[Federal Register Volume 73, Number 210 (Wednesday, October 29, 2008)]
[Notices]
[Pages 64364-64366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25782]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[UT-LLUT11000-08-L14300000-FR0000-241A.00; UTU-76680]


Recreation and 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 
certain public lands located in Kane County, Utah, are suitable for 
classification for conveyance to the Western Kane County Special 
Services District under the authority of the Recreation and Public 
Purposes (R&PP) Act, June 14, 1926, as amended (43 U.S.C. 869).

[[Page 64365]]


DATES: Comments regarding the proposed conveyance must be received by 
the BLM on or before December 15, 2008. Only written comments will be 
accepted.

ADDRESSES: Detailed information concerning this action, including but 
not limited to documentation related to compliance with applicable 
environmental and cultural resource laws, is available for review at 
the BLM Kanab Field Office. Address all written comments concerning 
this notice to Harry Barber, Kanab Field Office Manager, 318 North 100 
East, Kanab, Utah 84741. 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 FURTHER INFORMATION CONTACT: Hugh Wolfe, Realty Specialist, BLM 
Kanab Field Office, (435) 644-4608, [email protected].

SUPPLEMENTARY INFORMATION: The following described public land in Kane 
County, Utah, has been examined and found suitable for conveyance to 
the Western Kane County Special Services District under the provisions 
of the R&PP Act, as amended:

Salt Lake Meridian, Utah

T. 40 S., R. 7 W.,
    Sec. 26, S\1/2\NE\1/4\SW\1/4\SW\1/4\SW\1/4\, S\1/2\SW\1/4\SW\1/
4\SW\1/4\;
    Sec. 35, NW\1/4\NE\1/4\NW\1/4\, NE\1/4\NW\1/4\NW\1/4\.

    The area described above contains approximately 26.25 acres in 
Kane County, Utah.

    In 1989, Western Kane County Special Services District received a 
patent from the BLM for 10 acres of land for the purpose of developing 
a landfill in the western portion of Kane County. This landfill was 
subsequently developed and serves as the repository for solid waste in 
this area. Since that time, there has been tremendous growth in the 
area (mainly from development of and visitation to Cedar Mountain and 
surrounding areas) resulting in increased pressure and use of the 
existing landfill. This increased pressure and use is causing the 
original 10-acre landfill site to be used up much more rapidly than 
previously anticipated. With the explosive population growth in the Las 
Vegas, Nevada and St. George, Utah areas (where much of the Cedar 
Mountain development and visitation comes from), the need for 
additional solid waste disposal will only increase as well. The 
landfill site would serve important public objectives, including 
efficient and orderly disposal of solid waste with a minimum solid 
waste transportation distance for the majority of Long Valley and Cedar 
Mountain residents.
    The proposed conveyance is consistent with the BLM Zion Management 
Framework Plan approved April 22, 1981, and amended March 10, 1998 
(MFP). This 1998 Land Tenure Adjustment Amendment allows the BLM to 
consider land tenure adjustments (including R&PP leases/patents) if the 
action meets one or more criteria. One of these criteria was that the 
action ``is in the public interest and accommodates the needs of state, 
local, or private entities, including needs for the economy, community 
growth and expansion and [is] in accordance with other land use goals 
and objectives and MFP planning decisions.'' This action is consistent 
with the goals, objectives, and decisions of the Zion MFP, and would 
not conflict with other decisions throughout the plan. The proposed 
action is therefore in conformance with the Zion MFP and would serve 
important public objectives which cannot be achieved prudently or 
feasibly elsewhere.
    The land contains no other known public values. The subject parcel 
has not been identified for transfer to the State or any other local 
government or nonprofit organization.
    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. In particular, 
statutory provisions governing the conveyance of new disposal sites are 
to be found at 43 U.S.C. 869-2(b), regulatory provisions at 43 CFR 
2743.2 and 2343.2-1.
    2. A right of way for ditches or canals constructed by the 
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 minerals 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. These parcels are subject to the requirements of section 120(h) 
of the Comprehensive Environmental Response, Compensation and 
Liabilities Act, 42 U.S.C. 9620(h) (CERCLA), as amended by the 
Superfund Amendments and Reauthorization Act of 1988, Sat. 1670. 
Federal Register/Vol. 72, No. 134/Friday, July 13, 2007/Notices.
    6. 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

[[Page 64366]]

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.
    Additional detailed information concerning this Notice of Realty 
Action, including environmental records, is available for review at the 
BLM Kanab Field Office, at the above address. Office hours are 7:45 
a.m. to 4:30 p.m., Monday through Friday except holidays.
    Upon publication of this notice in the Federal Register, the land 
described above will be segregated from appropriation under the public 
land laws, including the mining laws, except for conveyance under the 
R&PP Act.
    Classification Comments: You may submit comments regarding the 
proposed classification or conveyance of the land to the BLM Kanab 
Field Office Manager at the address stated above. You may submit 
comments involving the suitability of the lands for a sanitary landfill 
site. Comments on the classification are restricted to the following 
four subjects:
    (1) Whether the land is physically suited for the proposal;
    (2) Whether the use will maximize the future use or uses of the 
land;
    (3) Whether the use is consistent with local planning and zoning; 
and
    (4) If the use is consistent with State and Federal programs.
    Application Comments: You may submit comments regarding the 
specific use proposed in the Service District's application; and 
whether the BLM followed proper administrative procedures in reaching 
the decision. Comments received during this process, including 
respondent's name, address, and other contact information will be 
available for public review.
    The State Director will review any adverse comments. In the event 
the public does not submit adverse comments, the classification will 
become 60 days from the date of publication in the Federal Register. 
The land will not be offered for conveyance until after the 
classification becomes effective.

(Authority: 43 CFR Subpart 2741.)

    Dated: October 23, 2008.
Jeff Rawson,
Actg. State Director.
 [FR Doc. E8-25782 Filed 10-28-08; 8:45 am]
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