[Federal Register Volume 62, Number 158 (Friday, August 15, 1997)]
[Notices]
[Pages 43748-43749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21637]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[NV-065-5700-10; NVN-57452]


Notice of Realty Action: Recreation and Public Purposes (R&PP) 
Act Classification, Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The following described public lands in Tonopah, Nye County, 
Nevada, have been examined and found suitable for conveyance (patent) 
to Nye County under the provisions of the Recreation and Public 
Purposes Act of June 14, 1926, as amended (43 U.S.C. 869 et seq.). Nye 
County proposes to use the lands for a municipal solid waste disposal 
site to serve Tonopah, Nevada, and the surrounding area.

Mount Diablo Meridian, Nevada

T. 2 N., R. 43 E.,
     Sec. 4, SW\1/4\NE\1/4\, W\1/2\SE\1/4\NE\1/4\, SW\1/4\NE\1/
4\NW\1/4\, SW\1/4\SE\1/4\NE\1/4\NW\1/4\, N\1/2\NE\1/4\SE\1/4\NW\1/
4\, and NE\1/4\NW\1/4\SE\1/4\NW\1/4\;

    Containing 80 acres, more or less.

    The lands are not needed for Federal purposes. The conveyance is 
consistent with current Bureau land use planning for this area and 
would be in the public interest. The patent, when issued, will be 
subject to the provisions of the Recreation and Public Purposes Act and 
applicable regulations of the Secretary of the Interior, and will 
contain the following reservations to the United States:
    1. A right-of-way thereon for ditches and canals constructed by the 
authority of the United States pursuant to the Act of August 30, 1890 
(43 U.S.C. 945);
    2. All mineral deposits shall be reserved to the United States, 
together with the right to prospect for, mine, and remove such deposits 
from the same under applicable laws and such regulations as the 
Secretary of the Interior may prescribe,

will contain the following provisions:
    1. Nye 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 Mount 
Diablo Meridian, Nevada, T. 2 N., R. 43 E., sec. 4, SW\1/4\NE\1/4\, 
W\1/2\SE\1/4\NE\1/4\, SW\1/4\NE\1/4\NW\1/4\, SW\1/4\SE\1/4\NE\1/4\NW\1/
4\, N\1/2\NE\1/4\SE\1/4\NW\1/4\, and NE\1/4\NW\1/4\SE\1/4\NW\1/4\, 
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;
    2. 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 land 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 
circumstances 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;
    3. If, at any time, the patentee transfers to another party 
ownership of any portion of the land not used for the purpose 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;
    4. The above described land has been conveyed for utilization as a 
solid waste disposal site by Nye County, Nevada. 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; and will be subject to valid 
existing rights.
    Detailed information concerning this action is available for review 
at the office of the Bureau of Land Management, Tonopah Field Station, 
102 Military Circle, Tonopah, Nevada.
    Upon publication of this notice in the Federal Register, the above 
described land 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. For a period of 45 days from the date 
of publication of this notice in the Federal Register, interested 
parties may submit comments regarding the proposed conveyance or land 
classification to the Field Station Manager, Tonopah Field Station, 
P.O. Box 911, Tonopah, Nevada 89049.

Classification Comments

    Interested parties may submit comments involving the suitability of

[[Page 43749]]

the land for a municipal solid waste disposal site. Comments on the 
classification are restricted to whether the land is physically suited 
for the proposal, 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 municipal solid waste disposal site.
    Any adverse comments will be reviewed by the State Director. In the 
absence of any adverse comments, the classification of the land 
described in this notice will become effective 60 days from the date of 
publication in the Federal Register. The lands will not be offered for 
conveyance until after the classification becomes effective.

    Dated: August 6, 1997.
Ron Huntsinger,
Field Station Manager, Tonopah, NV.
[FR Doc. 97-21637 Filed 8-14-97; 8:45 am]
BILLING CODE 4310-HC-P