Notice of Realty Action; Recreation and Public Purposes Act Classification; California, 5200-5201 [2011-1837]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 76, Number 19 (Friday, January 28, 2011)]
[Notices]
[Pages 5200-5201]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1837]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCAD-0800-1430-ER; CACA 4318]


Notice of Realty Action; Recreation and Public Purposes Act 
Classification; California

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 and conveyance under Section 7 of the 
Taylor Grazing Act, 43 U.S.C. 315f, and the provisions of the 
Recreation and Public Purposes (R&PP) Act, as amended, 50.15 acres of 
public land in County of Inyo, California. The County of Inyo has filed 
an R&PP application to purchase the 50.15-acre parcel of public land 
that contains a closed solid waste landfill facility.

DATES: Comments of interested persons must be received in the BLM 
Barstow Field Office at the address below on or before March 14, 2011. 
Only written comments will be accepted.

ADDRESSES: Bureau of Land Management, Barstow Field Office, 2601 
Barstow Road, Barstow, California 92311.

FOR FURTHER INFORMATION CONTACT: Birgit Hoover, Realty Specialist, BLM 
Barstow Field Office, (760) 252-6035. Detailed information concerning 
this action, including but not limited to documentation related to 
compliance with applicable environmental and cultural resource laws, is 
available for review at the BLM Barstow Field Office at the address 
above.

SUPPLEMENTARY INFORMATION: The following described public land in Inyo 
County, California has been examined and found suitable for 
classification and conveyance under Section 7 of the Taylor Grazing 
Act, 43 U.S.C. 315f, and the provisions of the R&PP Act as amended, 43 
U.S.C. 869 et seq., and is hereby classified accordingly:

San Bernardino Meridian

    T. 22N., R. 7E.,
    sec. 29, SE\1/4\SW\1/4\SE\1/4\ and SW\1/4\SE\1/4\SE\1/4\;
    sec. 32, NW\1/4\NE\1/4\NE\1/4\ and E \1/2\NW\1/4\NE\1/4\.
    The area described contains 50.15 acres in Inyo County.

    The land is not needed for any Federal purpose. The County of Inyo 
has leased the described property from BLM since May of 1983. The 
described property will be conveyed to the County of Inyo without 
possibility of reverter to the United States pursuant to 43 CFR 2743.3-
1(c). The conveyance is consistent with current Bureau land use 
planning and would be in the public interest. The patent, if issued, 
will be subject to the provisions of the R&PP Act and applicable 
regulations of the Secretary of the Interior, in particular, but not 
limited to 43 CFR 2743.3-1, and will contain the following additional 
reservations, terms, and conditions:
    1. A right-of-way thereon for ditches or 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 the minerals under 
applicable laws and such regulations as the Secretary of the Interior 
may prescribe, including all necessary access and exit rights.
    3. The patent, if issued, will be subject to all valid existing 
rights.
    4. The patentee, by accepting a patent, covenants and agrees to 
indemnify, defend, and hold the United States and its officers, agents, 
representatives, and employees (hereinafter referred to in this clause 
as 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: (a) 
Violations of Federal, State, and local laws and regulations that are 
now or may in the future become, applicable to the real property; (b) 
Judgments, claims, or demands of any kind assessed against the United 
States; (c) Costs, expenses, or damages of any kind incurred by the 
United States; (d) Releases or threatened releases of solid or 
hazardous waste(s) and/or hazardous

[[Page 5201]]

substances(s), as defined by Federal or State environmental laws, off, 
on, into or under land, property and other interests of the United 
States; (e) 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 (f) Natural resource damages as defined by 
Federal and State law. 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.
    5. 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.
    6. Upon publication of this notice in the Federal Register, the 
public land described above is segregated from all forms of 
appropriation under the public land laws, including the general mining 
laws, except for conveyance under the R&PP Act. Interested parties may 
submit comments regarding the proposed conveyance classification of the 
lands for a period of 45 days from the date of publication of this 
notice in the Federal Register.
    Classification Comments: Interested parties may submit comments 
involving the suitability of the land for a closed solid waste 
facility. 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. The classification of the land 
described in this Notice will become effective March 29, 2011. The land 
will not be offered for conveyance until after the classification 
becomes effective.
    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 closed solid waste facility. Any 
adverse comments will be reviewed by the BLM California State Director 
who may sustain, vacate, or modify this realty action. In the absence 
of any adverse comments, this realty action will become the final 
determination of the Department of the Interior.
    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. In the absence of any adverse comments, the 
classification of the land described in this notice will become 
effective March 29, 2011. The land will not be available for conveyance 
until after the classification becomes effective.

(Authority: 43 CFR 2741.5)

Karla D. Norris,
Associate Deputy State Director.
[FR Doc. 2011-1837 Filed 1-27-11; 8:45 am]
BILLING CODE 4310-40-P