[Federal Register Volume 70, Number 153 (Wednesday, August 10, 2005)]
[Notices]
[Pages 46537-46538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15812]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-065-5440 FR F514; N-62049]


Notice of Realty Action: Recreation and Public Purposes Act 
Classification for Conveyance; Esmeralda County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) has examined and found 
suitable for classification for conveyance, under the provisions of the 
Recreation and Public Purposes (R&PP) Act of 1926, as amended (43 
U.S.C. 869 et seq.), approximately 29.29 acres of public land near the 
community of Dyer, Esmeralda County, Nevada. Esmeralda County proposes 
to acquire and manage the parcel as a solid waste transfer station and 
drop box facility.

ADDRESSES: Send written comments to the Assistant Field Manager, BLM 
Tonopah Field Station, P.O. Box 911, Tonopah, Nevada 89049. 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 89049.

FOR FURTHER INFORMATION CONTACT: Wendy Seley, Realty Specialist, Bureau 
of Land Management, Tonopah Field Station, at (775) 482-7806 or the 
address listed above.

SUPPLEMENTARY INFORMATION: The following described public land, is 
hereby classified as suitable for conveyance under the provisions of 
the R&PP Act (43 U.S.C. 869 et seq.):

Mount Diablo Meridian, Nevada

T. 3 S., R. 35 E.
    Sec. 36, lots 4, 5, 6, 7

    Containing 29.29 acres, more or less, in Esmeralda County.

Esmeralda County has applied for patent to the public land under the 
R&PP Act. Esmeralda County proposes to use and manage the land for a 
municipal solid waste transfer station and drop box facility. The 
subject land is identified in the Tonopah Resource Management Plan, 
approved October 2, 1997, as not needed for federal purposes.
    The conveyance is consistent with current Bureau 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 or canals constructed by the 
authority of the United States, 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 such regulations as the Secretary of the 
Interior may prescribe.
    3. A right-of-way authorized under the Act of October 21, 1976, (43 
U.S.C. 1761) for powerline purposes granted to Valley Electric 
Association, its successors or assigns, by right-of-way No. Nev 051579.
    4. A right-of-way authorized for a Federal Aid Highway (sec. 17) 
under the Act of November 9, 1921, as amended, (042 Stat. 0216) by 
right-of-way No. Nev 09885 granted to the Nevada Department of 
Transportation, its successors or assigns.
    5. A right-of-way authorized under the Act of October 21, 1976 (43 
U.S.C. 1761), for telephone and telegraph purposes granted to Nevada 
Bell, its successors or assigns, by right-of-way No. N-35352 and will 
be subject to:
    1. All valid existing rights documented on the official public land 
records at the time of patent issuance.
    Patent will contain the following provisions:
    1. Esmeralda 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 on or the release of 
hazardous substances from Mount Diablo Meridian, Nevada, T. 3 S., R. 35 
E., section 36, lots 4, 5, 6, 7, regardless of whether such claims 
shall be attributable to: (1) The concurrent,

[[Page 46538]]

contributory, or partial fault, failure or negligence of the United 
States; (2) the sole 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 be used as a solid waste transfer station and 
drop box facility. 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.
    A portion of the subject lands (19.70 acres, according to the 
survey records as of October 20, 2003) were previously classified and 
segregated for the purposes of a lease or sale under N-24695, 
authorizing a sanitary landfill pursuant to the Recreation and Public 
Purposes Act. Commencing on August 10, 2005, 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, leasing under the mineral 
leasing laws and disposals under the mineral material disposal laws. 
Interested parties may submit comments regarding the proposed 
conveyance or classification of the lands until September 26, 2005.
    On August 26, 1997, Esmeralda County filed a R&PP application for 
approximately 20 acres of public land to be developed as a drop box 
facility with related facilities. A supplemental plat map was issued on 
October 21, 2003, increasing the application size to 29.29 acres. 
Esmeralda County is a political subdivision of the State of Nevada. 
Esmeralda County is a qualified local government entity. Additional 
detailed information pertaining to this application and plan of 
development is on file in case file N-62049 located at the address 
listed above.
    Classification Comments: Interested parties may submit comments 
involving the suitability of the land for municipal solid waste 
transfer station and drop box facility. Comments on the classification 
are restricted to whether the land is physically suited for the 
proposal, whether the use will maximize the future use or uses of the 
land, 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 R&PP use.
    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 October 11, 2005. The 
lands will not be offered for conveyance until after the classification 
becomes effective.

    Authority: 43 CFR 2741.

    Dated: June 30, 2005.
William S. Fisher,
Assistant Field Manager, Tonopah.
[FR Doc. 05-15812 Filed 8-9-05; 8:45 am]
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