Notice of Realty Action; Recreation and Public Purposes Act Classification; Tenakee Springs, AK, 74805-74806 [2011-30724]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Notices]
[Pages 74805-74806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30724]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AKA01300.L14100000.ES0000; AA-092370, and AA-092371]


Notice of Realty Action; Recreation and Public Purposes Act 
Classification; Tenakee Springs, AK

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) examined approximately 
0.31 acres of public land in Alaska and found it suitable for 
classification for lease or conveyance to the City of Tenakee Springs 
under the provisions of the Recreation and Public Purposes (R&PP) Act, 
as amended, and under Sec. 7 of the Taylor Grazing Act, and Executive 
Order No. 6910. The City of Tenakee Springs proposes to use the land 
for a community park and garden, and a community public hot springs 
bath.

DATES: Submit comments on or before January 17, 2012.

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 BLM Anchorage Field Office, 4700 BLM Road Anchorage, 
Alaska 99507-2591.

FOR FURTHER INFORMATION CONTACT: Stephen Fusilier, Lands Branch 
Manager, (907) 267-1252. Persons who use a telecommunications device 
for the deaf (TDD) may call the Federal Information Relay Service 
(FIRS) at 1 (800) 877-8339 to contact the above individual during 
normal business hours. The FIRS is available 24 hours a day, 7 days a 
week, to leave a message or question with the above individual. You 
will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION: The following public land identified by the 
BLM as suitable for classification for lease or conveyance to the City 
of Tenakee Springs under the provisions of the Recreation and Public 
Purposes

[[Page 74806]]

(R&PP) Act, as amended, 43 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:

Copper River Meridian

T. 47 S., R. 63 E.,
U.S. Survey 1409
    Mineral Springs Reserve 1, Lot 6
    Mineral Springs Reserve 3, Lot 1

    The area describes contains approximately 0.31 acre

    The City of Tenakee Springs has not applied for more than the 
6,400-acre limitation for recreation uses in a year.
    The City of Tenakee Springs has submitted a statement in compliance 
with the regulations at 43 CFR 2741.4(b). The City of Tenakee Springs 
proposes to use the land as a community park and garden, and a 
community public hot springs bath. Lease or conveyance of the land for 
recreational or public purposes use is consistent with the March 2008 
BLM Ring of Fire Resource Management Plan and is in the public 
interest. The land is not needed for Federal purposes and is not 
affected by State of Alaska or local land use plans.
    Upon publication of this notice in the Federal Register, the land 
described herein 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 or conveyance of the land, when 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 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;
    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. 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 1 year or more, nor had any hazardous substances been 
disposed of or released on the subject property; and
    6. The lessee and/or patentee, by accepting the lease and/or 
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 patentee, its 
employees, agents, contractor, or lessees, or any third party, arising 
out of, or in connection with, the 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 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 patented real property that 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 
substance(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 
substance(s) or waste(s); or (f) Natural resource damages as defined by 
Federal and State law. 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.
    Classification Comments: Interested persons may submit comments 
involving the suitability of the land for development of a community 
park and garden, and a community public hot springs bath. 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 a community park and garden, and a 
community public hot springs bath.
    The BLM State Director will review any adverse comments. In the 
absence of any adverse comments, the classification will become 
effective on January 30, 2012. The land will not be offered for 
conveyance until after the classification becomes effective.
    Before including your address, phone number, email 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(h)(3).

Matthew S. Varner,
Acting Field Manager.
[FR Doc. 2011-30724 Filed 11-30-11; 8:45 am]
BILLING CODE 4310-JA-P