Notice of Realty Action; Recreation and Public Purposes Act Classification; Arizona, 34714-34716 [E7-12263]

Agencies

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

[Federal Register Volume 72, Number 121 (Monday, June 25, 2007)]
[Notices]
[Pages 34714-34716]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12263]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AZ-330-07-7122 FR; AZA-33570]


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

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 to La Paz County for conveyance under the 
provisions of the Recreation and Public Purposes Act, a 20-acre parcel 
of public land, located in La Paz County, Arizona. The County plans to 
construct and operate a wastewater treatment plant on the site to serve 
communities in the Colorado River area.

DATES: Interested parties may submit written comments at the address 
stated below, postmarked no later than August 9, 2007.

ADDRESSES: Interested parties may submit written comments to the Field 
Manager, BLM Lake Havasu Field Office, 2610 Sweetwater Avenue, Lake 
Havasu City, Arizona 86406. Detailed information concerning this 
action, including but not limited to documentation related to 
compliance with applicable environmental and cultural resource laws, is 
available for review at the above address during

[[Page 34715]]

regular business hours (8 a.m. to 4:30 p.m.), Monday through Friday, 
except holidays.

FOR FURTHER INFORMATION CONTACT: Cory Bodman, Realty Specialist, BLM 
Lake Havasu Field Office, telephone (928) 505-1215.

SUPPLEMENTARY INFORMATION: The following described public land is 
proposed for classification under Section 7 of the Taylor Grazing Act, 
43 U.S.C. 315f, and Executive Order No. 6910, and classification and 
conveyance under the provisions of the Recreation and Public Purposes 
(R&PP) Act, as amended (43 U.S.C. 869 et seq.), for the purpose of 
placement of a wastewater treatment plant.
    Land proposed for this classification and disposal action is:

Gila and Salt River Meridian, La Paz County, Arizona

T. 10 N., R. 19 W.,
    Sec. 26: E\1/2\SE\1/4\SW\1/4\.

    The land described contains approximately 20 acres in La Paz 
County.

    Requirements of the Arizona Department of Environmental Quality 
indicate a wastewater treatment plant is needed to serve the growing 
Colorado River area communities. In accordance with the R&PP Act, as 
amended, La Paz County has filed an R&PP petition/application and plan 
of development to the BLM Lake Havasu Field Office in which it proposes 
to develop a wastewater treatment plant on the above described public 
land. The land is not needed for federal purposes. Conveyance pursuant 
to the R&PP Act is consistent with the Lake Havasu Field Office 
Resource Management Plan, dated May 10, 2007, and would be in the 
public interest. Public meetings were held in conjunction with the 
planning process, and included discussions of the proposed 
classification and disposal of the above described public land under 
the R&PP Act.
    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 regulations stated in 43 CFR Part 2470, 
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 land patented shall revert back to the United 
States under any circumstances if such portion has been used for solid 
waste disposal or for any other purpose that the authorized officer 
determines may result in the disposal, placement, or release of any 
hazardous substance. In addition the patentee shall comply with all 
Federal state laws applicable to the disposal, placement, or release of 
hazardous substances (substances 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 law.
    5. All valid existing rights of record, including those documented 
on the official public land records at the time of 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 land has 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 indemnity, 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, 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 
substances(s), as defined by Federal and 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 parcel of land patented or otherwise conveyed by the United 
States, and may be enforced by the United States in a court of 
competent jurisdiction.
    Upon publication of this notice in the Federal Register, the land 
will be segregated from all other forms of appropriation under the 
public land laws, including the general mining laws, except for 
conveyance under the R&PP Act, and leasing under the mineral leasing 
laws.
    Interested parties may submit written comments on the proposed 
conveyance or classification of the land to the Field Manager, Lake 
Havasu Field Office, at the address stated above in this notice. 
Comments must be postmarked no later than August 9, 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 be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.
    Classification Comments: Interested parties may submit written 
comments, postmarked no later than August 9, 2007 involving the 
suitability of the land for conveyance for the wastewater treatment 
plant. Comments on the classification are limited to whether the land 
is physically suited for the wastewater treatment plant, 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 written 
comments no later than August 9, 2007 regarding the specific use 
proposed in the application and plan of development, whether the BLM 
followed proper

[[Page 34716]]

administrative procedures in reaching the decision, or any other factor 
not directly related to the suitability of the land for the wastewater 
treatment plant. Any adverse comments will be reviewed by the BLM 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 June 25, 2007. The land will not be offered for 
conveyance until after the classification becomes effective.

(Authority: 43 CFR 2741.5)

    Dated: April 30, 2007.
Timothy Z. Smith,
Field Manager.
 [FR Doc. E7-12263 Filed 6-22-07; 8:45 am]
BILLING CODE 4310-32-P