Direct Sale of Public Land; San Bernardino County, California, 40727-40728 [05-13881]
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Federal Register / Vol. 70, No. 134 / Thursday, July 14, 2005 / Notices
meeting for the purpose of being heard
on the proposed withdrawal extension
must submit a written request to the
Montana State Director, BLM within 90
days from the date of publication of this
notice. If the authorized officer
determines that a public meeting will be
held, a notice of the time and place will
be published in the Federal Register at
least 30 days before the scheduled date
of the meeting.
This withdrawal extension proposal
will be processed in accordance with
the applicable regulations set forth in 43
CFR 2310.4.
(Authority: 43 CFR 2310.3–1)
Dated: February 9, 2005.
Howard A. Lemm,
Deputy State Director, Division of Resources.
[FR Doc. 05–13887 Filed 7–13–05; 8:45 am]
BILLING CODE 4310–$$–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CA–650–1430–HN; CA–46267]
Direct Sale of Public Land; San
Bernardino County, California
Bureau of Land Management,
Interior.
ACTION: Notice of realty action.
AGENCY:
SUMMARY: A 39.99 acre parcel of public
land in San Bernardino County,
California is being considered for direct
sale to Searles Valley Minerals, Inc. to
resolve an unauthorized use of public
land. This land is difficult and
uneconomic to manage as part of the
public lands and is not suitable for
management by another Federal agency.
DATES: Interested parties may submit
comments to the Ridgecrest Field
Manager, at the below address.
Comments must be received by not later
than August 29, 2005. In the absence of
timely objections, this proposal shall
become the final determination of the
Department of the Interior.
ADDRESSES: Bureau of Land
Management, Ridgecrest Field Office
c/o California Desert District at 22835
Calle San Juan De Los Lagos, Moreno
Valley, California 92553.
FOR FURTHER INFORMATION CONTACT:
Janet Eubanks, Realty Specialist, at the
above address or at (951) 697–5376.
SUPPLEMENTARY INFORMATION: The
following described land has been
examined and found suitable for sale to
Searles Valley Minerals, Inc. utilizing
direct sale procedures, at not less than
the appraised fair market value of
$6,000. The land sale is contingent upon
VerDate jul<14>2003
18:32 Jul 13, 2005
Jkt 205001
the approval of the West Mojave Plan,
an amendment to the California Desert
Conservation Area Plan of 1980 and will
not be offered for sale until at least
September 12, 2005.
Mount Diablo Meridian, San Bernardino
County, California.
T. 25 S., R. 43 E.,
Sec. 21, lot 4.
Containing approximately 39.99 acres.
Authority for the sale is Section 203
of the Federal Land Policy and
Management Act of October 21, 1976
(43 U.S.C. 1713). The mineral interests
will be retained by the United States of
America. The patent, when issued, will
contain the following reservations to the
United States:
1. A right-of-way thereon for ditches
or canals constructed by the authority of
the United States. Act of August 30,
1890 (43 U.S.C. 945).
2. A mineral lease granted to KerrMcGee Chemical Corp. its successors or
assigns, under lease CALA 087312.
3. (a) The United States reserves to
itself all minerals in the lands subject to
this conveyance, including, without
limitation, substances subject to
disposition under the general mining
laws, the general mineral leasing laws,
the Materials Act and the Geothermal
Steam Act.
(b) The United States reserves to itself
its permittees, licensees, lessee and
mining claimants, the right to prospect
for, mine and remove the mineral
owned by the United States under
applicable law and such regulations as
the Secretary of the Interior may
prescribe. This reservation includes all
necessary and incidental activities
conducted in accordance with the
provisions of the mining, geothermal
and mineral leasing, and material
disposal laws in effect at the time such
activities are undertaken, including,
without limitation, necessary access and
exit rights, all drilling, underground,
open pit or surface mining operations,
storage and transportation facilities
deemed necessary and authorized under
law and implementing regulations.
(c) Mining claimants, permittees,
licensees and lessees of the United
States, shall only be liable for and shall
only compensate owners of the surface
estate for damages caused by their
actions or inactions and not related to
conditions on the real property relating
to or arising from the boiler ash or any
hazardous substances or solid waste
released, disposed of, or stored on the
real property.
