[Federal Register Volume 60, Number 61 (Thursday, March 30, 1995)]
[Notices]
[Pages 16500-16501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7828]



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DEPARTMENT OF THE INTERIOR
[UT-050-05-1430-01; U-68990]


Notice of Realty Action

AGENCY: Bureau of Land Management, Richfield District.

ACTION: Notice of realty action; direct sale of public lands in Millard 
County, Utah.

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SUMMARY: The following described public lands have been examined, and 
through the development of local use planning decisions based upon 
public input, resource considerations, regulations and Bureau policies, 
have been found suitable for disposal by sale under Section 203 of the 
Federal Land Policy and Management Act of 1976 (90 Stat. 2750, 43 
U.S.C. 1713), and direct sale procedures (43 CFR 2711.3-3(a)(1). The 
sale will be at no less than the appraised fair market value of $3,540. 
The lands will not be offered for sale for at least 60 days after the 
date of publication of this notice.

Salt Lake Meridian, Utah

Parcel 1

T. 17 S., R. 6 W.,
    Sec. 24, N1/2SE1/4 (Contains 80 acres).

Parcel 2

 T. 22 S., R. 19 W.,
    Sec. 5, Lot 5 ALL (Contains 21.13 acres).

    Combined, parcels 1 and 2 contain 101.13 acres.

    Publication of this notice segregates the public lands described 
above from appropriation under the public land laws and the mining 
laws. The segregation will end upon disposition of this action, or 270 
days from the date of publication of this notice, whichever occurs 
first.
    This land is being offered by direct sale to Millard County, Utah, 
for two solid waste disposal sites. Parcel 1 describes the Delta site 
and parcel 2 describes the Garrison site.
    It has been determined that the subject parcel 1 is prospectively 
valuable for oil and gas and geothermal resources; and parcel 2 is 
prospectively valuable for oil and gas; therefore, the mineral estate 
of parcel 1, excluding oil and gas and geothermal resources; and the 
mineral estate of parcel 2, excluding oil and gas, will be conveyed 
simultaneously with the surface estate in accordance with Section 209 
of FLPMA. Millard County filed an application along with the required 
$50.00 nonrefundable fee for the conveyance of the mineral interest 
specified above. The respective oil and gas and geothermal resource 
minerals will be reserved to the United States.
    Parcel 1 is subject to the existing grazing use of Blaine 
Christensen, Dwain J. Finlinson, Reese E. Finlinson, Rich Finlinson, 
Joseph T. Finlinson, Clark B. Cox, Burton Lovell & Son, Sinks Land 
Company, Monte C. Nielson, Spence Butler, Oak City Ward, and Vance 
Finlinson, holders of grazing preference on the Oak City Allotment. The 
80 acres proposed for sale produce 4 AUMs or less of the 1,207 AUMs 
presently produced on the allotment.
    Therefore, approximately 4 AUMs of the 1,207 AUM grazing preference 
would be removed from grazing as a result of this sale.
    Parcel 2 is subject to the existing grazing use of Wm. Earl and 
Sidney Hayward, and Mt. Moriah Ranches Inc c/o David Eldridge, holders 
of grazing preference on the Clay Springs Allotment. The 21.13 acres 
proposed for sale produce 2 AUMs or less of the 2,635 AUMs presently 
produced on the allotment. Therefore, approximately 2 AUMs of the 2,635 
AUM grazing preference would be removed from grazing as a result of 
this sale. A certified letter was sent to each permittee which served 
as the 2-year notification of the reduction of their respective grazing 
privilege, pursuant to 43 CFR 2711.1-3. All grazing privileges on 
parcel 1 and parcel 2 will expire on May 4, 1995. The patent will not 
be issued on or before this date.
    The patent, when issued, will contain the following reservations to 
the United States:
    1. Parcel 1 and 2, a right-of-way reservation to the United States 
for ditches and canals constructed under the authority of the Act of 
August 30, 1890 (26 stat. 391; 43 U.S.C. 945 (1970)).
    2. Parcel 1, the oil and gas and geothermal resources mineral 
estate would be reserved to the United States with the right to 
prospect for, mine, and remove the same under applicable law and such 
regulations as the Secretary of the Interior may prescribe, in 
accordance with public law 94-579, Section 209 of FLPMA (43 U.S.C. 
1719).
    3. Parcel 2, the oil and gas mineral estate would be reserved to 
the United States with the right to prospect for, mine, and remove the 
same under applicable law and such regulations as the Secretary of the 
Interior may prescribe, in accordance with public law 94-579, Section 
209 of FLPMA (43 U.S.C. 1719). And will be subject to all valid 
existing rights and privileges of record and title restrictions 
including, but not limited to:
    4. The issuance of these patents would be subject to the following 
indemnification statement signed by the Millard County Commission:
    ``Millard 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 in the release of hazardous substances from T. 17 
S., R. 6 W., Sec. 24, N\1/2\SE\1/4\, or from T. 22 S., R. 19 W., Sec. 
5, Lot 5 ALL, Salt Lake Meridian, Utah, 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.''
    Failure of Millard County to submit the full purchase price within 
the time allowed will result in cancellation of the sale and forfeiture 
of any deposits. The public lands would be withdrawn from sale and 
Millard County would be required to bring the existing 80 acre and 
21.13 acre landfill sites into compliance with Environmental Protection 
Agency (EPA) landfill regulations. Otherwise, R&PP lease UTU-51862 may 
be terminated. If the lease is terminated the existing landfill site 
would be closed and Millard County would then be required to remove all 
facilities and rehabilitate the disturbed public lands in accordance 
with EPA and BLM rules and regulations. The R&PP classification would 
terminate. The public lands would then continue under the jurisdiction 
and management of the Bureau of Land Management and become subject to 
the public land laws and general mining laws. Detailed 
[[Page 16501]] information concerning these reservations as well as 
specific conditions of the sale are available for review at the House 
Range and Warm Springs Resource Areas, Bureau of Land Management, 35 
East 500 North, Fillmore, Utah 84631.
    For a period of 45 days from the date of publication of this notice 
in the Federal Register, interested parties may submit comments to the 
Area Manager, House Range and Warm Springs Resource Areas, at the above 
address. In the absence of timely objections, this proposal shall 
become the final determination of the Department of the Interior.

    Dated: March 20, 1995.
Samuel R. Rowley,
Associate District Manager.
[FR Doc. 95-7828 Filed 3-29-95; 8:45 am]
BILLING CODE 4310-DQ-P