Notice of Realty Action: Recreation and Public Purposes Act Classification; Rio Blanco County, Colorado, 39275-39276 [2010-16603]

Agencies

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

[Federal Register Volume 75, Number 130 (Thursday, July 8, 2010)]
[Notices]
[Pages 39275-39276]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16603]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCON05000-L14300000-ES0000; COC-73764]


Notice of Realty Action: Recreation and Public Purposes Act 
Classification; Rio Blanco County, Colorado

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 lease and subsequent conveyance under 
the provisions of the Recreation and Public Purposes Act (R&PP), as 
amended, approximately 19.98 acres of public land in Rio Blanco County, 
Colorado. Rangely District Hospital proposes to use the land for a 
hospital.

DATES: Interested parties may submit written comments regarding the 
proposed lease/conveyance or classification on or before August 23, 
2010.

ADDRESSES: Comments should be sent to the Field Manager, BLM White 
River Field Office, 220 East Market Street, Meeker, Colorado 81641.

FOR FURTHER INFORMATION CONTACT: Stacey Burke, Realty Specialist, at 
the address above, by telephone at (970) 878-3827, or by e-mail at: 
Stacey_Burke@blm.gov.

SUPPLEMENTARY INFORMATION: In accordance with Section 7 of the Taylor 
Grazing Act, (43 U.S.C. 315(f)) and Executive Order No. 6910, the 
following described public land in Rio Blanco County, Colorado, has 
been examined and found suitable for classification for lease and 
subsequent conveyance under the provisions of the R&PP Act, as amended, 
(43 U.S.C. 869 et seq.):

Sixth Principal Meridian

T. 1 N., R. 102 W.,
    Sec. 2, lots 10 and 23.

    The area described contains approximately 19.98 acres in Rio Blanco 
County, Colorado.
    In accordance with the R&PP Act, Rangely District Hospital filed an 
R&PP application to develop the above-described land as a hospital with 
a parking area and helipad. The land is not needed for any Federal 
purpose. The lease and subsequent conveyance is consistent with the BLM 
White River Record of Decision and Approved Resource Management Plan 
dated July 1, 1997, and would be in the public interest. The lease/
conveyance, when issued, will be subject to the provisions of the R&PP 
Act and applicable regulations of the Secretary of the Interior, and 
will be subject to the following terms, conditions, and reservations to 
the United States:
    1. 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 
(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, along with all necessary access and exit 
rights.
    3. A right-of-way, across the above-described lands, for a natural 
gas pipeline granted to Public Service Company of Colorado, its 
successors or assigns, by right-of-way COC-1972 pursuant to the Act of 
February 25, 1920 (41 Stat. 0437, 30 U.S.C. 185, sec. 28).
    4. A right-of-way, across the above-described lands, for a natural 
gas pipeline granted to Northwest Pipeline, its successors or assigns, 
by right-of-way COC-61016 pursuant to the Act of February 25, 1920 (41 
Stat. 0437, 30 U.S.C. 185, sec. 28).
    5. A right-of-way, across the above-described lands, for a road 
granted to the Town of Rangely, its successors or assigns, by right-of-
way COC-26770 pursuant to the Act of July 26, 1866 (Revised Stat. 2477, 
43 U.S.C. 932).
    6. A right-of-way, across the above-described lands, for water 
utilities granted to the Town of Rangely, its successors or assigns, by 
right-of-way COC-23658B pursuant to the Act of February 15, 1901 (90 
Stat. 2776, 43 U.S.C. 1761).
    7. A right-of-way, across the above-described lands, for a bike 
path granted to the Town of Rangely, its successors or assigns, by 
right-of-way COC-50035 pursuant to the Act of October 21, 1976 (31 
Stat. 0790, 43 U.S.C. 959).
    8. Any other valid rights-of-way that may exist at the time of 
lease or conveyance.
    9. All valid existing rights documented on the official public land 
records at the time of patent issuance.
    10. Indemnification Term: The lessee or patentee, its successors or 
assigns, by

[[Page 39276]]

accepting a lease or patent, agrees 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 
arising from the past, present, or future acts or omissions of the 
lessee or patentee, its employees, agents, contractor, or lessees, or 
any third party, arising out of, or in connection with, the lessee or 
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 or patentee and its 
employees, agents, contractors or lessees, or any third party, arising 
out of or in connection with the use and/or occupancy of the leased or 
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 substance(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 leased or 
patented real property, and any cleanup response, remedial action, or 
other actions related in any manner to said solid or hazardous 
substance(s) or waste(s); or (6) natural resource damages as defined by 
Federal and State law. This covenant shall be construed as running with 
the real property should the lease or patent be transferred to another 
party and may be enforced by the United States in a court of competent 
jurisdiction.
    11. 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 parcel has been 
examined and no evidence was found to indicate that any hazardous 
substances have been stored for 1 year or more, nor had any hazardous 
substances been disposed of or released on the subject property.''
    Upon publication of this notice in the Federal Register, the parcel 
will be segregated from all other forms of appropriation under the 
public land laws, including the general mining laws, except for lease/
conveyance under the R&PP Act, leasing under the mineral leasing laws, 
and disposals under the mineral material disposal laws.
    Classification Comments: Interested persons may also submit 
comments on the application of the lands as suitable for development as 
hospital facilities. 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.
    Interested persons may also submit comments on the application, 
including the notification of the BLM of any encumbrances or other 
claim relating to the parcel, and regarding the specific use proposed 
in the application and plan of development, whether the BLM followed 
proper administrative procedures in reaching the decision to lease/
convey the land under the R&PP Act, or any other factors not directly 
related to the suitability of the land for public hospital facilities. 
Any adverse comments will be reviewed by the BLM Colorado State 
Director. In the absence of any adverse comments, this realty action 
will become effective on September 7, 2010. The land will not be 
offered for lease/conveyance until after the classification becomes 
effective. Only written comments submitted by postal service or 
overnight mail to the Field Manager, BLM White River Field Office, will 
be considered properly filed. E-mail, facsimile, or telephone comments 
will not be considered properly filed. Documents related to this action 
are on file at the BLM White River Field Office at the address above 
and may be reviewed by the public at their request. 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 your personal identifying information from public review, we 
cannot guarantee that we will be able to do so.

    Authority:  43 CFR 2741.5.

Helen M. Hankins,
State Director.
[FR Doc. 2010-16603 Filed 7-7-10; 8:45 am]
BILLING CODE 4310-JB-P