[Federal Register Volume 69, Number 85 (Monday, May 3, 2004)]
[Notices]
[Pages 24184-24185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9892]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[WY-020-1430-ES; WYW-149433]
Notice of realty action; classification and conveyance of public
lands for recreation and public purposes in Park County, WY.
AGENCY: Bureau of Land Management, Interior.
SUMMARY: The following public lands in Park County, Wyoming, have been
examined and found suitable for classification for conveyance to Park
County under the provisions of the Recreation and Public Purposes Act,
as amended (43 U.S.C. 869 et seq.). Park County intends to use the
following lands for solid waste disposal purposes.
1. Sixth Principal Meridian, Park County, Wyoming
T. 52 N., R. 101 W.,
Sec. 17, SW\1/4\SW\1/4\, SW\1/4\SE\1/4\SW\1/4\, S\1/2\NW\1/
4\SE\1/4\SW\1/4\, NW\1/4\NW\1/4\SE\1/4\SW\1/4\, W\1/2\SE\1/4\SE\1/
4\SW\1/4\, SW\1/4\NE\1/4\SE\1/4\SW\1/4\.
The land described contains approximately 65.00 acres.
The following public lands, currently under lease to Park County
for solid waste disposal purposes, were previously classified in 1968
for lease. This classification will allow for the disposal of the
existing, leased landfill area and access road to Park County under the
Recreation and Public Purposes Act, as amended (43 U.S.C. 869 et seq.).
2. Sixth Principal Meridian, Park County, Wyoming
T. 52 N., R. 101 W.,
Sec. 20, W\1/2\NW\1/4\, N\1/2\N\1/2\NE\1/4\SW\1/4\.
The land described contains approximately 90.00 acres.
The following public lands have been examined and found suitable
for classification for conveyance for solid waste disposal purposes,
under the provisions of the Recreation and Public Purposes Act, as
amended (43 U.S.C. 869 et seq.). There is no application for conveyance
of these lands at this time.
3. Sixth Principal Meridian, Park County, Wyoming
T. 52 N., R. 101 W.,
Sec. 17, NW\1/4\SW\1/4\, SW\1/4\SW\1/4\NW\1/4\;
Sec. 18, E\1/2\SE\1/4\SE\1/4\, E\1/2\NW\1/4\SE\1/4\SE\1/4\,
NE\1/4\SE\1/4\, NE\1/4\NW\1/4\SE\1/4\, W\1/2\SE\1/4\NE\1/4\, SE\1/
4\SE\1/4\NE\1/4\, E\1/2\SW\1/4\NE\1/4\, NW\1/4\SW\1/4\NE\1/4\.
The land described contains approximately 185.00 acres.
FOR FURTHER INFORMATION CONTACT: Cara Blank, Cody Field Office, Bureau
of Land Management, PO Box 518, Cody, Wyoming 82414, (307) 578-5900.
SUPPLEMENTARY INFORMATION: The lands are not needed for Federal
purposes. The conveyance of these lands to Park County for sanitary
landfill purposes is consistent with the Cody Resource Management Plan
and would be in the public interest. The planning document and
environmental assessment covering the proposed sale are available for
review at the Bureau of Land Management, Cody Field Office, Cody,
Wyoming. The conveyance, when completed, 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 to the United States for ditches and canals
pursuant to the Act of August 30, 1890 (43 U.S.C. 945).
3. All minerals shall be reserved to the United States, together
with the right to prospect for, mine, and remove such minerals from the
same under applicable law and such regulations as the Secretary of the
Interior may prescribe.
4. The patentee shall comply with all Federal and State laws
applicable to the disposal, placement, or release of hazardous
substances (substance as defined in 40 CFR part 302).
[[Page 24185]]
5. Park County, its successors or assigns, and the City of Cody
(predecessor in interest) on the existing landfill, assume all
liability for and shall defend, indemnify, and save 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
lands described as the, Sixth Principal Meridian, Park County, Wyoming,
T. 52 N., R. 101 W., sec. 17, SW\1/4\SW\1/4\, SW\1/4\SE\1/4\SW\1/4\,
S\1/2\NW\1/4\SE\1/4\SW\1/4\, NW\1/4\NW\1/4\SE\1/4\SW\1/4\, W\1/2\SE\1/
4\SE\1/4\SW\1/4\, SW\1/4\NE\1/4\SE\1/4\SW\1/4\, sec. 20, W\1/2\NW\1/4\,
N\1/2\N\1/2\NE\1/4\SW\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.
6. Existing rights of record at the time of patent issuance,
including right-of-way grants WYW-89601, to Pacific Power & Light
Company, for a power line; WYC-045214, to Great Falls Gas Company, for
a 6'' pipeline; WYC-066394, to WAPA, for a 69 kV power line; WYW-94173,
to Cody Gas Company, for an 8'' pipeline; WYW-112026, to WAPA, for a
115 kV power line; WYW-94163, to Pacific Power & Light Company, for a
power line; and WYW-0313050, to Qwest Corporation, for a telephone
line.
7. The land described in Summary Paragraph No. 1 has been conveyed
for utilization as a solid waste disposal site. Records describing
location of cells and other information about the solid waste disposal
site are available from Park County. Solid waste commonly includes
small quantities of household hazardous waste as determined in the
Resource Conservation and Recovery Act of 1976, as amended (43 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.
8. The land described in Summary Paragraph No. 2 has been conveyed
for continued use as a solid waste disposal site. Records describing
location of cells and other information about the solid waste disposal
site are available from the Bureau of Land Management (Past use) and
from Park County for past and continued use. Solid waste commonly
includes small quantities of household hazardous waste as determined in
the Resource Conservation and Recovery Act of 1976, as amended (43
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.
9. Provided, that the land conveyed under Summary Paragraph No. 1,
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.
10. No portion of the land described in Summary Paragraph No. 2,
shall under any circumstances revert to the United States.
11. If, at any time, the patentee transfers to another party
ownership of any portion of the land described in Summary Paragraph No.
2, not used for the purpose(s) specified in the application and the
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.
Eighteen AUMs within the Horse Center South Grazing Allotment,
associated with the lands described in Summary Paragraph No. 1 and No.
2, will be canceled.
Conveyance of these lands to Park County is consistent with
applicable Federal and County land use plans and will help meet the
needs of Park County residents for solid waste disposal. 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 Field Manager, Cody
Field Office, P.O. Box 518, Cody, Wyoming 82414.
Classification Comments: Interested parties may submit comments
involving the request to amend the 1968 lease classification to include
conveyance of the lands described in Summary Paragraph No. 2, as well
as the classification of the lands described in Summary Paragraph No. 1
and 3, for disposal for landfill purposes. Comments on the
classification are restricted to whether the lands are 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 parties may submit comments
regarding the specific use proposed in the application and plan of
development, whether the Bureau of Land Management followed proper
administrative procedures in reaching the decision; or any other factor
not directly related to the suitability of the land for a sanitary
landfill. Any adverse comments will be reviewed by the State Director,
who may sustain, vacate, or modify this realty action. In the absence
of any objections, the classification will become effective 60 days
from the date of publication of this notice in the Federal Register.
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.
Dated: March 18, 2004.
Michael J. Blymyer,
Field Manger, Cody.
[FR Doc. 04-9892 Filed 4-30-04; 8:45 am]
BILLING CODE 4310-22-P