Notice of Realty Action: Recreation and Public Purposes Act Classification and Conveyance of Public Lands in Garfield County, CO, 31978-31979 [2011-13722]

Agencies

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

[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Notices]
[Pages 31978-31979]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13722]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCON040000-L14300000-EU0000; COC-07446101]


Notice of Realty Action: Recreation and Public Purposes Act 
Classification and Conveyance of Public Lands in Garfield County, CO

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty Action.

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SUMMARY: The Bureau of Land Management (BLM), Colorado River Valley 
Field Office, examined approximately 62.5 acres of public land in 
Garfield County, Colorado, and found the land suitable for 
classification for conveyance under the provisions of the Recreation 
and Public Purposes Act (R&PP). The City of Glenwood Springs proposes 
to use the land to expand its existing South Canyon Landfill.

DATES: Interested parties may submit written comments regarding the 
proposed conveyance or classification on or before July 18, 2011.

ADDRESSES: Comments should be sent to Steve Bennett, Field Manager, BLM 
Colorado River Valley Field Office, 2300 River Frontage Road, Silt, 
Colorado 81652.

FOR FURTHER INFORMATION CONTACT: Carole Huey, Realty Specialist, at the 
address above or by telephone at (970) 876-9023 or e-mail 
chuey@blm.gov.

SUPPLEMENTARY INFORMATION: The BLM examined and found the following 
public land in Garfield County, Colorado, suitable for classification 
for conveyance to the City of Glenwood Springs under the provisions of 
the R&PP Act, as amended (43 U.S.C. 869 et seq.), and the Taylor 
Grazing Act, 43 U.S.C. 315(f) (classification) and Executive Order No. 
6910:

Sixth Principal Meridian

T. 6 S., R. 90 W.
    Sec. 3, NE\1/4\NE\1/4\NE\1/4\SW\1/4\, S\1/2\NE\1/4\NE\1/4\SW\1/
4\, SE\1/4\NW\1/4\NE\1/4\SW\1/4\, S\1/2\NE\1/4\SW\1/4\, W\1/2\SW\1/
4\NE\1/4\SE\1/4\, W\1/2\NW\1/4\NW\1/4\SE\1/4\, SE\1/4\NW\1/4\NW\1/
4\SE\1/4\, and S\1/2\NW\1/4\SE\1/4\.

    The area described contains approximately 62.5 acres in Garfield 
County.

    The land is not needed for any Federal purpose. The conveyance is 
consistent with the BLM Glenwood Springs Record of Decision and 
Approved Resource Management Plan dated January 1984, which was revised 
in 1988, and would be in the public interest.
    In accordance with the R&PP Act, the City of Glenwood Springs filed 
an R&PP application to develop the above described land as an expansion 
of its South Canyon Landfill.
    The City of Glenwood Springs submitted a statement in compliance 
with the regulations (43 CFR 2741.4(b)) implementing the R&PP Act. The 
City of Glenwood Springs proposes to use the land to expand its 
existing landfill. Transferring 62.5 acres under the R&PP Act would 
allow the City to conform to the State of Colorado's Hazardous 
Materials and Waste Management Division under Subtitle D. In addition, 
the City of Glenwood Springs would have full control of surface water 
on the expanded South Canyon site. The proposed expansion would extend 
the life of South Canyon Landfill by 20 to 25 years in a cost effective 
manner.
    The conveyance, if issued, will be subject to the provisions of the 
R&PP Act and applicable regulations, including, but not limited to, 43 
CFR Part 2743, and will be subject to the

[[Page 31979]]

following terms, conditions, and reservations to the United States:
    1. A reservation to the United States 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. Provisions of the R&PP Act and to all applicable regulations.
    3. 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, along with all necessary access and exit 
rights.
    4. A right-of-way, across the above-described lands, for a road 
granted to Telecom Towers LLP, its successors or assigns, by right-of-
way COC-61885 pursuant to the Act of October 21, 1976 (31 Stat. 0790, 
43 U.S.C. 959).
    5. Any other valid rights-of-way that may exist at the time of 
conveyance.
    6. All valid existing rights documented on the official public land 
records at the time of patent issuance.
    An indemnification clause protecting the United States from claims 
arising out of the lessee's/patentee's use, occupancy, or operations on 
the land.

    Pursuant to the requirements established by section 120(h) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act. 9620(h), 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.

    A limited reversionary provision states that the title shall revert 
to the United States upon a finding, after notice and opportunity for a 
hearing, that the patentee has not substantially developed the land in 
accordance with the approved plan of development within 5 years after 
the date of conveyance. No portion of the land will under any 
circumstances revert to the United States if any such portion has been 
used for solid waste disposal or any other purpose which may result in 
the disposal, placement, or release of any hazardous substance. 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 United States general mining laws, except for 
conveyance under the R&PP Act, leasing under the mineral leasing laws, 
and disposals under the mineral material disposal laws.
    Interested persons may submit comments involving the suitability of 
the land for development as an expansion of the existing City of 
Glenwood Springs South Canyon Landfill. 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 
whether the use is consistent with state and Federal programs. 
Interested persons may submit comments, including notification of any 
encumbrances or other claims relating to the parcel, regarding the 
specific use proposed in the application and plan of development, 
whether the BLM followed appropriate administrative procedures in 
reaching the decision to convey under the R&PP Act, or any other 
factors not directly related to the suitability of the land for 
landfill purposes.
    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 August 1, 2011. The land will not be offered 
for conveyance until after the classification becomes effective.
    Only written comments submitted by postal service or overnight mail 
to the BLM Colorado River Valley 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 Colorado River Valley 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, 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.
    The land will not be available for conveyance until after the 
classification becomes effective, and until a determination of 
significance and decision record are signed for the completed 
Environmental Assessment.

    Authority:  43 CFR 2741.5.

Helen M. Hankins,
State Director.
[FR Doc. 2011-13722 Filed 6-1-11; 8:45 am]
BILLING CODE 4310-JB-P