Notice of Realty Action; Recreation and Public Purposes (R&PP) Act Classification; CA, 46239-46240 [E7-16200]

Agencies

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

[Federal Register Volume 72, Number 159 (Friday, August 17, 2007)]
[Notices]
[Pages 46239-46240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16200]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-160-1430-ES; CALA 0170973]


Notice of Realty Action; Recreation and Public Purposes (R&PP) 
Act Classification; CA

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 section 7 of the 
Taylor Grazing Act, 43 U.S.C. 315f, and the provisions of the 
Recreation and Public Purposes (R&PP) Act, as amended, 10 acres of 
public land in Tulare County, California. Tulare County has filed an 
application to purchase the 10-acre parcel of BLM land that contains a 
closed, solid waste landfill facility.

DATES: Comments of interested persons must be received in the BLM 
Bakersfield Field Office on or before October 1, 2007. Only written 
comments will be accepted.

ADDRESSES: Bureau of Land Management, Bakersfield Field Office, 3801 
Pegasus Drive, Bakersfield, California 93308.

FOR FURTHER INFORMATION CONTACT: Rosalinda Estrada, Realty Specialist, 
BLM Bakersfield Field Office, (661) 391-6126. 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 Bakersfield Field 
Office at the address above.

SUPPLEMENTARY INFORMATION: The following described public land in 
Tulare County, California has been examined and found suitable for 
classification for conveyance under section 7 of the Taylor Grazing 
Act, 43 U.S.C. 315f, and 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.

Mount Diablo Meridian

T. 22 S., R. 36 E.,
    Sec. 20, NE\1/4\SE\1/4\SE\1/4\.

    The area described contains 10 acres, in Tulare County.

    The land is not needed for any Federal purpose. The County of 
Tulare has leased the described property from BLM since January, 1963. 
The described property will be conveyed to the County of Tulare without 
possibility of reverter to the United States, pursuant to 43 CFR 
Subpart 2743. The conveyance is consistent with current Bureau land-use 
planning and would be in the public interest. The patent, if issued, 
will be subject to the provisions of the R&PP Act and applicable 
regulations of the Secretary of the Interior, in particular, but not 
limited to 43 CFR 2743.3-1, and will contain the following additional 
reservations, terms, and conditions:
    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 such regulations as the Secretary of the Interior 
may prescribe, including all necessary access and exit rights.
    3. The patent, if issued, will be subject to all valid existing 
rights.
    4. The patentee, by accepting a patent, covenants and agrees to 
indemnify, defend, and hold the United States and its officers, agents, 
representatives, and employees (hereinafter referred to in this clause 
as 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, or 
lessees, or any third-party, arising out of or in connection with the 
patentees' use, occupancy, or operations on the NE\1/4\SE\1/4\SE\1/4\ 
section 20, T. 22 S., R. 36 E., M.D.M., Tulare County, California, the 
patented real property. This indemnification and hold harmless 
agreement includes, but

[[Page 46240]]

is not limited to, acts and omissions of the 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 patented 
real property which has already resulted or does hereafter result in: 
(a) Violations of Federal, State, and local laws and regulations that 
are now or may in the future become, applicable to the real property; 
(b) judgments, claims, or demands of any kind assessed against the 
United States; (c) costs, expenses, or damages of any kind incurred by 
the United States; (d) releases or threatened releases of solid or 
hazardous waste(s) and/or hazardous substances(s), as defined by 
Federal or State environmental laws, off, on, into or under land, 
property and other interests of the United States; (e) activities by 
which solids or hazardous substances or wastes, 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 or wastes; or (f) natural resource 
damages as defined by Federal and State law. This covenant shall be 
construed as running with the above described 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.
    5. The above described parcel is subject to the requirements of 
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.
    6. Upon publication of this notice in the Federal Register, the 
public land described above is segregated from all forms of 
appropriation under the public land laws, including the general mining 
laws, except for conveyance under the R&PP Act. Interested parties may 
submit comments regarding the proposed conveyance classification of the 
lands for a period of 45 days from the date of publication of this 
notice in the Federal Register.

Classification Comments

    Interested parties may submit comments involving the suitability of 
the land for a closed solid waste facility. Comments on the 
classification 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, whether the use is consistent with local planning and 
zoning, or if the use is consistent with State and Federal programs. 
The classification of the land described in this Notice will become 
effective October 16, 2007. The land will not be offered for conveyance 
until after the classification becomes effective.

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 land 
for a closed solid waste facility. Any adverse comments will be 
reviewed by the BLM California State Director who may sustain, vacate, 
or modify this realty action. In the absence of any adverse comments, 
this realty action will become the final determination of the 
Department of the Interior. 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. In the absence of any adverse 
comments, the classification of the land described in this notice will 
become effective October 16, 2007. The land will not be available for 
conveyance until after the classification becomes effective.

(Authority: 43 CFR 2741.5)

J. Anthony Danna,
Deputy State Director, Natural Resources (CA-930).
 [FR Doc. E7-16200 Filed 8-16-07; 8:45 am]
BILLING CODE 4310-40-P