Notice of Realty Action: Recreation and Public Purposes (R&PP) Act Classification of Public Lands for Conveyance to Lemhi County, ID, 11432-11433 [E8-3988]

Agencies

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

[Federal Register Volume 73, Number 42 (Monday, March 3, 2008)]
[Notices]
[Pages 11432-11433]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3988]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[ID-340-08-1430-FR 241A, IDI-32610-01, IDI-32611-01, and IDI-33660-01]


Notice of Realty Action: Recreation and Public Purposes (R&PP) 
Act Classification of Public Lands for Conveyance to Lemhi County, ID

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: The Bureau of Land Management (BLM) has examined three parcels 
of public land, approximately 49.79 acres in Lemhi County, Idaho and 
has determined them to be suitable for classification for conveyance to 
Lemhi County Commission under the provisions of the Recreation and 
Public Purposes (R&PP) Act (43 U.S.C. 869, et seq.), as amended.

DATES: Comments regarding the proposed conveyance will be accepted 
until April 17, 2008.

ADDRESSES: Address all written comments concerning this Notice to 
Steven Hartmann, BLM Salmon Field Manager, 1206 South Challis Street, 
Idaho 83467.

FOR FURTHER INFORMATION CONTACT: Gloria Jakovac, Realty Specialist, at 
the above address or (208) 756-5421.

SUPPLEMENTARY INFORMATION: The following described public land in Lemhi 
County, Idaho, has been examined and found suitable for conveyance to 
the Lemhi County Commission under the provisions of the Recreation and 
Public Purposes Act, as amended (43 U.S.C. 869 et seq.):

Boise Meridian, Idaho

T.15 N., R. 22 E.,
    Section 32, lot 2.
T. 21 N., R. 22 E.,
    Section 28, S\1/2\SE\1/4\SE\1/4\;
    Section 33, NE\1/4\NE\1/4\NE\1/4\, N\1/2\NW\1/4\NE\1/4\NE\1/4\, 
SE\1/4\NW\1/4\NE\1/4\NE\1/4\.
T. 21 N., R. 23 E.,
    Section 34, lot 7.

    The land described above contains approximately 49.79 acres in 
Lemhi County. The Lemhi County Commission proposes to continue the 
existing use of the parcels to meet the public needs of the Salmon 
area. Two of the parcels identified above have been used by Lemhi 
County since 1994 for the purposes of satellite dumpster sites to 
gather residential refuse and then transfer it to the Lemhi County 
Landfill located near Salmon, Idaho. The third site is authorized to 
Lemhi County for the purposes of a public rifle range and has been 
used for such purposes since 1993. All three sites were constructed 
and are maintained by Lemhi County or their assigned community 
board.

[[Page 11433]]

All three parcels located in Lemhi County, Idaho have been examined 
and found suitable for classification for conveyance under the 
provisions of the R&PP Act, as amended (43 U.S.C. 869 et seq.) and 
is hereby classified accordingly. It has been determined that 
conveyance of the three parcels to Lemhi County for recreational and 
public purposes use is consistent with the Lemhi Resource Management 
Plan dated 1987, as amended, and the Challis Resource Management 
Plan dated 1999. It has been determined that the lands are not 
needed for any Federal purpose and existing resource values will not 
be affected by the disposal of the parcels of public land. Upon 
publication of this notice in the Federal Register, the lands 
described above 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 conveyance, when issued for each parcel, will be subject to the 
provisions of the R&PP Act and applicable regulation of the Secretary 
of the Interior, and will be subject to the following terms, 
conditions, and reservations:
    1. A reservation of a right-of-way thereon for ditches and canals 
constructed by the authority of the United States pursuant to the Act 
of August 30, 1890 (26 Stat. 391; 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 such deposits from the 
same under applicable law and such regulations as the Secretary of the 
Interior may prescribe, including all necessary access and exit rights.
    3. The conveyance will be subject to valid existing rights of 
record, including, but not limited to, those documented on the BLM 
public land records at the time of conveyance of the lands.
    4. 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. 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 patented real property 
and may be enforced by the United States in a court of competent 
jurisdiction.
    Terms, conditions, and reservations specific to each parcel as 
follows will also be included in the conveyance document:

IDI-33660--Pahsimeroi Dumpster Site

    1. IDI-20154--Those rights held by Lemhi County, its successors or 
assigns, for an existing road exercised under RS2477 and noted under 
BLM Serial Number IDI-20154.
    2. IDI-6611--Those rights held by Idaho Department of 
Transportation, its successors or assigns, for an existing road right-
of-way, 200 feet wide.

IDI-32611--Baker Dumpster Site

    1. IDI-20154--Those rights held by Lemhi County, its successors or 
assigns, for an existing road exercised under RS2477 and noted under 
BLM Serial Number IDI-20154.
    2. IDI-35820--Those rights held by Century Telephone Inc. for a 
buried telephone line right-of-way.
    Continued use of the land by valid right-of-way holders is proper 
subject to the terms and conditions of the grant.
    Classification Comments: Interested parties may submit comments 
involving the suitability of the lands for the purposes described 
above. Comments on the classification are restricted:
    (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.
    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 dumpster site or public rifle range 
as previously described. 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. Any adverse comments will be reviewed by the BLM, 
Idaho State Director who may sustain, vacate, or modify this realty 
action. In the absence of any adverse comments, the classification will 
become effective on May 2, 2008. The lands will not be offered for 
conveyance until after the classification becomes effective.

    Authority: 43 Code of Federal Regulations (CFR) 2741.

Joe J. Kraayenbrink,
District Manager, Idaho Falls District.
[FR Doc. E8-3988 Filed 2-29-08; 8:45 am]
BILLING CODE 4310-GG-P