[Federal Register Volume 68, Number 27 (Monday, February 10, 2003)]
[Notices]
[Pages 6763-6764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3170]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-930-1430-ES; N-76527]


Notice of Realty Action: Recreation and Public Purposes (R&PP) 
Act Classification; Conveyance of Public Lands Near Beatty, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Classification of public land for conveyance pursuant to the 
Recreation and Public Purposes Act.

-----------------------------------------------------------------------

SUMMARY: The following described public land in Nye County, Nevada has 
been examined and found suitable for conveyance under provisions of the 
Recreation and Public Purposes Act of June 14, 1926, as amended (43 
U.S.C. 869 et seq.), for the purposes of operating a municipal solid 
waste transfer station. These lands are hereby classified as suitable 
for conveyance in accordance with section 7 of the Taylor Grazing Act, 
43 U.S.C. 315f, and Executive Order No. 6910:

Mount Diablo Meridian, Nevada

T. 12 S., R. 46 E.,
    sec 13, S\1/2\NW\1/4\NW\1/4\NW\1/4\.

    Containing 5 acres more or less.

    The solid waste transfer station will occupy a total of ten acres, 
five of which were previously classified under a notice for the 
existing Beatty Landfill (N-35639).
    The lands are not needed for Federal purposes. Conveyance is 
consistent with BLM land use planning and would be in the public 
interest. Patent will be issued to Nye County and 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 or canals constructed by the 
authority of the United States, pursuant to the Act of August 30, 1890 
(43 U.S.C. 945);
    2. All minerals shall be reserved to the United States, together 
with the right to prospect for, mine, and remove such deposits from the 
same under applicable law and regulations to be established by the 
Secretary of the Interior.
    Patent will contain the following provisions:
    1. Nye County a political subdivision of the State of Nevada, 
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 actions, 
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 patentees employees) 
or property growing out of, occurring, or attributable directly or 
indirectly, to the disposal of solid waste

[[Page 6764]]

on, or the release of hazardous substances from Mount Diablo Meridian, 
Nevada, T. 12 S., R. 46 E., sec. 13, S\1/2\NW\1/4\NW\1/4\NW\1/4\, N\1/
2\SW\1/4\NW\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;
    2. A portion of the above described land was used as a solid waste 
disposal site, and will continue to be used as solid waste transfer 
station. Upon closure, the site may contain small quantities of 
commercial and household wastes 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 of final cover of the site unless excavation is 
conducted subject to applicable State and Federal requirements;
    3. No portion of the land shall under any circumstances revert to 
the United States if any portion has been used for solid waste disposal 
or for any other purpose which may result in the disposal, placement, 
storage, or release of any hazardous substance;

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, 
1553 South Main Street, Tonopah, Nevada. The subject lands were 
previously classified and segregated for the purposes of a lease 
authorizing a sanitary landfill pursuant to the Recreation and Public 
Purposes Act. Further segregation will not be required.
    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 classification of the lands to the 
Assistant Field Station Manager, Tonopah Field Station, PO Box 911, 
Tonopah, NV 89049.

Classification Comments

    Interested parties may submit comments involving the suitability of 
the land for use as a municipal solid waste transfer station. 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 the uses described.
    Any adverse comments will be reviewed by the State Director. In the 
absence of any adverse comments, the classification of the land will 
become effective 60 days from the date of publication of this Notice in 
the Federal Register. The lands will not be conveyed until after the 
classification becomes effective.

    Dated: January 6, 2003.
William S. Fisher,
Assistant Field Manager, Tonopah.
[FR Doc. 03-3170 Filed 2-7-03; 8:45 am]
BILLING CODE 4310-HC-P