Arizona: Notice of Realty Action; Recreation and Public Purposes (R&PP) Act Classification, 74325-74326 [E7-25384]

Agencies

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

[Federal Register Volume 72, Number 249 (Monday, December 31, 2007)]
[Notices]
[Pages 74325-74326]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25384]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AZ-320-08-7122-ES-5812; AZA 33391 and AZA 34206]


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

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: The following public lands in Yuma County, Arizona, have been 
examined by the Bureau of Land Management (BLM) and found suitable for 
classification for lease or conveyance to the Yuma County Free Library 
District (AZA 33391) and Yuma County (AZA 34206) under the provisions 
of the Recreation and Public Purposes (R&PP) Act, as amended, 43 U.S.C. 
869 et seq., and under Section 7 of the Taylor Grazing Act, 43 U.S.C. 
315(f), and Executive Order No. 6910.

Gila and Salt River Meridian, Arizona (AZA 33391)

T. 11 S., R. 24 W.
    Sec. 6, W\1/2\E\1/2\E\1/2\W\1/2\N\1/2\N\1/2\SW\1/4\SW\1/4\, W\1/
2\E\1/2\W\1/2\N\1/2\N\1/2\SW\1/4\SW\1/4\, W\1/2\W\1/2\N\1/2\N\1/
2\SW\1/4\SW\1/4\.

    The area described contains 4.375 acres.

Gila and Salt River Meridian, Arizona (AZA 34206)

T. 11 S., R. 24 W.
    Sec. 6, E\1/2\E\1/2\E\1/2\W\1/2\N\1/2\N\1/2\SW\1/4\SW\1/4\, E\1/
2\N\1/2\N\1/2\SW\1/4\SW\1/4\.

    The area described contains 5.625 acres.

    Neither Yuma County Free Library District nor Yuma County have 
acquired for public purposes other than recreation, more than the 640-
acre limitation allowed in any calendar year according to the 
regulations found at 43 CFR 2741.7(a)(3).
    The Yuma County Free Library District and Yuma County have 
submitted statements in compliance with the regulations at 43 CFR 
2741.4(b). The Yuma County Free Library District is proposing to 
construct a new library (South County Branch Library) of 30,773 square 
feet; and Yuma County is proposing to construct new county services 
buildings (Yuma County South Complex) totaling approximately 18,800 
square feet. The Yuma County South Complex would provide satellite 
offices for the following county departments: Health, Courts, 
Probation, Assessor, Board of Supervisors, and Information Technology. 
There would also be parking lots, and other necessary site improvements 
such as access lanes and retention areas.

DATES: Submit comments on or before February 14, 2008.

ADDRESSES: Detailed information including but not limited to, a 
proposed development plan and documentation relating to compliance with 
applicable environmental and cultural resource laws, is available for 
review at the BLM Yuma Field Office, 2555 E. Gila Ridge Road, Yuma, 
Arizona 85365.

FOR FURTHER INFORMATION CONTACT: Realty Specialist Francisca Mueller 
Realty Specialist, (928) 317-3237.

SUPPLEMENTARY INFORMATION: The lands are not needed for any Federal 
purposes.
    Lease or conveyance of the lands for recreational or public 
purposes use is consistent with the BLM Yuma District Resource 
Management Plan dated February 1987, and would be in the public 
interest.
    All interested parties will receive a copy of this notice once it 
is published in the Federal Register. The notice will be published in a 
newspaper of local circulation for three consecutive weeks. The 
regulations do not require a public 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 R&PP Act and leasing under the mineral leasing 
laws.
    The lease or conveyance of the land, when issued, will be subject 
to the following terms, conditions, and reservations:

[[Page 74326]]

    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.
    4. All valid existing rights documented on the official public land 
records at the time of lease or patent issuance.
    5. 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 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.''
    6. Indemnification Term: ``All lessees, purchasers, or patentees, 
by accepting a lease or patent, covenant and agree 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, 
or lessees, or any third-party, arising out of or in connection with 
the patentees' 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 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: 
(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 or State environmental laws, off, on, into or under land, 
property and other interests of the United States; (5) 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 (6) Natural resource 
damages as defined by Federal and State law. Patentee shall stipulate 
that it will be solely responsible for compliance with all applicable 
Federal, State and local environmental and regulatory provisions, 
throughout the life of the facility, including any closure or post-
closure requirements that may be imposed with respect to any physical 
plant or facility upon the real property under any Federal, State or 
local environmental laws or regulatory provisions. 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.''
    7. The lessee/patentee and its successor or assigns in interest 
shall comply with and shall not violate any of the terms or provisions 
of Title VI of the Civil Rights Act of 1964 (78 Stat. 241), and 
requirements of the regulations, as modified or amended, of the 
Secretary of the Interior issued pursuant thereto (43 CFR part 17) for 
the period that the lands conveyed herein are used for the purpose for 
which the grant was made pursuant to the act cited above, or for 
another purpose involving the provision of similar services or 
benefits.
    Classification Comments: Interested parties may submit comments 
involving the suitability of the land for development of the South 
County Branch Library and/or the Yuma County South Complex. Comments on 
the classification is 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.
    Application Comments: Interested parties may submit comments 
regarding the specific uses proposed in the applications and plans 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 public purposes. Any adverse comments 
will be reviewed by the BLM State Director. In the absence of any 
adverse comments, the classification will become effective on February 
29, 2008. 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, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you may 
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.

(Authority: 43 CFR 2741.5.)

    Dated: November 29, 2007.
Bruce Rittenhouse,
Assistant Field Manager for Resources, Land, and Minerals; Acting Field 
Manager.
[FR Doc. E7-25384 Filed 12-28-07; 8:45 am]
BILLING CODE 4310-32-P