(d) All causes of action brought to
enforce the rights of the surface owner
under the regulations above referred to
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
40727
shall be instituted against mining
claimants, permittees, licensees and
lessees of the United States; and the
United States shall not be liable for the
acts or omissions of its mining
claimants, permittees, licensees, or
lessees.
The proposed sale is also subject to
those rights for monitoring wells
granted to Kerr-McGee Chemical Corp.
by right-of-way serial number CACA–
034604, pursuant to Title V of the Act
of October 21, 1976 (43 U.S.C. 1761).
The above described land has been
used as a disposal site for boiler ash
generated by Kerr-McGee Chemical
Corp. from operations at Searles Lake,
Trona, California. Permanent records
regarding the disposal of boiler ash on
this land are maintained by Kerr-McGee
Chemical LLC at the Kerr-McGee Center,
Oklahoma City, Oklahoma, and
available for public inspection.
Although there is no indication these
materials pose any significant risk to
human health or the environment, the
foregoing reservations of rights in favor
of the United States and its permittees,
licensees, lessees and mining claimants
shall be exercised in a manner and on
terms and conditions consistent with,
and patentee and its successors and
assigns shall limit future land uses on
or affecting the disposal site to those
consistent with, the closure and postclosure plans for the site approved by
the California Regional Water Quality
Control Board Lahontan Region, any
applicable State and Federal laws and
regulations.
Patentee, its successors and assignor
agrees to indemnify, defend, and hold
the United States harmless from any
costs, damages, claims, liabilities, and
judgements for the real property
including the boiler ash site arising from
acts or omissions of the patentee, its
employees, agents, contractors, lessees
or any third parties arising out of or in
connection with, patentee’s 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 patentee,
its employees, agents, contractors,
lessees, or any third parties arising out
of or in connection with the use and/or
occupancy of the patented real property,
including the boiler ash site, that has
resulted in or does hereafter result in
any of the following: (1) Violations of
Federal, state, and local laws and
regulations; (2) judgements, claims or
demands assessed against the United
States; (3) costs, expenses, or damages
incurred by the United States; (4)
releases or threatened releases,
including but not limited to the boiler
E:\FR\FM\14JYN1.SGM
14JYN1
40728
Federal Register / Vol. 70, No. 134 / Thursday, July 14, 2005 / Notices
ash on or into land, property and other
interests of the United States; (5) other
activities by which hazardous
substances, boiler ash, or solid waste
was generated, released, stored, used or
otherwise disposed on the patented real
property; or (6) any clean-up response,
natural resource damage or other actions
related in any manner to said boiler ash.
This covenant shall be construed as
running with the patented real property,
and may be enforced by the United
States in a court of competent
jurisdiction.
The proposed sale is also subject to
those rights for monitoring wells
granted to Kerr-McGee Chemical Corp.
by right-of-way serial number (CACA
34604), pursuant to Title V of the Act of
October 21, 1976 (43 U.S.C. 1761).
This parcel of land located in Searles
Valley, California, is being offered for
sale through direct sale procedures
authorized under 43 CFR 2711.3–3. This
land has been used in trespass by KerrMcGee Chemical Corp. to dispose of
boiler ash and is no longer required for
Federal purposes. The land is currently
classified as intensive use under the
CDCA plan, which does not allow for
sale; however, the same land is being
unclassified under the West Mojave
Plan to allow for disposal of land
through a direct sale. No action will be
taken on these lands until the decision
record for the West Mojave Plan is
approved. The proposed action is
consistent with the objectives, goals,
and decisions of the West Mojave Plan.
An Environmental Assessment (EA)
and a Finding of No Significant Impact
(FONSI) has been prepared for this
proposed sale. The EA and FONSI are
available for public review and
comment in the Ridgecrest Field Office.
A copy may be requested from Janet
Eubanks, Ridgecrest Realty Specialist at
(951) 697–5376.
Publication of this Notice in the
Federal Register segregates the subject
land from all appropriations under the
public land laws, including the general
mining laws, except sale under the
Federal Land Policy and Management
Act of 1976. The segregation will
terminate upon issuance of the patent
upon publication in the Federal
Register of a termination of the
segregation, or 270 days from date of
publication, whichever occurs first.
