[Federal Register Volume 72, Number 229 (Thursday, November 29, 2007)]
[Notices]
[Pages 67606-67607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23120]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-200-1430-FR; COC-64330]


Notice of Realty Action: Recreation and Public Purposes (R&PP) 
Act Classification; Logan County, CO

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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

SUMMARY: The following public land parcel in Logan County, Colorado, 
has been examined and found suitable for classification for conveyance 
to the Colorado Division of Wildlife under the provision of the 
Recreation and Public Purposes Act, as amended, 43 U.S.C. 869 et seq., 
and under sec. 7 of the Taylor Grazing Act, 43 U.S.C. 315f, and E.O. 
6910.

Sixth Principal Meridian, Colorado

T. 7 N., R. 53 W.,
    Sec. 26, NE\1/4\SE\1/4.\

    The area described contains 40 acres in Logan County.

    The Colorado Division of Wildlife (CDOW) has not applied for more 
than the 6,400 acre limitation for recreation uses in a year.
    The CDOW has submitted a statement in compliance with the 
regulations at 43 CFR 2741.4(b). The CDOW proposes to use the land as 
an addition to its existing Overland State Wildlife Park. The CDOW has 
not requested more land than is needed for their development and 
management plans.

DATES: Comments as to the proposed classification and conveyance 
application must be received by BLM for a period of 45 days from the 
date of publication of this notice in the Federal Register.

ADDRESSES: Detailed information, including but not limited to, a 
proposed development plan and documentation relating to compliance with 
applicable environmental and cultural resources laws is available for 
review at the Royal Gorge Field Office, Bureau of Land Management, 3170 
East Main Street, Canon City, Colorado 81212.

FOR FURTHER INFORMATION CONTACT: Debbie Bellew, Realty Specialist, at 
(719) 269-8514 or [email protected].

SUPPLEMENTARY INFORMATION: The CDOW has filed a petition-application 
under the provisions of the Recreation and Public Purposes Act, as 
amended (43 U.S.C. 869 et seq.) for classification and conveyance. The 
land is not needed for any Federal purposes and has been identified for 
disposal in the Northeast Colorado Resource Management Plan (September 
1986). Conveyance of the land for recreational or public purposes is 
consistent with current BLM land use planning and would complement the 
CDOW's outdoor recreation program and would be in the public interest.
    All interested parties will receive a copy of this notice once it 
is published in the Federal Register. The notice will be published in a 
newspaper of local circulation for three consecutive weeks. The 
regulations do not require a public meeting.
    Upon publication of this notice in the Federal Register the parcel 
will be segregated from all other forms of appropriation under the 
public land laws, including the general mining laws, except for 
conveyance under the

[[Page 67607]]

Recreation and Public Purposes Act and leasing under the mineral 
leasing laws.
    The conveyance of the land, when issued, will be subject to the 
following terms, conditions and reservations:
    1. A reservation to the United States for ditches and canals 
constructed by the authority of the United States Act of August 30, 
1890 (43 U.S.C. 945).
    2. Provisions of the Recreation and Public Purposes Act and to all 
applicable regulations of the Secretary of the Interior.
    3. All mineral deposits in the parcel shall be reserved to the 
United States together with the right to prospect for, mine and remove 
the minerals.
    4. All valid existing rights documented on the official public land 
records at the time of patent issuance.
    5. Pursuant to the authority contained in Section 3(d) of Executive 
Order 11988 of May 24, 1977 (42 FR 26951) and the Recreation and Public 
Purposes Act of 1926 as amended, 43 U.S.C. 869 et seq., the patent will 
be subject to a restriction which constitutes a covenant running with 
the land, that the land, which is within the floodplain of the South 
Platte River, may be used only for non-intensive open space recreation.
    6. Indemnification Term: The patentee, by accepting the patent, 
covenants and agrees to indemnify, defend, and hold the United States 
harmless from any costs, damages, claims, causes of action, penalties, 
fines, liabilities, and judgments of any kind arising from the past, 
present, or future acts or omissions of the patentee, its employees, 
agents, contractor, or lessees, or any third party, arising out of, or 
in connection with, the 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 and its employees, agents, contractors or lessees, or any 
third party, arising out of or in connection with the use and/or 
occupancy of the patented real property which has already resulted or 
does hereafter result in: (1) Violations of Federal, State and local 
laws and regulations that are now, or may in the future, become 
applicable to the real property; (2) Judgments, claims, or demands of 
any kind assessed against the United States; (3) Costs, expenses, or 
damages of any kind incurred by the United States; (4) Releases or 
threatened releases of solid or hazardous waste(s) and/or hazardous 
substance(s) as defined by Federal or State environmental laws, off, 
on, into, or under land, property, and other interests of the United 
States; (5) Activities by which solids or hazardous substances or 
wastes, as defined by Federal and State environmental laws are 
generated, released, stored, used, or otherwise disposed of on the 
patented real property, and any cleanup response, remedial action, or 
other actions related in any manner to said solid or hazardous 
substance(s) or waste(s); or (6) natural resource damages as defined by 
Federal and State law. 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.
    7. CERCLA Term: ``Pursuant to the requirements established by 
section 120(h) of the Comprehensive Environmental Response, 
Compensation and Liability Act (42 U.S.C. 9620(h)) (CERCLA), as amended 
by the Superfund Amendments and Reauthorization Act of 1988, (100 Stat. 
1670), notice is hereby given that the above-described parcel has been 
examined and no evidence was found to indicate that any hazardous 
substances have been stored for one year or more, nor had any hazardous 
substances been disposed of or released on the subject property.''
    Classification Comments: Interested persons may submit comments 
involving the suitability of the land for development as a recreational 
area to include: a graveled parking lot, boundary fencing, 
informational signs, food plots (.5-1.5 ac), hunter access paths and 
flushing strips. 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 persons may submit comments, 
including notification of any encumbrances or other claim relating to 
the parcel, and 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 factors not directly 
related to the suitability of the land for recreational use and 
development. Any adverse comments will be reviewed by the BLM State 
Director, Colorado. In the absence of any adverse comments, this realty 
action will become effective 60 days after publication of this Notice 
of Realty Action in the Federal Register. The land will not be offered 
for conveyance until after the classification becomes effective. Before 
including your address, phone number, e-mail address, or other personal 
identifying information in your comment, be advised that your entire 
comment--including your personal identifying information--may be made 
publicly available at any time. While you can ask us in your comment to 
withhold from public review your personal identifying information, we 
cannot guarantee that we will be able to do so. If you wish to have 
your name or address withheld from public disclosure under the Freedom 
of Information Act, you must state it prominently at the beginning of 
your comments. Any determination by the BLM to release or withhold the 
names and/or addresses of those who comment will be made on a case-by-
case basis. Such requests will be honored to the extent allowed by law. 
BLM will make available for public review, in their entirety, all 
comments submitted by businesses or organizations, including comments 
by individuals in their capacity as an official or representative of an 
organization or business.

(Authority: 43 Code of Federal Regulations (CFR) 2741.5)

Roy L. Masinton,
Field Manager, Royal Gorge Field Office.
 [FR Doc. E7-23120 Filed 11-28-07; 8:45 am]
BILLING CODE 4310-JB-P