[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)] [Notices] [Pages 14297-14298] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-6449] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR [UT-069-05-5700-11; UTU-70117] Realty Action Recreation and Public Purposes (R&PP) Act Classification for Conveyance (Patent) of Public Lands in San Juan County, UT AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Realty Action, UTU-70117, Recreation and Public Purposes (R&PP) Act Classification for Conveyance (Patent) of Public Lands in San Juan County, Utah. ----------------------------------------------------------------------- SUMMARY: Notice is given that the following public lands in San Juan County, Utah have been examined and found suitable for classification for conveyance (patent) to San Juan County under the provisions of the Recreation and Public Purposes Act, as amended and supplemented (43 U.S.C. 869 et seq.). San Juan County proposes to use the lands for a regional sanitary landfill site. Salt Lake Meridian, Utah T. 39 S., R. 22 E. Section 3, W2SWSW, SESWSW, S2NESWSW, S2SWSESW; Section 4, S2SE; Section 9, NE; Section 10, W2NW, W2NENW, NWSENW. The above described land aggregates 390.00 acres more or less. A plan amendment has been completed and is being reviewed by the public. This amendment, if approved, would allow these lands to be available for disposal under the Recreation and Public Purposes Act for a regional sanitary landfill site. The Patent, When Issued, Will Be Subject to the Following Terms, Conditions and Reservations 1. Provisions of the Recreation and Public Purposes Act and to all applicable regulations of the Secretary of the Interior. 2. A right-of-way will be reserved 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). 3. All minerals, including oil and gas, shall be reserved to the United States, together with the right to prospect for, mine and remove the minerals. 4. The conveyance of the land will be subject to all valid existing rights, reservations, and privileges of record. Existing rights, reservations, and privileges of record include, but are not limited to: a. Those rights for powerline purposes granted to PacifiCorp dba UP & L, its successors or assignees by Right-of-Way Numbers UTU-24973, UTU-57106, and UTU-64139. b. Any other reservations the Authorized Officer determines appropriate to ensure public access and proper management of Federal lands and interests therein. 5. The San Juan County, its successors or assigns, assumes all liability for and shall defend, indemnify, and save harmless the United States and its officers, agents, representatives, and employees (hereinafter referred to in this clause as the United States), from all claims, loss, damage, actions, causes of action, expense, and liability (hereinafter referred to in this clause as claims) resulting from, brought for, or on account of, any personal injury, threat of personal injury, or property damage received or sustained by any person or persons (including the patentee's employees) or property growing out of, occurring, or attributable directly or indirectly, to the disposal of solid waste on, or the release of hazardous substances from the land described above, regardless of whether such claims shall be attributable to: (1) the concurrent, contributory, or partial fault, failure, or negligence of the United States, or (2) the sole fault, failure, or negligence of the United States. 6. Provided, 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 lands in accordance with the approved plan of development on or before the date five years after the date of conveyance. No portion of the land shall under any circumstance revert to the United States if any such portion has been used for solid waste disposal or for any other purpose which may result in the disposal, placement, or release of any hazardous substance. 7. If, at any time, the patentee transfers to another party ownership of any portion of the land not used for the purpose(s) specified in the application and approved plan of development, the patentee shall pay the Bureau of Land Management the fair market value, as determined by the authorized officer, of the transferred portion as of the date of transfer, including the value of any improvements thereon. 8. The above described land has been conveyed for utilization as a regional sanitary landfill. Upon closure, the site may contain small quantities of commercial and household hazardous waste as determined in the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901), and defined in 40 CFR 261.4 and 261.5. Although there is no indication these materials pose any significant risk to human health or the environment, future land uses should be limited to those which do not penetrate the liner or final cover of the landfill unless excavation is conducted subject to applicable State and Federal requirements. Publication of this notice in the Federal Register constitutes notice to the grazing permittee, Adams Livestock Company, that their grazing lease is directly effected by this action. Specifically, the subject lands are presently used for livestock grazing, involving the White Mesa Allotment--#06840. The Adams Livestock Company (Grazing Record # 436615--cattle) holds the grazing privileges for the 390.00 acre parcel. The estimated permitted grazing capacity of these lands is 19 AUMs, however, there would be no reduction in the permittee's grazing preference as a result of this action. The land (acreage) will have to be excluded from the allotment effective upon issuance of the patent. There are no authorized range improvements on the subject lands. Upon publication of this notice in the Federal Register, the lands will be segregated from all other forms of appropriation under the public land laws, including the general mining laws, except for conveyance under the Recreation and Public Purposes Act and leasing under the mineral leasing laws. DATES: For a period of 45 days from the date of publication of this notice in the Federal Register, interested persons may submit comments regarding the proposed conveyance or classification of the lands to the Moab District Manager, Bureau of Land Management, 82 East Dogwood Drive, Suite M, Moab, Utah 84532. CLASSIFICATION COMMENTS: Interested parties may submit comments involving the suitability of the land for a regional sanitary landfill. Comments on the classification are restricted to whether the land is physically suited for the proposal, whether the use will [[Page 14298]] 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 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 regional sanitary landfill. Any adverse comments will be reviewed by the State Director. In the absence of any adverse comments, the classification will become effective 60 days from the date of publication of this notice in the Federal Register. SUPPLEMENTARY INFORMATION: Detailed information concerning this action may be obtained from Brent Northrup, Acting Area Manager, San Juan Resource Area, 435 North Main Street, P.O. Box 7, Monticello, Utah 84535, (801) 587-2141 or Brad Groesbeck, District Realty Specialist, Moab District Office, 82 East Dogwood Drive, Suite M, Moab, Utah 84532, (801) 259-2115. Dated: March 6, 1995. Katherine Kitchell, District Manager. [FR Doc. 95-6449 Filed 3-15-95; 8:45 am] BILLING CODE 4310-DQ-P