Notice of Realty Action; Recreation and Public Purposes (R&PP) Act Classifications; Arizona, 31340-31342 [E7-10890]

Agencies

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

[Federal Register Volume 72, Number 108 (Wednesday, June 6, 2007)]
[Notices]
[Pages 31340-31342]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10890]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AZ-420-1430-ES; AZA 32985]


Notice of Realty Action; Recreation and Public Purposes (R&PP) 
Act Classifications; Arizona

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Land Management (BLM) has examined and found 
suitable for classification approximately 16 acres of public land in 
Pima County, Arizona, for lease or conveyance to the Drexel Heights 
Fire District under the provisions of the Recreation and Public 
Purposes Act, as amended, and in keeping with section 7 of the Taylor 
Grazing Act, as amended. The Fire District proposes to use the land for 
the expansion of an existing fire station facility, operated by the 
Drexel Heights Fire District.

DATES: Submit comments on or before July 23, 2007.

ADDRESSES: Detailed information concerning this action, including but 
not limited to, a development plan and documentation relating to 
compliance with applicable environmental and cultural resources laws, 
is available for review at the Bureau of Land Management, Tucson Field 
Office, 12661 East Broadway Boulevard, Tucson, Arizona 85748-7208.

FOR FURTHER INFORMATION CONTACT: Susan Bernal, Realty Specialist, at 
(520) 258-7206; e-mail address susan--bernal @blm.gov.

SUPPLEMENTARY INFORMATION: The following described public land in Pima 
County, Arizona, has been examined and found suitable for lease or 
conveyance for use as an expanded fire station facility 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 
pursuant to section 7 of the Taylor Grazing Act, as amended, 43 U.S.C. 
315f:

Gila and Salt River Meridian, Arizona

T. 15 S., R. 12 E., sec. 3, lots 1 and 2 (within).

    The area described contains 16 acres in Pima County.


[[Page 31341]]