Interested parties may submit written
comments to the Ridgecrest Field
Manager at the above address.
Comments must be received by not later
than August 29, 2005.
Any adverse comments will be
reviewed by the State Director, who may
sustain, vacate, or modify this realty
action and issue a final determination.
VerDate jul<14>2003
18:32 Jul 13, 2005
Jkt 205001
In the absence of timely filed objections
this realty action will become the final
determination of the Department of the
Interior. The land will not be offered for
sale until at least September 12, 2005.
Linda D. Hansen,
District Manager, California Desert District
(CA–610).
[FR Doc. 05–13881 Filed 7–13–05; 8:45 am]
BILLING CODE 4310–40–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[ES–020–05–1430–EU; FLES 052520]
Direct Sale of Public Land in Walton
County, FL
Bureau of Land Management,
Interior.
ACTION: Notice of realty action.
AGENCY:
SUMMARY: The Bureau of Land
Management (BLM) proposes a direct
sale under Section 203 of the Federal
Land Policy and Management Act of
1976 (90 Stat. 2750, 43 U.S.C. 1713), of
approximately 0.58 acres in Walton
County, Florida, at no less than fair
market value.
DATES: Interested persons may submit
written comments to the BLM at the
address stated below. Comments must
be received by not later than August 29,
2005.
ADDRESSES: Bureau of Land
Management, Jackson Field Office, 411
Briarwood Dr., Suite 404, Jackson,
Mississippi 39206.
FOR FURTHER INFORMATION CONTACT:
Mary Weaver, Realty Specialist, at the
above address or at (601) 977–5435.
SUPPLEMENTARY INFORMATION: The
following described public land has
been examined and found suitable for
sale pursuant to Section 203 of the
Federal Land Policy and Management
Act of October 21, 1976 (43 U.S.C.
1713):
Tallahassee Meridian, Florida
T. 3 S., R. 20 W.
Sec. 3, Lot 37
The area described contains 0.58 acres,
more or less.
The proposed sale conforms to the
Florida Resource Management Plan
Amendment approved October 8, 2004.
The land is proposed to be sold, using
43 CFR 2711.3–3 direct sale procedures,
to the Palms of Dune Allen Owners
Association, Inc., which is a corporation
formed by an association of the owners
of a condominium development know
as the Palms of Dune Allen. A direct
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Frm 00044
Fmt 4703
Sfmt 4703
sale is appropriate to protect the
equities arising from a right-of-way
grant issued previously by the Bureau of
Land Management. This right-of-way
authorized two boardwalks, which
provide beach access from the Palms of
Dune Allen land to the beach of the Gulf
of Mexico. Because of the small size and
configuration of the land, its historic use
for access and location relative to
adjoining private land, it is impractical
for another party to own or for BLM to
retain the land under its management.
The land will not be offered for sale
until at least 60 days after August 29,
2005. The appraised fair market value of
the land is $10,000. The prospective
purchaser will be allowed 30 days from
receipt of a written offer to submit a
deposit of at least 20 percent of the
appraised market value of the land, and
180 days thereafter to submit the
balance.
The following reservations, covenants
and conditions will be included in the
patent conveying the land:
1. All minerals shall be reserved to
the United States, together with the
right to prospect for, mine and remove
such deposits from the same under
applicable laws and such regulations as
the Secretary of the Interior may
prescribe.
