[Federal Register Volume 60, Number 129 (Thursday, July 6, 1995)]
[Notices]
[Pages 35216-35217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16519]



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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[CA-931-5440-00-ZBAF; CACA 30814]


Ward Valley-Notice of Proposed Classification; California

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Land Management proposes to classify 
approximately 1,000 acres of land suitable for continued retention by 
BLM rather than State Indemnity Selection by the California State Lands 
Commission.

DATES: Comments and protests must be in written form, must be mailed or 
sent by August 7, 1995, and must be received by August 14, 1995.

ADDRESSES: Written comments should be sent to the California State 
Director, BLM (CA-931), 2800 Cottage Way, Room E-2845, Sacramento, 
California 95825.

FOR FURTHER INFORMATION CONTACT: BLM Public Information, California 
State Office, 916-979-2800.

SUPPLEMENTARY INFORMATION: The following proposed classification 
decision is being issued in accordance with the provisions of 43 U.S.C. 
315 (f) and 43 CFR 2450. All persons who wish to protest or comment may 
present their views in writing to the address above by the dates listed 
above. No particular format is required, but protests should be clearly 
labeled protests. Upon receipt and review of the timely protests and 
comments, the final decision will be made by the Secretary.

Lands Suitable for Retention

    The Bureau of Land Management (BLM) has examined the following 
described lands owned by the United States to determine if, pursuant to 
a petition submitted by the State Lands Commission (SLC), they should 
be classified initially for selection by the State of California under 
the State Indemnity Acts, 43 U.S.C. 851-52, or, in the alternative, for 
continued retention under multiple use management by the BLM:

San Bernardino Meridian

T. 9 N., R. 19 E.
    Sec. 26, SW\1/4\SW\1/4\
    Sec. 27, S\1/2\S\1/2\
    Sec. 34
    Sec. 35, W\1/2\W\1/2\
    Consisting of 1,000 acres, more or less, situated in San 
Bernardino County, California.

    The above-described lands lie in the Ward Valley, an area within 
the low desert portion of California's Mojave Desert, located 
approximately 24 miles west of the City of Needles, in San Bernardino 
County, California. The Department of Health Services (DHS) of the 
State of California has determined on the basis of site selection 
criteria developed by the DHS, pursuant to the California Radiation 
Control Law, California Health and Safety Code Sec. 25811.5(c), that 
the above described lands (hereinafter the ``Ward Valley lands'') 
constitute the most suitable site on state or federally-owned public 
lands in the State of California for the location of a low level 
radioactive waste disposal facility. In 1993, the DHS issued a 
radioactive materials license for the operation of such a facility on 
the Ward Valley lands. At the same time, the DHS, acting on behalf of 
the State, entered into a lease agreement to lease the Ward Valley 
lands to the licensee. This lease agreement provides that it shall 
become effective if and when the State acquires title to the lands.
    The Ward Valley lands may not be selected by the State of 
California pursuant to 43 U.S.C. 851-52 without first being 
appropriately classified and opened by the BLM for such selection. In 
addition to the effort of the SLC to acquire the Ward Valley lands 
through the state indemnity selection process, the DHS, acting on 
behalf of the State of California, has applied to the BLM for a direct 
sale of the lands to the State. The lands would be sold under the 
authority of sections 203, 208 and 209 of the Federal Land Policy and 
Management Act (FLPMA), 43 U.S.C. 1713, 1718-1719. Thus, pending before 
the BLM at the present time are the initiatives of two separate 
agencies of the State, each seeking by different means to vest title to 
the Ward Valley lands in the State of California.
    In relation to the Ward Valley lands, the DHS and the BLM jointly 
issued a final environmental impact report/statement (EIR/EIS) entitled 
``State of California Indemnity Selection & Low-Level Radioactive Waste 
Facility.'' The preferred alternative in the EIR/EIS identified the 
Ward Valley lands as the site for a low level waste facility. A Final 
Supplemental Environmental Impact Statement (FSEIS) designating a 
direct sale as the proposed action, rather than an indemnity selection 
conveyance, also was issued after the BLM received the DHS application. 
The present use of the Ward Valley lands is discussed at pages 3.1-98 
through 3.1-104 of the EIR/EIS. The affected environment is described 
at pages 3.1-1 through 3.1-139 of the EIR/EIS. The EIR/EIS discusses, 
among other matters, the relevant biological, cultural and 
paleontological resources; geology and seismicity; hydrology; climate 
and air quality; and visual features. The EIR/EIS, together with other 
studies and correspondence from interested parties, served as the 
information and technical data base for this classification decision.
    The Ward Valley lands are included in the California Desert 
Conservation Area Plan of 1980, as amended. The Ward Valley lands are 
designated in the plan as Multiple Use Class M (moderate use) lands. 
Class M lands suitable for hazardous waste disposal may be transferred 
for this use at the discretion of the Secretary of the Interior. The 
Ward Valley lands are not within a grazing district and are withdrawn 
from the mining and agricultural entry laws. The General Plan of San 
Bernardino County designates the Ward Valley lands as being suitable 
for limited rural development. The SLC has not indicated what it 
intends to do with the Ward Valley lands if they are classified for 
state selection. Either retention or sale of the Ward Valley lands 
would be consistent with BLM planning, and, depending upon whether 
retention is permanent or temporary and the use that eventually will be 
made of the land, may be consistent with state programs or local 
planning.
    In the past, the Governor of California has expressed his desire, 
consistent with the DHS application, for a direct sale of the Ward 
Valley lands to the State. A recently issued report prepared by the 
National Research Council (NRC) contains several recommendations 
relating to the use of the Ward Valley site as a low level radioactive 
waste disposal facility. Additional recommendations or requirements may 
result from the biological opinion on the impacts of transfer of the 
site on the threatened desert tortoise. Measures described in the NRC 
report or the consultation on the tortoise may be included in the title 
transfer document if the Ward Valley lands are conveyed by a direct 
sale pursuant to the FLPMA. However, as pointed out below, this would 
not be possible if the lands are selected and transferred by means of 
the state indemnity selection acts.
    Indemnity selections fulfill a public purpose, namely, contributing 
toward 

