[Federal Register Volume 73, Number 210 (Wednesday, October 29, 2008)]
[Notices]
[Pages 64363-64364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25780]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[UT-LLUT02000-08-14300000-FR0000-241A.00; UTU-66588-02]


Recreation & Public Purposes Act Classification; Utah

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: The Bureau of Land Management (BLM) has determined that public 
lands in Tooele County, Utah have been examined and found suitable for 
classification for conveyance to the City of Wendover, Utah under the 
provisions of the Recreation and Public Purposes Act, as amended (43 
U.S.C. 869).

DATES: Comments regarding the proposed conveyance must be received by 
the BLM on or before December 15, 2008. Comments should reference the 
serial number UTU-66588-02.

[[Page 64364]]

Comments on the classification are restricted to whether the land is 
physically suited for the proposal, whether the use will maximize 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.

ADDRESSES: Comments may be submitted to the Bureau of Land Management, 
Salt Lake City Field Office, 2370 South 2300 West, Salt Lake City, UT 
84119. Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware 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 your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

FOR FUTHER INFORMATION CONTACT: David Watson, Realty Specialist, BLM 
Salt Lake Field Office, (801) 977-4368, [email protected].

SUPPLEMENTARY INFORMATION: The City of Wendover has filed an 
application under the provisions of the R&PP Act of June 14, 1926, as 
amended (43 U.S.C. 869) to purchase the public land described above for 
a city cemetery, which they have managed under a R&PP Lease for the 
past 18 years. The R&PP Act provides for purchase of public lands by 
units of local government for public purposes such as cemeteries at one 
half their fair market value. The City of Wendover proposes to continue 
to use the following described public land for a city cemetery.

Salt Lake Meridian, Utah.

T. 1 S., R. 19 W.,
    Sec. 7: Lot 7.

    Contains approximately 10 acres in Tooele County, Utah.

    The land is not needed for any Federal purposes. Conveyance is 
consistent with current BLM land use planning, The Pony Express 
Resource Management Plan--1990, and would be in the public interest.
    The patent, when issued, will be subject to the following terms, 
conditions and reservations:
    1. Provisions of the Recreation and Public Purposes Act and all 
applicable regulations of the Secretary of the Interior.
    2. A rights-of-way for ditches or canals constructed by authority 
of the United States, Act of August 30, 1890 (43 U.S.C. 945).
    3. All valid existing rights.
    4. The United States will reserve all mineral together with the 
right to prospect for, mine and remove the minerals under applicable 
laws and such regulations as the Secretary of the Interior may 
prescribe, including all necessary access and exit rights.
    5. The patentee, its successors or assigns, by accepting a patent, 
agrees to indemnify, defend, and hold harmless the United States, its 
officers, agents, representatives, and employees (hereinafter ``United 
States'') from any costs, damages, claims, causes of action in 
connection with the patentee's use, occupancy, or operations on the 
patented real property. This agreement includes, but is not limited to, 
acts or omissions of the patentee and its employees, agents, 
contractors, lessees, or any third party arising out of, or in 
connection with, the patentee's use, occupancy, or operations on the 
patented real property which cause or give rise to, in whole or in 
part: (1) Violations of Federal, State, and local laws and regulations 
that are now, or may in the future become, applicable to the real 
property and/or applicable to the use, occupancy, and/or operations 
thereon; (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 substances(s), pollutant(s), or 
contaminants(s), and/or petroleum product(s) or derivative(s) of a 
petroleum product, as defined by Federal or State environmental laws; 
of, on, into, or under land, property, and other interests of the 
United States; (5) other activities by which solid or hazardous 
substance(s) or waste(s), pollutant(s) or contaminant(s), or petroleum 
product(s) or derivative(s) of a petroleum product as defined by 
Federal or State environmental laws are generated, 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 
the said solid or hazardous substance(s) or waste(s) or contaminant(s), 
or petroleum product(s) or derivative(s) of a petroleum product as 
defined by Federal or State laws. Patentee shall stipulate that it will 
be solely responsible for compliance with all applicable Federal, 
State, and local environmental laws and regulatory provisions, 
throughout the life of the facility, including any closure and/or post-
closure requirements that may be imposed with respect to any physical 
plant and/or facility upon the real property under any Federal, State, 
or local environmental laws or regulatory provisions. In the case of a 
patent being issued, 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.
    Classification Comments: Additional detailed information concerning 
this Notice of Realty Action, including environmental records, is 
available for review at the BLM Salt Lake Field Office, at the above 
address. Office hours are 8 a.m. to 4:30 p.m., Monday through Friday 
except holidays.
    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 cemetery.
    Upon publication of this notice in the Federal Register the lands 
covered by the application shall be segregated to the extent that they 
will not be subject to appropriation under the public land laws 
including the general mining laws except for conveyance under the 
Recreation and Public Purposes Act.
    The State Director will review any adverse comments. In the absence 
of any adverse comments, the classification will become effective 60 
days from the date of publication in the Federal Register.

    Dated: October 23, 2008.
 Jeff Rawson,
 Acting State Director.
 [FR Doc. E8-25780 Filed 10-28-08; 8:45 am]
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