[Federal Register Volume 60, Number 101 (Thursday, May 25, 1995)]
[Notices]
[Pages 27777-27778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12865]



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DEPARTMENT OF INTERIOR
[UT-068-05-5700-11; UTU-71889]


Notice of Realty Action; Recreation and Public Purposes (R&PP) 
Act Classification for Conveyance (Patent) of Public Lands in Grand 
County, Utah

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action, UTU-71889, Recreation and Public 
Purposes (R&PP) Act Classification for Conveyance (Patent) of Public 
Lands in Grand County, Utah.

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SUMMARY: Notice is given that the following public lands in Grand 
County, Utah have been examined and found suitable for classification 
for conveyance (patent) to the Grand County Solid Waste Management 
Special Service District No. 1 (District) under the provisions of the 
Recreation and Public Purposes Act, as amended and supplemented (43 
U.S.C. 869 et seq.). The District proposes to use the lands for a 
regional sanitary landfill site.

Salt Lake Meridian, Utah

T. 23 S., R. 19 E.
    Sec. 14, S\1/2\NW\1/4\.

    The above described land aggregates 80.00 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.
    A plan amendment was completed on March 10, 1995 that made these 
public lands 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. The provision that the patentee shall comply with all Federal 
and State laws applicable to the disposal, placement, or release of 
hazardous substances.
    3. 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).
    4. 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.
    5. 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. Oil and gas lease UTU-66023.
    b. Any other reservations the Authorized Officer determines 
appropriate to ensure public access and proper management of Federal 
lands and interests therein.
    6. The Grand County Solid Waste Management Special Service District 
No. 1, 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.
    7. 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.
    8. 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.
    9. 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, Dan Jorgensen, that his grazing lease 
is directly effected by this action. Specifically, the subject lands 
are presently used for livestock grazing, involving the Big Flat-Ten 
Mile Cattle Allotment. Mr. Jorgensen (Grazing Record # 436318-cattle) 
holds the grazing privileges for the 80.00 acre parcel. The estimated 
permitted grazing capacity of these lands is 5 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: On or before July 10, 1995, 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 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 [[Page 27778]] 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 Mary von Koch, Realty Specialist, Grand Resource 
Area, 82 E. Dogwood, Suite G, Moab, Utah 84532, (801) 259-2128 or Brad 
Groesbeck, District Realty Specialist, Moab District Office, 82 East 
Dogwood Drive, Suite M, Moab, Utah 84532, (801) 259-2115.

    Dated: May 12, 1995.
Katherine Kitchell,
District Manager.
[FR Doc. 95-12865 Filed 5-24-95; 8:45 am]
BILLING CODE 4310-DQ-P