[[Page 35217]]
satisfaction of the obligation of the United States owed to California 
for school land grants. There are, however, many federally-owned public 
lands, other than the Ward Valley lands, that are available in 
California and that are suitable for this purpose, whereas, as 
documented in the DHS site selection process and the EIR/EIS, public 
lands in the State of California having the same geological and 
hydrological characteristics of the Ward Valley lands are extremely 
scarce or nonexistent. Accordingly, the value of the Ward Valley lands 
for use as a low level waste disposal site is very high and meets a 
unique public purpose.
    Further, FLPMA sanctions direct sales to support important public 
policies and objectives and provides for such sales to be conditioned 
to insure proper land use and protection of the public interest. In 
contrast, the state indemnity selection acts do not contain provisions 
authorizing the imposition of terms or conditions that address the 
potential impacts of subsequent uses of the land and that are intended 
to assure their maximum future use as for example, in this case, a site 
for the disposal of low level waste. Additionally, a direct sale made 
pursuant to FLPMA avoids the need for an additional administrative 
transfer of the lands from the SLC to the DHS (if the former should be 
so inclined) to allow siting of the proposed waste facility.
    In light of the foregoing, and after having weighed all the 
relevant factors, I conclude that the Ward Valley lands should remain 
in federal ownership under multiple use management, as provided in the 
California Desert Conservation Plan of 1980, as amended. This will 
allow transfer of the Ward Valley lands for low level radioactive waste 
disposal purposes to the State of California by direct sale, the method 
of transfer the State Governor prefers, and will provide the 
opportunity to include appropriate conditions and safeguards regarding 
future use of the lands when and if they may be sold to the State. If 
the lands are not disposed of to the State, they will remain subject to 
BLM planning and management.
    In accordance with the pending classification petition of the SLC 
and 43 C.F.R. Part 2400, the above described lands are classified for 
retention and the SLC indemnity selection application accompanying the 
petition is rejected.

    Dated: June 29, 1995.
Edward L. Hastey,
State Director.
[FR Doc. 95-16519 Filed 7-5-95; 8:45 am]
BILLING CODE 4310-40-P