2. Patentee, its successors and assigns,
agree that the above described land is
subject to the following, which shall
constitute a covenant running with the
land:
In order to protect the habitat of the
Choctawhatchee Mouse, minimize
interference with nesting areas used by
sea turtles and shorebirds, and
otherwise preserve natural dune habitat,
the patentee, its successors and assigns,
covenant and agree not to engage in,
allow or suffer, with respect to the
above described land:
Clearing, cutting or mowing;
Earthmoving, sand removal, grading,
cultivation, burning or filling;
Dumping of refuse, wastes, sewage,
other debris or any hazardous
substances;
Draining, ditching, diking, dredging,
channelizing, pumping, impounding or
excavating;
Diverting or affecting the natural flow
of surface or underground waters within
or out of the land;
Burning, systematically removing or
cutting or otherwise destroying any
vegetation, except for removal of
diseased or unsafe trees;
Spraying with biocides;
Introducing exotic species or
otherwise altering the natural state;
Grazing of domesticated animals;
Display of billboards, signs or
advertisements on or over the land,
E:\FR\FM\14JYN1.SGM
14JYN1
]]>Agencies
[Federal Register Volume 70, Number 134 (Thursday, July 14, 2005)]
[Notices]
[Pages 40727-40728]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13881]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CA-650-1430-HN; CA-46267]
Direct Sale of Public Land; San Bernardino County, California
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of realty action.
-----------------------------------------------------------------------
SUMMARY: A 39.99 acre parcel of public land in San Bernardino County,
California is being considered for direct sale to Searles Valley
Minerals, Inc. to resolve an unauthorized use of public land. This land
is difficult and uneconomic to manage as part of the public lands and
is not suitable for management by another Federal agency.
DATES: Interested parties may submit comments to the Ridgecrest Field
Manager, at the below address. Comments must be received by not later
than August 29, 2005. In the absence of timely objections, this
proposal shall become the final determination of the Department of the
Interior.
ADDRESSES: Bureau of Land Management, Ridgecrest Field Office c/o
California Desert District at 22835 Calle San Juan De Los Lagos, Moreno
Valley, California 92553.
FOR FURTHER INFORMATION CONTACT: Janet Eubanks, Realty Specialist, at
the above address or at (951) 697-5376.
SUPPLEMENTARY INFORMATION: The following described land has been
examined and found suitable for sale to Searles Valley Minerals, Inc.
utilizing direct sale procedures, at not less than the appraised fair
market value of $6,000. The land sale is contingent upon the approval
of the West Mojave Plan, an amendment to the California Desert
Conservation Area Plan of 1980 and will not be offered for sale until
at least September 12, 2005.
Mount Diablo Meridian, San Bernardino County, California.
T. 25 S., R. 43 E.,
Sec. 21, lot 4.
Containing approximately 39.99 acres.
Authority for the sale is Section 203 of the Federal Land Policy
and Management Act of October 21, 1976 (43 U.S.C. 1713). The mineral
interests will be retained by the United States of America. The patent,
when issued, will contain the following reservations to the United
States:
1. A right-of-way thereon for ditches or canals constructed by the
authority of the United States. Act of August 30, 1890 (43 U.S.C. 945).
2. A mineral lease granted to Kerr-McGee Chemical Corp. its
successors or assigns, under lease CALA 087312.
3. (a) The United States reserves to itself all minerals in the
lands subject to this conveyance, including, without limitation,
substances subject to disposition under the general mining laws, the
general mineral leasing laws, the Materials Act and the Geothermal
Steam Act.
(b) The United States reserves to itself its permittees, licensees,
lessee and mining claimants, the right to prospect for, mine and remove
the mineral owned by the United States under applicable law and such
regulations as the Secretary of the Interior may prescribe. This
reservation includes all necessary and incidental activities conducted
in accordance with the provisions of the mining, geothermal and mineral
leasing, and material disposal laws in effect at the time such
activities are undertaken, including, without limitation, necessary
access and exit rights, all drilling, underground, open pit or surface
mining operations, storage and transportation facilities deemed
necessary and authorized under law and implementing regulations.
(c) Mining claimants, permittees, licensees and lessees of the
United States, shall only be liable for and shall only compensate
owners of the surface estate for damages caused by their actions or
inactions and not related to conditions on the real property relating
to or arising from the boiler ash or any hazardous substances or solid
waste released, disposed of, or stored on the real property.
(d) All causes of action brought to enforce the rights of the
surface owner under the regulations above referred to shall be
instituted against mining claimants, permittees, licensees and lessees
of the United States; and the United States shall not be liable for the
acts or omissions of its mining claimants, permittees, licensees, or
lessees.
