[Federal Register Volume 60, Number 111 (Friday, June 9, 1995)]
[Notices]
[Page 30579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14107]



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DEPARTMENT OF THE INTERIOR
[UT-040-05-4210-05-P]; UTU-71714, UTU-72763


Realty Action: Utah

agency: Bureau of Land Management, Interior.

action: Notice of Realty Action, Recreation and Public Purposes (R&PP) 
Act Classification; Utah.

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summary: The following described public lands in Garfield County and 
Kane County, Utah have 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: Panguitch City Corp.
    Location: Salt Lake Meridian, Utah, Township 34 South, Range 5 
West, Section 26, SW\1/4\SW\1/4\SE\1/4\, containing 10 acres.
    Patentee: Church Wells Special Service District.
    Location: Salt Lake Meridian, Utah, Township 42 South, Range 1 
East, Section 35, SE\1/4\SE\1/4\SE\1/4\SE\1/4\, containing 2.5 acres.
    These lands are hereby segregated from all forms of appropriation 
under the public land laws, including the mining laws.
    These communities propose to use the lands as source reduction 
sites and 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 minerals. The Secretary of Interior reserves the right to 
determine whether such mining and removal of minerals will interfere 
with the development, operation, and maintenance of the source 
reduction site or 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 existing rights.
    4. The patentees 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 
attributable directly or indirectly to the disposal of solid waste on, 
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. 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: 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. Comments will 
be accepted until July 24, 1995.

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 source reduction sites or 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 Interior on August 8, 1995.

for further information contact: Detailed information concerning this 
action is available for review at the Kanab Resource Area office by 
contacting Rod Schipper, 318 North 100 East, Kanab, Utah 84741, or 
telephone (801) 644-2672 Ext. 2650.

    Dated: May 26, 1995.
A.J. Meredith,
District Manager.
[FR Doc. 95-14107 Filed 6-8-95; 8:45 am]
BILLING CODE 4310-DQ-M