[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]



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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.

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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