Notice of Realty Action; Recreation and Public Purposes Act Classification; California, 45070-45071 [E6-12795]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management
• Land Management Bureau

[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Notices]
[Pages 45070-45071]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12795]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-680-1430-ES; CA-46857]


Notice of Realty Action; Recreation and Public Purposes Act 
Classification; California

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) has examined and found 
suitable for classification for lease and subsequent conveyance under 
the provisions of the Recreation and Public Purposes Act (R&PP), as 
amended (43 U.S.C. 869 et seq.), approximately 2.5 acres of public land 
in Inyo County, California. The Southern Inyo County Fire Protection 
District proposes to use the land for a fire station and related 
facilities to include a water well with storage tanks, a helipad, two 
shade structures, two storage buildings, and a septic system enclosed 
within a chain link fence, as specified in the County's development 
plan (henceforth, fire station).

DATES: For a period until September 22, 2006, interested parties may 
submit comments to the Field Manager, BLM Barstow Field Office, at the 
address below.

ADDRESSES: Bureau of Land Management, Barstow Field Office, 2601 
Barstow Road, Barstow, California 92311.

FOR FURTHER INFORMATION CONTACT: Richard Rotte, Realty Specialist, BLM 
Barstow Field Office, (760) 252-6026.

SUPPLEMENTARY INFORMATION: The Southern Inyo County Fire Protection 
District filed an R&PP application for the classification, lease, and 
subsequent conveyance of the following described 2.5 acres of public 
land to be developed for a fire station:

San Bernardino Meridian, California

T. 20 N., R. 7 E.,
    Sec. 11, SE\1/4\NW\1/4\SW\1/4\SW\1/4\.

The area described contains 2.5 acres, more or less, in Inyo County.

    Leasing and subsequent conveyance of the land to the Southern Inyo 
County Fire Protection District is consistent with current Bureau 
planning for this area and would be in the public interest. The land is 
not needed for any Federal purpose. The lease would be issued for an 
initial term of 10 years to allow sufficient time to develop the 
planned facilities. The land would be conveyed after substantial 
development has occurred on the land. The lease and subsequent patent, 
if issued, will be subject to the provisions of the R&PP Act and 
applicable regulations of the Secretary of the Interior, and will be 
subject to the following terms, conditions, and reservations:
    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 regulations established by the Secretary of the 
Interior.
    3. Those rights for a power transmission line granted by right-of-
way R 01247 to Southern California Edison Company.
    4. All valid existing rights.
    5. Provisions of the R&PP Act and all applicable regulations of the 
Secretary of the Interior.
    6. The lessee/patentee, its successors or assigns, by accepting a 
lease/patent, agrees to indemnify, defend, and hold the United States, 
its officers, agents, representatives, and employees (hereinafter 
``United States'') harmless from any costs, damages, claims, causes of 
action, penalties, fines, liabilities, and judgments of any kind or 
nature arising out of or in connection with the lessee's/patentee's 
use, occupancy, or operations on the leased/patented real property. 
This indemnification and hold harmless agreement includes, but is not 
limited to, acts or omissions of the lessee/patentee and its employees, 
agents, contractors, lessees, or any third-party arising out of or in 
connection with the lessee's/patentee's use, occupancy, or operations 
on the leased/patented real property which cause or give rise to, in 
whole or in part: (1) Violations of Federal, state, and local laws and 
regulations that are now, or may in future become, applicable to the 
real property and/or applicable to the use, occupancy, and/or 
operations thereon; (2) Judgments, claims, or demands of any kind 
assessed against the United States; (3) Costs, expenses, or damages of 
any kind incurred by the United States; (4) Releases or threatened 
releases of solid or hazardous waste(s) and/or hazardous substance(s), 
pollutant(s), or contaminant(s), and/or petroleum product or derivative 
of a petroleum product, as defined by Federal and state environmental 
laws, off, on, into, or under land, property, and other interests of 
the United States; (5) other activities by which solid or hazardous 
substance(s) or waste(s), pollutant(s), or contaminant(s), or petroleum 
product or derivative of a petroleum product as defined by Federal and 
state environmental laws, are generated, stored, used, or otherwise 
disposed of on the leased/patented real property, and any cleanup 
response, remedial action, or other actions related in any manner to 
the said solid or hazardous substance(s) or waste(s), pollutant(s), or 
contaminant(s), or petroleum product or derivative of a petroleum 
product; (6) Natural resource damages as defined by Federal and state 
laws. Lessee/Patentee shall stipulate that it will be solely 
responsible for compliance with all applicable Federal, state, and 
local environmental laws and regulatory provisions throughout the life 
of the facility, including any closure and/or post-closure requirements 
that may be imposed with respect to any physical plant and/or facility 
upon the real property under any Federal, state, or local environmental 
laws or regulatory provisions. In the case of a patent being issued, 
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.
    Upon publication of this notice in the Federal Register, the public 
lands

[[Page 45071]]

described above are segregated from all forms of appropriation under 
the public land laws, including the general mining laws and leasing 
under the mineral leasing laws, except for lease/conveyance under the 
Recreation and Public Purposes Act. Interested parties may submit 
comments regarding the proposed lease/conveyance or classification of 
the lands until September 22, 2006.
    Classification Comments: Interested parties may submit comments 
involving the suitability of the land for a fire station. Comments on 
the classification are restricted to whether the land is physically 
suited for the proposal or any other issues that would be pertinent to 
the environmental (National Environmental Policy Act of 1969) analysis 
for this action, 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.
    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 its classification decision, or any other factor not 
directly related to the suitability of the land for R&PP use as a fire 
station.
    All submissions from organizations or businesses will be made 
available for public inspection in their entirety. Individuals may 
request confidentiality with respect to their name, address, and phone 
number. If you wish to have your name or street address withheld from 
public review, or from disclosure under the Freedom of Information Act, 
the first line of the comment should start with the words 
``Confidentiality Request'' in uppercase letters in order for BLM to 
comply with your request. Such requests will be honored to the extent 
allowed by law. Comment contents will not be kept confidential.
    Any adverse comments will be reviewed by the State Director, who 
may sustain, vacate, or modify this realty action. In the absence of 
any adverse comments, the classification of the land described in this 
notice will become effective on October 10, 2006. The lands will not be 
available for lease/conveyance until after the classification becomes 
effective.

(Authority: 43 CFR 2741.5)

    Dated: July 19, 2006.
Roxie C. Trost,
Field Manager, Barstow Field Office.
 [FR Doc. E6-12795 Filed 8-7-06; 8:45 am]
BILLING CODE 4310-40-P