Notice of Realty Action: Recreation and Public Purposes Act Classification, Lake County, CO, 43202-43203 [2010-18049]

Agencies

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

[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Notices]
[Pages 43202-43203]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18049]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-200-1430-FR; COC-71156]


Notice of Realty Action: Recreation and Public Purposes Act 
Classification, Lake County, CO

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) proposes to classify 
approximately 26.99 acres of public land for lease and eventual 
conveyance under the authority of the Recreation and Public Purposes 
(R&PP) Act, as amended, to the 10th Mountain Division Hut Association, 
a not-for-profit organization. The 10th Mountain Division Hut 
Association intends to use the lands to site a small warehouse, 
administrative offices, and two units of employee housing.

DATES: Interested parties may submit written comments regarding the 
proposed lease/conveyance or classification to the address below on or 
before September 7, 2010.

ADDRESSES: Detailed information, including but not limited to, a 
proposed development plan and documentation relating to compliance with 
applicable environmental and cultural resources laws, is available for 
review at the BLM Royal Gorge Field Office, 3028 East Main Street, 
Canon City, Colorado 81212.

FOR FURTHER INFORMATION CONTACT: Jan Lownes at (719) 269-8546 or e-
mail: jlownes@co.blm.gov.

SUPPLEMENTARY INFORMATION: The following public land parcel in Lake 
County, Colorado, has been examined and found suitable for 
classification for lease and subsequent conveyance to the 10th Mountain 
Division Hut Association under the provisions of the R&PP Act, as 
amended, and the Taylor Grazing Act, 43 U.S.C. 315(f) (classification).

Sixth Principal Meridian

T. 9 S., R. 80 W.,
    Sec. 33, Proposed lot 14, (All Public lands located in N\1/
2\NW\1/4\).

    The described area contains approximately 26.99 acres in Lake 
County.

    The 10th Mountain Hut filed a petition-application under the 
provisions of the R&PP Act, as amended (43 U.S.C. 869 et seq.) for 
classification, lease and conveyance. The 10th Mountain Division Hut 
Association (10th Mountain Hut) has not applied for more than the 
6,400-acre limitation for recreation uses in a year.

[[Page 43203]]

    The 10th Mountain Hut has submitted a statement in compliance with 
the regulations implementing the R&PP Act, at 43 CFR 2741.4(b). The 
10th Mountain Hut proposes to use the land as a base of operations to 
adequately maintain huts owned and operated by 10th Mountain Hut, and 
to continue to provide a quality public recreation experience. The 10th 
Mountain Hut operates a series of 14 backcountry huts in the Central 
Rocky Mountains for public use. Their goal is to promote understanding 
and appreciation of the natural mountain environment while developing 
individual self-reliance. The facilities would include a warehouse, 
small administrative office, and two units of employee housing.
    The 10th Mountain Hut has not requested more land than is needed 
for their development and management plans.
    The land is not needed for any Federal purposes and has been 
identified for disposal in the BLM Royal Gorge Resource Management Plan 
(May 13, 1996). Conveyance of the land for recreational or public 
purposes is consistent with current BLM land use planning, is in the 
public interest, and would complement the 10th Mountain Hut's outdoor 
recreation program.
    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 3 consecutive weeks. The regulations 
do not require a public meeting.
    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 
conveyance under the R&PP Act and leasing under the mineral leasing 
laws.
    The R&PP lease and subsequent patent, if issued, will be subject to 
the following terms, conditions and reservations:
    1. A reservation to the United States for ditches and canals 
constructed by the authority of the United States under the Act of 
August 30, 1890 (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 mineral deposits in the parcel shall be reserved to the 
United States together with the right to prospect for, mine and remove 
the minerals, according to any regulations as the Secretary may 
prescribe, along with all necessary access and exit rights.
    4. All valid existing rights documented on the official public land 
records at the time of patent issuance.
    5. Indemnification Term: The lessee/patentee, by accepting the 
lease/patent, covenants and 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/patentee, its employees, agents, contractor, or lessees, or any 
third party, arising out of, or in connection with, the lessee's/
patentee's use, occupancy or operations on the leased/patented real 
property. This indemnification and hold harmless agreement includes, 
but is not limited to, acts and omissions of the lessee/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/patented real property that 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 solid 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/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. If and when the land is patented, this covenant shall be 
construed as running with the patented real property and may be 
enforced by the United States in a court of competent jurisdiction.
    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.
    Classification Comments: Interested persons may submit comments 
involving the suitability of the land for development as a base of 
operations for a nonprofit organization providing recreational 
opportunities, to include: A warehouse, fenced yard, small 
administrative office, and two units of employee housing. 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, 
including notification 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, or any other factors not directly 
related to the suitability of the land for recreational use and 
development. 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 21, 2010. The land 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, 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.

    Authority:  43 CFR 2741.5.

John Mehlhoff,
Associate State Director.
[FR Doc. 2010-18049 Filed 7-22-10; 8:45 am]
BILLING CODE 4310-JB-P