[Federal Register Volume 70, Number 134 (Thursday, July 14, 2005)]
[Notices]
[Pages 40727-40728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13881]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-650-1430-HN; CA-46267]


Direct Sale of Public Land; San Bernardino County, California

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: A 39.99 acre parcel of public land in San Bernardino County, 
California is being considered for direct sale to Searles Valley 
Minerals, Inc. to resolve an unauthorized use of public land. This land 
is difficult and uneconomic to manage as part of the public lands and 
is not suitable for management by another Federal agency.

DATES: Interested parties may submit comments to the Ridgecrest Field 
Manager, at the below address. Comments must be received by not later 
than August 29, 2005. In the absence of timely objections, this 
proposal shall become the final determination of the Department of the 
Interior.

ADDRESSES: Bureau of Land Management, Ridgecrest Field Office c/o 
California Desert District at 22835 Calle San Juan De Los Lagos, Moreno 
Valley, California 92553.

FOR FURTHER INFORMATION CONTACT: Janet Eubanks, Realty Specialist, at 
the above address or at (951) 697-5376.

SUPPLEMENTARY INFORMATION: The following described land has been 
examined and found suitable for sale to Searles Valley Minerals, Inc. 
utilizing direct sale procedures, at not less than the appraised fair 
market value of $6,000. The land sale is contingent upon the approval 
of the West Mojave Plan, an amendment to the California Desert 
Conservation Area Plan of 1980 and will not be offered for sale until 
at least September 12, 2005.

Mount Diablo Meridian, San Bernardino County, California.

T. 25 S., R. 43 E.,
    Sec. 21, lot 4.

    Containing approximately 39.99 acres.

    Authority for the sale is Section 203 of the Federal Land Policy 
and Management Act of October 21, 1976 (43 U.S.C. 1713). The mineral 
interests will be retained by the United States of America. The patent, 
when issued, 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. Act of August 30, 1890 (43 U.S.C. 945).
    2. A mineral lease granted to Kerr-McGee Chemical Corp. its 
successors or assigns, under lease CALA 087312.
    3. (a) The United States reserves to itself all minerals in the 
lands subject to this conveyance, including, without limitation, 
substances subject to disposition under the general mining laws, the 
general mineral leasing laws, the Materials Act and the Geothermal 
Steam Act.
    (b) The United States reserves to itself its permittees, licensees, 
lessee and mining claimants, the right to prospect for, mine and remove 
the mineral owned by the United States under applicable law and such 
regulations as the Secretary of the Interior may prescribe. This 
reservation includes all necessary and incidental activities conducted 
in accordance with the provisions of the mining, geothermal and mineral 
leasing, and material disposal laws in effect at the time such 
activities are undertaken, including, without limitation, necessary 
access and exit rights, all drilling, underground, open pit or surface 
mining operations, storage and transportation facilities deemed 
necessary and authorized under law and implementing regulations.
    (c) Mining claimants, permittees, licensees and lessees of the 
United States, shall only be liable for and shall only compensate 
owners of the surface estate for damages caused by their actions or 
inactions and not related to conditions on the real property relating 
to or arising from the boiler ash or any hazardous substances or solid 
waste released, disposed of, or stored on the real property.
    (d) All causes of action brought to enforce the rights of the 
surface owner under the regulations above referred to shall be 
instituted against mining claimants, permittees, licensees and lessees 
of the United States; and the United States shall not be liable for the 
acts or omissions of its mining claimants, permittees, licensees, or 
lessees.
    The proposed sale is also subject to those rights for monitoring 
wells granted to Kerr-McGee Chemical Corp. by right-of-way serial 
number CACA-034604, pursuant to Title V of the Act of October 21, 1976 
(43 U.S.C. 1761).
    The above described land has been used as a disposal site for 
boiler ash generated by Kerr-McGee Chemical Corp. from operations at 
Searles Lake, Trona, California. Permanent records regarding the 
disposal of boiler ash on this land are maintained by Kerr-McGee 
Chemical LLC at the Kerr-McGee Center, Oklahoma City, Oklahoma, and 
available for public inspection. Although there is no indication these 
materials pose any significant risk to human health or the environment, 
the foregoing reservations of rights in favor of the United States and 
its permittees, licensees, lessees and mining claimants shall be 
exercised in a manner and on terms and conditions consistent with, and 
patentee and its successors and assigns shall limit future land uses on 
or affecting the disposal site to those consistent with, the closure 
and post-closure plans for the site approved by the California Regional 
Water Quality Control Board Lahontan Region, any applicable State and 
Federal laws and regulations.
    Patentee, its successors and assignor agrees to indemnify, defend, 
and hold the United States harmless from any costs, damages, claims, 
liabilities, and judgements for the real property including the boiler 
ash site arising from acts or omissions of the patentee, its employees, 
agents, contractors, lessees or any third parties arising out of or in 
connection with, patentee's use, occupancy, or operations on the 
patented real property. This indemnification and hold harmless 
agreement includes, but is not limited to, acts and omissions of the 
patentee, its employees, agents, contractors, lessees, or any third 
parties arising out of or in connection with the use and/or occupancy 
of the patented real property, including the boiler ash site, that has 
resulted in or does hereafter result in any of the following: (1) 
Violations of Federal, state, and local laws and regulations; (2) 
judgements, claims or demands assessed against the United States; (3) 
costs, expenses, or damages incurred by the United States; (4) releases 
or threatened releases, including but not limited to the boiler