    When eligible for conveyance, BLM will resurvey the lots and relot 
them.
    The Drexel Heights Fire District is a political subdivision of the 
State of Arizona that has the authority per Arizona Revised Statute 
Title 48 to acquire federal land (See 43 Code of Federal Regulations 
(CFR) 2741.2) and that operates an existing fire station serving the 
Drexel Heights Fire District. The Fire District proposes to expand the 
existing fire station by using all of the above-described land for a 
fire fighter training facility, including a new classroom, a driver 
training course and a parking area to be operated by the Fire District. 
The Fire District, as an agent of the State of Arizona, has advised BLM 
that it has the authority, as a duly authorized fire district, to 
operate the fire fighter training facility, both as to training 
instruction and, also, the functions of the physical site. Devoting the 
subject acreage to these uses would be of great benefit to the Tucson 
community.
    As to the foregoing, the statement required by 43 CFR 2741.4(b) to 
accompany a Recreation and Public Purposes Act application has been 
filed in the BLM Tucson Field Office. The land is not needed for any 
Federal purpose. The lease or conveyance of the lands for recreational 
or public purposes use is consistent with the Phoenix District Resource 
Management Plan, dated September 1989, would be in the public interest 
and, as allowed, would involve no more acreage than is reasonably 
necessary for the new uses proposed by the Fire District.
    Detailed information concerning the foregoing is available for 
review at the BLM, Tucson Field Office, at the address stated above, 
during normal business hours Monday through Friday (except Federal 
holidays). A public meeting may be held if the authorized officer 
determines that public interest in the proposal warrants holding such a 
meeting.
    Upon publication of this notice in the Federal Register, the 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 Recreation and Public Purposes Act and leasing 
under the mineral leasing laws.
    The lease or conveyance of the lands, when issued, would be subject 
to the following terms, conditions, and reservations:
    1. A right-of-way thereon for ditches and canals constructed by the 
authority of the United States. Act of August 30, 1890, 26 Stat. 391 
(43 U.S.C. 945).
    2. Provisions of the Recreation and Public Purposes Act and to all 
applicable regulations of the Secretary of the Interior.
    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. All valid existing rights.
    5. A right-of-way authorized under Sec. 17 of the Act of November 
9, 1921 (42 Stat. 216) for road purposes to the Arizona State Highway 
Department (AZA 6032) affecting public lands within sec. 3, T. 15 S., 
R. 12 E.
    6. A right-of-way authorized under the Act of October 21, 1976 (90 
Stat. 2776; 43 U.S.C. 1761) for sewer line purposes to the Pima County 
Board of Supervisors (AZA 10867) affecting public lands within sec. 3, 
T. 15 S., R. 12 E.
    7. Rights-of-way authorized under the Act of October 21, 1976 (90 
Stat. 2776; 43 U.S.C. 1760) for road purposes to Pima County 
Transportation and Flood Control (AZA 17485 and AZA 22310) affecting 
public lands within sec. 3, T. 15 S., R. 12 E.
    8. A right-of-way authorized under the Act of October 21, 1976 (90 
Stat. 2776; 43 U.S.C. 1760) for Central Arizona Project purposes to the 
Bureau of Reclamation, Arizona Project Office (AZA 22075) affecting 
public lands within sec. 3, T., 15 S., R. 12 E.
    9. Rights-of-way authorized under the Act of October 21, 1976 (90 
Stat. 2776; 43 U.S.C. 1760) for transmission line purposes to the 
Tucson Electric Power Company (AZA 3048301 and AZA 30088) affecting 
public lands within sec. 3, T. 15 S., R. 12 E.
    10. A right-of-way authorized under the Act of October 21, 1976 (90 
Stat. 2776; 43 U.S.C. 1761) for a potable water pipeline for municipal 
water supply purposes to the Tucson Water Department, (AZA 30969) 
affecting public lands within sec. 3, T. 15 S., R. 12 E.
    11. A mineral material contract authorized under the Act of July 
31, 1947 (61 Stat. 681; 30 U.S.C. 601,602) for mineral extraction to 
Clay Mine Adobe, (AZA 33755) affecting public lands within sec. 3, T. 
15 S., R. 12 E. The mineral material permittee will reclaim the area of 
his operation including removal of all unpermitted surface and 
subsurface structures upon the termination of the mineral material 
contract. Said contract expires October 16, 2009.
    12. CERCLA Term: ``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.''
    13. Indemnification Term: ``All lessees or Purchasers/patentees, by 
accepting a lease patent, covenant and agree to indemnify, defend, and 
hold the United States harmless of 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 lessees patentees or their 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 patented real property. 
This indemnification and hold harmless agreement includes, but is not 
limited to, acts and omissions of the lessee's patentees 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 
leased 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 substance(s) or waste, as 
defined by Federal and state environmental laws are generated, 
released, 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 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

[[Page 31342]]

the United States in a court of competent jurisdiction.
    Classification Comments: Interested persons may submit comments 
involving the suitability of the land for a fire fighter training 
facility, including a new classroom, a driver training course and a 
parking area. Comments on the classification are restricted to whether 
the land is physically suited for the proposals, 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 persons may submit comments 
regarding the specific use applied for as well as the proposed 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 a fire fighter training facility, 
including a new classroom, a driver training course and a parking area. 
Any adverse comments will be reviewed by the State Director. In the 
absence of any adverse comments, the classification will become 
effective on August 6, 2007. The lands will not be offered for lease or 
conveyance until after the classification becomes effective.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, be advised that 
your entire comment--including your personal identifying information--
may be made publicly available at any time. While you can ask us in 
your comment to withhold from public review your personal identifying 
information, we cannot guarantee that we will be able to do so.

(Authority: 43 CFR 2741.5(h)).

Patrick Madigan,
Field Office Manager.
 [FR Doc. E7-10890 Filed 6-5-07; 8:45 am]
BILLING CODE 4310-32-P