[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2743.2]



[Page 226-227]

 

                    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.  2743.2  New disposal sites.



    (a) Public lands may be conveyed for the purpose of solid waste 

disposal or for any other purpose that the authorized officer determines 

may include the disposal, placement, or release of any hazardous 

substance subject to the following provisions:

    (1) The applicant shall furnish a copy of the application, plan of 

development, and any other information concerning the proposed use to 

all Federal and State agencies with responsibility for enforcement of 

laws applicable to lands used for the disposal, placement, or release of 

solid waste or any hazardous substance. The applicant shall include 

proof of this notification in the application filed with the authorized 

officer;

    (2) The proposed use covered by an application shall be consistent 

with the land use planning provisions contained in part 1600 of this 

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;

    (3) Conveyance shall be made only of lands classified for sale 

pursuant to the procedures and criteria in part 2400 of this title;

    (4) The applicant shall warrant that it will indemnify and hold the 

United States harmless against any liability that may arise out of any 

violation of



[[Page 227]]



Federal or State law in connection with the use of the lands;

    (5) The authorized officer shall investigate the lands covered by an 

application to determine whether or not any hazardous substance is 

present. The authorized officer will require full reimbursement from the 

applicant 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:

    (i) A review of available records related to the history and use of 

the land;

    (ii) A visual inspection of the property; and

    (iii) An appropriate analysis of the soil, water and air associated 

with the area;

    (6) The investigation conducted under paragraph (a)(5) of this 

section must disclose no hazardous substances and there is a reasonable 

basis to believe that no such substances are present; and

    (7) 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 no hazardous substances are 

present on the property.

    (b) The authorized officer shall not convey public lands covered by 

an application if hazardous substances are known to be present.

    (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.