[[Page 40728]]

ash on or into land, property and other interests of the United States; 
(5) other activities by which hazardous substances, boiler ash, or 
solid waste was generated, released, stored, used or otherwise disposed 
on the patented real property; or (6) any clean-up response, natural 
resource damage or other actions related in any manner to said boiler 
ash. This covenant shall be construed as running with the patented real 
property, and may be enforced by the United States in a court of 
competent jurisdiction.
    The proposed sale is also subject to those rights for monitoring 
wells granted to Kerr-McGee Chemical Corp. by right-of-way serial 
number (CACA 34604), pursuant to Title V of the Act of October 21, 1976 
(43 U.S.C. 1761).
    This parcel of land located in Searles Valley, California, is being 
offered for sale through direct sale procedures authorized under 43 CFR 
2711.3-3. This land has been used in trespass by Kerr-McGee Chemical 
Corp. to dispose of boiler ash and is no longer required for Federal 
purposes. The land is currently classified as intensive use under the 
CDCA plan, which does not allow for sale; however, the same land is 
being unclassified under the West Mojave Plan to allow for disposal of 
land through a direct sale. No action will be taken on these lands 
until the decision record for the West Mojave Plan is approved. The 
proposed action is consistent with the objectives, goals, and decisions 
of the West Mojave Plan.
    An Environmental Assessment (EA) and a Finding of No Significant 
Impact (FONSI) has been prepared for this proposed sale. The EA and 
FONSI are available for public review and comment in the Ridgecrest 
Field Office. A copy may be requested from Janet Eubanks, Ridgecrest 
Realty Specialist at (951) 697-5376.
    Publication of this Notice in the Federal Register segregates the 
subject land from all appropriations under the public land laws, 
including the general mining laws, except sale under the Federal Land 
Policy and Management Act of 1976. The segregation will terminate upon 
issuance of the patent upon publication in the Federal Register of a 
termination of the segregation, or 270 days from date of publication, 
whichever occurs first.
    Interested parties may submit written comments to the Ridgecrest 
Field Manager at the above address. Comments must be received by not 
later than August 29, 2005.
    Any adverse comments will be reviewed by the State Director, who 
may sustain, vacate, or modify this realty action and issue a final 
determination. In the absence of timely filed objections this realty 
action will become the final determination of the Department of the 
Interior. The land will not be offered for sale until at least 
September 12, 2005.

Linda D. Hansen,
District Manager, California Desert District (CA-610).
[FR Doc. 05-13881 Filed 7-13-05; 8:45 am]
BILLING CODE 4310-40-P