification from the State agency 
or agencies responsible for environmental protection and enforcement 
that they have reviewed all records, inspection reports, studies, and 
other materials produced or considered in the course of the 
investigation and that based on these documents, such agency or agencies 
agree with the authorized officer that the contents of the leased 
disposal site in question do not threaten human health and the 
environment.
    (b) The authorized officer shall not convey lands identified in 
paragraph (a) of this section if the investigation concludes that the 
lands contain hazardous substances at concentrations that threaten human 
health and the environment.
    (c) The authorized officer shall retain as permanent records all 
environmental analyses and appropriate documentation, investigation 
reports, State certifications, and other materials produced or 
considered in determining the suitability of public lands for conveyance 
under this section.