Notice of Realty Action: Recreation and Public Purposes Act Classification; Idaho, 38611-38612 [E7-13682]

Agencies

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

[Federal Register Volume 72, Number 134 (Friday, July 13, 2007)]
[Notices]
[Pages 38611-38612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13682]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[DSG070003 ID330-07-1430-FR 241A, IDI-34925-01]


Notice of Realty Action: Recreation and Public Purposes Act 
Classification; Idaho

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) has determined that 
certain public lands located in Custer County, Idaho are suitable for 
classification for conveyance to the Custer County Commission, under 
authority of the Recreational and Public Purposes Act, June 14,1926 as 
amended by the Recreation and Public Purpose Act of 1988 (43 U.S.C. 869 
et seq.),

DATES: Comments regarding the proposed conveyance should be received by 
August 27, 2007.

ADDRESSES: 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 BLM Challis Field Office. Address all written comments concerning 
this Notice to David Rosenkrance, BLM Challis Field Office Manager, 801 
Blue Mountain Road, Challis, Idaho 83226-9304. 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.

FOR FURTHER INFORMATION CONTACT: Tim Vanek, Realty Specialist, BLM 
Challis Field Office, (208) 879-6218.

SUPPLEMENTARY INFORMATION: The following described public land in 
Custer County, Idaho, has been examined and found suitable for 
conveyance to the Custer County Commission under the provisions of the 
Recreation and Public Purposes Act, as amended:

Boise Meridian, Idaho

T. 13 N., R 19 E.
    Sec. 4, lots 9, 14, 15, 18, 19, W\1/2\NE\1/4\SW\1/4\, E\1/
2\NW\1/4\SW\1/4\, SE\1/4\SW\1/4\, and; sec. 5, lot 9.

    The land described above contains approximately 126.87 acres in 
Custer County. The land is adjacent to an existing waste transfer 
site which was formerly public land patented to the Village of 
Challis, ID in 1959 and was deeded to Custer County in 1997. The 40-
acre patented parcel contains: Household refuse collection bins, a 
recycling area, yard debris collection, used appliance/scrap metal 
collection and used tire collection. A 40-acre, public land parcel 
immediately south and southeast of the patented parcel contains a 
construction debris pit and dead animal burial pit. The use of this 
parcel was first authorized to Custer County by the BLM for the 
purpose of non-municipal waste disposal under R&PP Lease on January 
15, 1983. That authorization expired January 13, 2003. The BLM 
Challis Field Office re-authorized the use on June 3, 2005 with R&PP 
Lease in serial number: IDI-34925. This authorization also expired, 
on February 14, 2006. The remaining 76.87 acres are lots adjacent to 
the expired lease parcel and the patented parcel. These lots are not 
currently used for waste transfer, but they have been disturbed with 
trails, fences, and equipment storage.

    The Custer County Commission proposes to use the land to continue 
operation of the Challis waste transfer site and expand the site when 
necessary. The land is not needed for Federal purposes. Conveyance of 
the public lands is consistent with the Challis Resource Management 
Plan and would be in the public interest.
    The patent, when issued, will be subject to the following terms, 
conditions, and reservations:
    1. Provisions of the Recreation and Public Purposes Act and all 
applicable regulations of the Secretary of the Interior. In particular, 
statutory provisions governing the disposal of existing leased disposal 
sites are to be found at 43 U.S.C 869-2(c)(2), regulatory provisions at 
43 CFR 2743.3 and 2743.3-1. Statutory provisions governing the disposal 
of new disposal sites are to be found at 43 U.S.C. 869-2(b), regulatory 
provisions at 43 CFR 2743.2 and 2343.2-1.
    2. A right of way for ditches and canals constructed by the 
authority of the United States, Act of August 30, 1890 (43 U.S.C. 945).
    3. All valid existing rights.
    4. The United States will reserve all minerals together with the 
right to prospect for, mine, and remove the minerals under applicable 
laws and such regulations as the Secretary of the Interior may 
prescribe, including all necessary access and exit rights.
    5. These parcels are subject to the requirements of section 120(h) 
of the Comprehensive Environmental Response, Compensation and 
Liabilities Act, 42 U.S.C. 9620(h) (CERCLA), as amended by the 
Superfund Amendments and Reauthorization Act of 1988, Sat. 1670.

[[Page 38612]]

    6. The patentee, its successors or assigns, by accepting a patent, 
agrees to indemnify, defend, and hold harmless the United States, its 
officers, agents, representatives, and employees (hereinafter ``United 
States'') from any costs, damages, claims, causes of action in 
connection with the patentee's use, occupancy, or operations on the 
patented real property. This agreement includes, but is not limited to, 
acts or omissions of the patentee and its 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 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 the 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 substances(s), pollutant(s), or 
contaminants(s), and/or petroleum product(s) or derivative(s) of a 
petroleum product, as defined by Federal or State environmental laws; 
of, 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(s) or derivative(s) of a petroleum product as defined by 
Federal or State environmental laws are generated, 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 
the said solid or hazardous substance(s) or waste(s) or contaminant(s), 
or petroleum product(s) or derivative(s) of a petroleum product as 
defined by Federal or State laws. 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.
    Additional detailed information concerning this Notice of Realty 
Action, including environmental records, is available for review at the 
BLM Challis Field Office, 801 Blue Mountain Road, Challis, Idaho 83226. 
Office hours are 7:45 a.m. to 4:30 p.m., Monday through Friday except 
holidays.
    Upon publication of this notice in the Federal Register, the land 
described above will be segregated from appropriation under the public 
land laws, including the mining laws except for conveyance under the 
Recreation and Public Purposes Act.
    You may submit comments regarding the proposed classification or 
conveyance of the land to the BLM Field Office Manager at the address 
stated above. You may submit comments involving the suitability of the 
lands for a waste transfer site. Comments on the classification are 
restricted to the following four subjects:
    (1) Whether the land is physically suited for the proposal;
    (2) Whether the use will maximize the future use or uses of the 
land;
    (3) Whether the use is consistent with local planning and zoning; 
and
    (4) If the use is consistent with State and Federal programs.
    You may submit comments regarding the specific use proposed in the 
County's application; and whether the BLM followed proper 
administrative procedures in reaching the decision. Comments received 
during this process, including respondent's name, address, and other 
contact information will be available for public review.
    The State Director will review any adverse comments. In the event 
the public does not submit adverse comments, the classification will 
become effective no sooner than September 11, 2007. The lands will not 
be offered for conveyance until after the classification becomes 
effective.

FOR FURTHER INFORMATION CONTACT: Tim Vanek, Realty Specialist, BLM 
Challis Field Office, (208) 879-6218.

    Authority: 43 CFR Subpart 2741.

David Rosenkrance,
Challis Field Manager.
[FR Doc. E7-13682 Filed 7-12-07; 8:45 am]
BILLING CODE 4310-GG-P