The proposed sale is also subject to those rights for monitoring
wells granted to Kerr-McGee Chemical Corp. by right-of-way serial
number CACA-034604, pursuant to Title V of the Act of October 21, 1976
(43 U.S.C. 1761).
The above described land has been used as a disposal site for
boiler ash generated by Kerr-McGee Chemical Corp. from operations at
Searles Lake, Trona, California. Permanent records regarding the
disposal of boiler ash on this land are maintained by Kerr-McGee
Chemical LLC at the Kerr-McGee Center, Oklahoma City, Oklahoma, and
available for public inspection. Although there is no indication these
materials pose any significant risk to human health or the environment,
the foregoing reservations of rights in favor of the United States and
its permittees, licensees, lessees and mining claimants shall be
exercised in a manner and on terms and conditions consistent with, and
patentee and its successors and assigns shall limit future land uses on
or affecting the disposal site to those consistent with, the closure
and post-closure plans for the site approved by the California Regional
Water Quality Control Board Lahontan Region, any applicable State and
Federal laws and regulations.
Patentee, its successors and assignor agrees to indemnify, defend,
and hold the United States harmless from any costs, damages, claims,
liabilities, and judgements for the real property including the boiler
ash site arising from acts or omissions of the patentee, its employees,
agents, contractors, lessees or any third parties arising out of or in
connection with, patentee's 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
patentee, its employees, agents, contractors, lessees, or any third
parties arising out of or in connection with the use and/or occupancy
of the patented real property, including the boiler ash site, that has
resulted in or does hereafter result in any of the following: (1)
Violations of Federal, state, and local laws and regulations; (2)
judgements, claims or demands assessed against the United States; (3)
costs, expenses, or damages incurred by the United States; (4) releases
or threatened releases, including but not limited to the boiler
[[Page 40728]]
ash on or into land, property and other interests of the United States;
(5) other activities by which hazardous substances, boiler ash, or
solid waste was generated, released, stored, used or otherwise disposed
on the patented real property; or (6) any clean-up response, natural
resource damage or other actions related in any manner to said boiler
ash. This covenant shall be construed as running with the patented real
property, and may be enforced by the United States in a court of
competent jurisdiction.
The proposed sale is also subject to those rights for monitoring
wells granted to Kerr-McGee Chemical Corp. by right-of-way serial
number (CACA 34604), pursuant to Title V of the Act of October 21, 1976
(43 U.S.C. 1761).
This parcel of land located in Searles Valley, California, is being
offered for sale through direct sale procedures authorized under 43 CFR
2711.3-3. This land has been used in trespass by Kerr-McGee Chemical
Corp. to dispose of boiler ash and is no longer required for Federal
purposes. The land is currently classified as intensive use under the
CDCA plan, which does not allow for sale; however, the same land is
being unclassified under the West Mojave Plan to allow for disposal of
land through a direct sale. No action will be taken on these lands
until the decision record for the West Mojave Plan is approved. The
proposed action is consistent with the objectives, goals, and decisions
of the West Mojave Plan.
An Environmental Assessment (EA) and a Finding of No Significant
Impact (FONSI) has been prepared for this proposed sale. The EA and
FONSI are available for public review and comment in the Ridgecrest
Field Office. A copy may be requested from Janet Eubanks, Ridgecrest
Realty Specialist at (951) 697-5376.
Publication of this Notice in the Federal Register segregates the
subject land from all appropriations under the public land laws,
including the general mining laws, except sale under the Federal Land
Policy and Management Act of 1976. The segregation will terminate upon
issuance of the patent upon publication in the Federal Register of a
termination of the segregation, or 270 days from date of publication,
whichever occurs first.
Interested parties may submit written comments to the Ridgecrest
Field Manager at the above address. Comments must be received by not
later than August 29, 2005.
Any adverse comments will be reviewed by the State Director, who
may sustain, vacate, or modify this realty action and issue a final
determination. In the absence of timely filed objections this realty
action will become the final determination of the Department of the
Interior. The land will not be offered for sale until at least
September 12, 2005.
Linda D. Hansen,
District Manager, California Desert District (CA-610).
[FR Doc. 05-13881 Filed 7-13-05; 8:45 am]
BILLING CODE 4310-40-P
