Notice of Realty Action; Recreation and Public Purposes Act Classification; Wyoming, 14294-14295 [E7-5543]

Agencies

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

[Federal Register Volume 72, Number 58 (Tuesday, March 27, 2007)]
[Notices]
[Pages 14294-14295]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5543]



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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[WY-100-1430-ES; WYW-06321501]


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

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: The Bureau of Land Management (BLM) has examined and found 
suitable for classification for conveyance under the provisions of the 
Recreation and Public Purposes Act a parcel of public lands located 
near LaBarge, in Lincoln County, Wyoming. The land has been leased 
under the Recreation and Public Purposes Act to the Town of LaBarge for 
use as a sanitary landfill since 1981, but has been closed to disposal 
of waste generally, since 1995. The Town of LaBarge intends to use the 
lands for a solid waste transfer facility.

DATES: Interested persons may submit written comments to the BLM at the 
address stated below. Comments must be received no later than May 11, 
2007.

ADDRESSES: Bureau of Land Management, Pinedale Field Office, 432 East 
Mill Street, P.O. Box 768, Pinedale, Wyoming 82941.

FOR FURTHER INFORMATION CONTACT: Bill Wadsworth, Realty Specialist, at 
the address above or at 307-367-5341.

SUPPLEMENTARY INFORMATION: The following described public land in 
Lincoln County, Wyoming, has been examined and found suitable for 
classification for conveyance under the provisions of the Recreation 
and Public Purposes (R&PP) Act, as amended (43 U.S.C. 869 et seq.) and 
is hereby classified accordingly:
    WYW-06321501--LaBarge, WY--Closed landfill and current solid waste 
transfer facility currently under lease to Town of LaBarge to be 
classified for conveyance:

Sixth Principal Meridian, Lincoln County, Wyoming

T. 26 N., R. 112 W.,
    Sec. 6, Lots 4, 31, 32.

    The land described contains 30.82 acres.

    In accordance with the R&PP Act and implementing regulation, at 43 
CFR part 2740, the Town of LaBarge has filed a R&PP petition/
application and plan of development in which it proposes to use the 
above described public lands for a closed landfill and a solid waste 
transfer facility. The lands are not needed for federal purposes. 
Conveyance pursuant to the R&PP Act is consistent with the Pinedale 
Resource Management Plan, dated December 12, 1988, and would be in the 
public interest.
    The conveyance, when issued, will be subject to the following 
terms, conditions, and reservations:
    1. Provisions of the R&PP Act and to all applicable regulations, 
including but not limited to the regulations stated in 43 CFR part 
2740, and policy and guidance of the Secretary of the Interior.
    2. Reservation of a right-of-way to the United States for ditches 
and canals pursuant to the Act of August 30, 1890, 43 U.S.C. 945.
    3. 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, including all necessary access and exit rights.
    4. No portion of the lands patented shall revert back to the United 
States under any circumstances. In addition, the patentee shall comply 
with all Federal and State laws applicable to the disposal, placement, 
or release of hazardous substances (substance as defined in 40 CFR part 
302) and indemnify the United States against any legal liability or 
future costs that may arise out of any violation of such laws.
    5. All valid existing rights of record, including those documented 
on the official public land records at the time of lease/patent 
issuance.
    6. Pursuant to the requirements established by section 120(h) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act, (42 U.S.C. 9620(h)) (CERCLA), as amended by the Superfund 
Amendments and Reauthorization Act of 1988, (100 Stat. 1670) notice is 
hereby given that the above-described lands have been examined and no 
evidence was found to indicate that any hazardous substances had been 
stored for one year or more, nor had any hazardous substances been 
disposed of or released on the subject property.
    7. The purchaser/patentee, by accepting a patent, covenants and 
agrees to indemnify, defend, and hold the United States harmless from 
any costs, damages, claims, causes of action, penalties, fines, 
liabilities, and judgments of any kind or nature arising from the past, 
present, and future acts or omissions of the patentees or their 
employees, agents, contractors, lessees, or any third party, arising 
out of or in connection with the 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 and their employees, agents, contractors, or lessees, 
or any third party, arising out of or in connection with the use and/or 
occupancy of the patented real property which has already resulted or 
does hereafter result in: (1) Violations of Federal, state, and local 
laws and regulations that are now or may in the future become, 
applicable to the real property; (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), as defined by Federal or state environmental laws, off, 
on, into or under land, property and other interests of the United 
States; (5) Activities by which solid waste or hazardous substances(s) 
or waste, as defined by Federal and state environmental laws are 
generated, released, stored, used or otherwise disposed of on the 
patented real property, and any cleanup response, remedial action or 
other actions related in any manner to said solid or hazardous 
substances(s) or waste(s); or (6) Natural resource damages as defined 
by Federal and state law. This covenant shall be construed as running 
with the parcels of land patented or otherwise conveyed by the United 
States, and may be enforced by the United States in a court of 
competent jurisdiction. Detailed information concerning the proposed 
actions, including but not limited to documentation relating to 
compliance with applicable environmental and cultural resource laws, is 
available for review at the BLM, Pinedale Field Office, 432 East Mill 
Street, P.O. Box 768, Pinedale, WY 82941, telephone: 307-367-5341.
    On March 27, 2007, the above described lands will be segregated 
from all other forms of appropriation under the public land laws, 
including the general mining laws, except for lease or conveyance under 
the R&PP Act and leasing under the mineral leasing laws. Interested 
parties may submit written comments regarding the proposed conveyance 
or classification of the lands to the Field Manager, Pinedale Field 
Office, at the address stated above in this notice for that purpose. 
Comments must be received no later than May 11, 2007. Before including 
your address, phone number, e-mail address, or other personal 
identifying information in your comment, you should be aware that your 
entire comment--including your personal identifying information--may

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be made publicly available at any time. While you can ask us in your 
comment to withhold your personal identifying information, we cannot 
guarantee that we will be able to do so.
    Classification Comments: Interested parties may submit comments 
involving the suitability of the lands for conveyance for the closed 
landfill and solid waste transfer facilities. Comments on the 
classification(s) are restricted to whether the land is physically 
suited for the proposal, whether the use will maximize the future use 
or uses of the land, and 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 the decision; or any other factor not directly related to 
the suitability of the lands for closed landfill and solid waste 
transfer facilities. 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 will become 
effective 60 days after March 27, 2007.

(Authority: 43 CFR 2741.5)

    Dated: February 5, 2007.
 William Lanning,
Associate Field Manager.
 [FR Doc. E7-5543 Filed 3-26-07; 8:45 am]
BILLING CODE 4310-22-P