[Federal Register Volume 60, Number 109 (Wednesday, June 7, 1995)] [Notices] [Pages 30096-30097] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-13958] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR [NV-930-1430-01; NVN-58945] Notice of Realty Action; Recreation and Public Purposes (R&PP) Act Classification; Nevada AGENCY: Bureau of Land Management, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The following described public lands in Eureka County, Nevada, have been examined and found suitable for conveyance (patent) to Eureka County under the provisions of the Recreation and Public Purposes Act of June 14, 1926, as amended (43 U.S.C 869 et seq.). Eureka County proposes to use the lands for a municipal solid waste disposal site to serve Eureka, Nevada, and the surrounding area. Mount Diablo Meridian, Nevada T. 19 N., R. 53 E., Sec. 13, NE\1/4\NW\1/4\. Containing 40 acres, more or less. The lands are not needed for Federal purposes. Conveyance is consistent with current BLM land use planning and would be in the public interest. The patent, when issued will be subject to the provisions of the Recreation and Public Purposes Act and applicable regulations of the Secretary of the Interior, and will contain the following reservations to the United States: 1. A right-of-way thereon for ditches and canals constructed by the authority [[Page 30097]] of the United States pursuant to the Act of August 30, 1890 (43 U.S.C. 945); 2. All mineral deposits shall be reserved to the United States, together with the right to prospect for, mine, and remove such deposits under applicable laws and regulations as the Secretary of the Interior may prescribe; will contain the following provisions: 1. Eureka 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 Mount Diablo Meridian, Nevada, T. 19 N., R. 53 E., sec. 13, NE\1/4\NW\1/4\, 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; 2. 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 land 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 circumstances 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; 3. If, at any time, the patentee transfers to another party ownership of any portion of the land not used for the purpose 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; 4. The above described land has been conveyed for utilization as a solid waste disposal site by Eureka County, Nevada. 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; and will be subject to valid existing rights. Detailed information concerning this action is available for review at the office of the Bureau of Land Management, Battle Mountain District, 50 Bastian Road, Battle Mountain, Nevada. Upon publication of this notice in the Federal Register, the above described land 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. For a period of 45 days from the date of publication of this notice in the Federal Register, interested parties may submit comments regarding the proposed conveyance or classification of the lands to the District Manager, Battle Mountain District, P.O. Box 1420, Battle Mountain, Nevada 89820. Classification Comments: Interested parties may submit comments involving the suitability of the land for a municipal solid waste disposal site. Comments on the classification are restricted to whether the land is physically suited for the proposal, 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 municipal solid waste disposal site. Any adverse comments will be reviewed by the State Director. In the absence of any adverse comments, the classification of the land will become effective 60 days from the date of publication in the Federal Register. The lands will not be conveyed until after the classification becomes effective. Dated: May 26, 1995. Michael C. Mitchel, Acting District Manager. [FR Doc. 95-13958 Filed 6-6-95; 8:45 am] BILLING CODE 4310-HC-P