[Federal Register Volume 59, Number 110 (Thursday, June 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13955]


[[Page Unknown]]

[Federal Register: June 9, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR
[UT-040-03-4210-05, UTU-71137]

 

Notice of Realty Action; Recreation and Public Purposes (R&PP) 
Act Classification; UT

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action, recreation and public purpose 
conveyance.

-----------------------------------------------------------------------

SUMMARY: The following described public land in Garfield County, Utah 
has been examined and found suitable for lease or conveyance under the 
provisions of the Recreation and Public Purposes Amendment Act of 1988, 
(Pub. L. 100-648). The lands to be conveyed and the proposed patentees 
are as follows:

    Patentee: Antimony Town.
    Location: Salt Lake Meridian, Utah, T. 31 S., R. 2 W., Sec. 10, 
NW\1/4\SE\1/4\SE\1/4\, containing 10 acres.
    Patentee: Boulder Town.
    Location: Salt Lake Meridian, Utah, T. 33 S., R. 4 E., Sec. 3, 
Lot 6, containing 9.27 acres.
    Patentee: Escalante Town.
    Location: Salt Lake Meridian, Utah, T. 35 S., R. 2 E., Sec. 24, 
NE\1/4\SE\1/4\NE\1/4\, containing 10 acres.
    These lands are hereby segregated from all forms of 
appropriation under the public land laws, including the mining laws.

    The communities propose to use the lands as solid waste transfer 
stations. 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 following terms, 
conditions and reservations:
    1. All minerals, including oil and gas, shall be reserved to the 
United States, together with the right to prospect for, mine and remove 
the same. The Secretary of the Interior reserves the right to determine 
whether such mining and removal of minerals will interfere with the 
development, operation and maintenance of the transfer station.
    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. The conveyance will be subject to all valid rights and 
reservations of record.
    4. The communities listed above assume all liability for and shall 
defend, indemnify, and save harmless the United States and its 
officers, agents, representatives, and employees (hereinafter referred 
to as the United States), from all claims, loss, damage, actions, 
causes of action, expense, and liability 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 the release of hazardous substances from the above listed 
tracts, 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.
    5. 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.
    6. 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.

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 of the lands to the District Manager, 
Cedar City District Office, 176 D.L. Sargent Drive, Cedar City, Utah 
84720.
    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 lands for transfer stations.
    Any adverse comments will be reviewed by the State Director who may 
vacate or modify this realty action and issue a final determination. In 
the absence of any adverse comments, this notice will become the final 
determination of the Department of the Interior on August 8, 1994.

FOR FURTHER INFORMATION CONTACT: Detailed information concerning this 
action is available for review at the Escalante Resource Area office by 
contacting Gregg Christensen, P. O. Box 225, Escalante, Utah 84726 or 
telephone (801) 826-4291.

    Dated: May 31, 1994.
Gordon R. Staker,
District Manager.
[FR Doc. 94-13955 Filed 6-8-94; 8:45 am]
BILLING CODE 4310-DQ-P