[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: 43CFR2743.3]



[Page 227-228]

 

                    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 228]]



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.