Notice of Realty Action; Recreation and Public Purposes (R&PP) Act Classification; Arizona, 32645-32646 [E9-16129]

Agencies

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

[Federal Register Volume 74, Number 129 (Wednesday, July 8, 2009)]
[Notices]
[Pages 32645-32646]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16129]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLAZP01000-09-L14300000.ES0000; AZA-32053]


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

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The following public lands in Maricopa County, Arizona, have 
been examined by the Bureau of Land Management (BLM) and found suitable 
for classification for lease and/or conveyance to the Town of Buckeye 
under the provisions of the R&PP Act, as amended, 43 United States Code 
(U.S.C.) 869 et seq., and under Sec. 7 of the Taylor Grazing Act, 43 
U.S.C. 315(f), and Executive Order No. 6910.

Gila and Salt River Meridian

T. 2 N., R. 3 W.,
    Sec. 4, lots 1 to 4, inclusive, S\1/2\N\1/2\, and S\1/2\;
    Sec. 5, lot 1, SE\1/4\NE\1/4\, and E\1/2\SE\1/4\;
    Sec. 8, E\1/2\E\1/2\;
    Sec. 9;
    Sec. 14, W\1/2\;
    secs. 15 and 17;
    Sec. 18, lots 1 to 4, inclusive, and E\1/2\E\1/2\;
    Sec. 19, lots 1 to 4, inclusive, and E\1/2\E\1/2\;
    Secs. 20, 21, and 22;
    Sec. 26, S\1/2\;
    Sec. 27, N\1/2\, N\1/2\S\1/2\, SE\1/4\SW\1/4\, and S\1/2\SE\1/
4\;
    Sec. 28, N\1/2\, N\1/2\S\1/2\, S\1/2\SW\1/4\, and SW\1/4\SE\1/
4\;
    Sec. 29;
    Sec. 33, lots 1 to 4, inclusive, W\1/2\NE\1/4\, NW\1/4\, and 
N\1/2\S\1/2\;
    Sec. 34, lot 1, N\1/2\NE\1/4\, and NE\1/4\NW\1/4\;
    Sec. 35, NE\1/4\NE\1/4\, E\1/2\NW\1/4\NE\1/4\, and W\1/2\NW\1/
4\NW\1/4\.

    The area described contains 8675.36 acres in Maricopa County.

    The Town of Buckeye has applied for more than the 6,400 acre 
limitation for recreation uses in a year. Under the provisions of the 
R&PP Act, BLM will not lease or convey more than 6,400 acres (with 
limited exceptions) to the Town of Buckeye in any one calendar year.
    The Town of Buckeye has submitted a statement in compliance with 
the regulations at 43 Code of Federal Regulations (CFR) 2741.4(b). The 
Town of Buckeye proposes to use the land as open space and for 
recreational park purposes. Related facilities will include hiking 
trails, picnicking and camping areas, restroom facilities, and parking.

DATES: Submit comments on or before August 24, 2009.

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 Bureau of Land Management, Phoenix District, 21605 North 
7th Avenue, Phoenix, Arizona 85027. Written comments should also be 
directed to this address.

FOR FURTHER INFORMATION CONTACT: Jo Ann Goodlow, Realty Specialist, at 
623-580-5548.

SUPPLEMENTARY INFORMATION: The lands are not needed for any Federal 
purposes.
    Lease and/or conveyance of the lands for recreational or public 
purposes use is consistent with the BLM Amendment and Environmental 
Assessment to the Lower Gila North Management Framework Plan and the 
Lower Gila South Resource Management Plan dated July 2005, 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 
the newspaper of local circulation for 3 consecutive weeks.
    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 and/or patent of the land, if issued, will be subject to 
the following terms, conditions, and reservations:
    1. A right-of-way thereon for ditches and canals constructed by the 
authority of the United States Act of August 30, 1890, 26 Statute 
(Stat.) 391 (43 U.S.C. 945).
    2. Provisions of the R&PP Act and to all applicable regulations of 
the Secretary of the Interior, including, but not limited to, those 
terms required by 43 CFR 2741.9.
    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 lessee's/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 lessee/
patentee and their employees, agents,

[[Page 32646]]

contractors, or lessees, or any third party, arising out of or in 
connection with the use and/or occupancy of the leased/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, 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. Lessee/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.''
    Classification Comments: Interested persons may submit comments 
involving the suitability of the land for development of open space and 
recreational park purposes. 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.
    Application Comments: Interested persons 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 lands for open space and recreational park 
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 September 8, 2009. The lands will not be 
offered for 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 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.

    Authority: 43 CFR 2741.5.

Teresa A. Raml,
District Manager.
[FR Doc. E9-16129 Filed 7-7-09; 8:45 am]
BILLING CODE 4310-32-P