[Federal Register Volume 74, Number 129 (Wednesday, July 8, 2009)]
[Notices]
[Pages 32646-32647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16133]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLES002000.L1430000.ES0000; FLES 051657]


Notice of Realty Action: Recreation and Public Purposes Act 
(R&PP) Act Classification and Conveyance; Lee County, FL

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 lease and/or conveyance to the City of Sanibel Island 
under the provisions of the Recreation and Public Purposes (R&PP) Act 
of 1926, as amended (43 U.S.C. 869 et seq.), approximately 44.77 acres 
of public land in Sanibel Island, Lee County, Florida. The City of 
Sanibel Island proposes to use the land for a park.

DATES: Interested parties may submit written comments regarding this 
proposed classification or lease/conveyance of public land until August 
24, 2009.

ADDRESSES: Please submit your written comments to the Field Manager, 
Bureau of Land Management--Eastern States (BLM-ES), Jackson Field 
Office, 411 Briarwood Drive, Suite 404, Jackson, Mississippi 39206. 
Comments received in electronic form, such as e-mail or facsimile, will 
not be considered.

FOR FURTHER INFORMATION CONTACT: Vicky Craft, BLM-ES Jackson Field 
Office at (601) 977-5435 or at the address above.

SUPPLEMENTARY INFORMATION: In accordance with Section 7 of the Act of 
June 28, 1943, as amended, (43 U.S.C 315f), and Executive Order (EO) 
6964, the following described public land in Lee County, Florida has 
been examined and found suitable for classification for lease and/or 
conveyance under the provisions of the R&PP Act, as amended, (43 U.S.C. 
869 et seq.) and, accordingly, opened for only that purpose.

Tallahassee Meridian

T. 46 S., R.23 E.,
    Sec. 21, lots 1 and 4.

    The area described contains 44.77 acres, more or less, in Lee 
County, Florida.

    The parcel contains the Sanibel Island Lighthouse and is located on 
the eastern point of the island. The land had been withdrawn to the 
United States Coast Guard (USCG) for lighthouse purposes by Executive 
Order on December 19, 1883. The withdrawal was revoked by Public Land 
Order (PLO) No. 7711, which made the land available for lease and/or 
conveyance under the R&PP Act. Conveyance of the land to the City of 
Sanibel Island is consistent with the Florida Resource Management Plan, 
dated June 21, 1995, and would be in the public interest. Additional 
detailed information pertaining to this application, including a plan 
of development, and map depicting the public land is available for 
review at the BLM-ES Jackson Field Office.
    The City of Sanibel Island has not applied for more than the 640 
acre limitation for recreation uses in a year and has submitted a 
statement in compliance with the regulations at 43 CFR 2741.4(b). The 
City of Sanibel Island proposes to use the land as a park.
    The City of Sanibel Island has applied for patent to the land under 
the R&PP Act of 1926. The patent or a lease, if issued, would be 
subject to the following terms, conditions and reservations to the 
United States:
    1. Provisions of the R&PP Act of 1926, as amended, and all 
applicable regulations of the Secretary of the Interior, including, but 
not limited to, those terms required by 43 CFR 2741.9.
    2. Valid existing rights.
    3. Reserved right of the USCG to maintain the light and have 
ingress and egress rights to the light.
    4. All minerals are reserved to the United States, together with 
the right to prospect, mine and remove the minerals.

[[Page 32647]]

    5. Terms and conditions identified through the site specific 
environmental analysis.
    6. Any other rights or reservations that the authorized officer 
deems appropriate to ensure public access and proper management of 
Federal land and interest therein.
    7. The lessee/patentee, its successors or assigns, by accepting a 
lease/patent, agrees to indemnify, defend, or hold the United States, 
its officers, agents, representatives, and employees (hereinafter 
``United States'') harmless from any costs, damages, claims, causes of 
action, penalties, fines, liabilities, and judgments of any kind or 
nature arising out of, or in connection with the lessee's/patentee's 
use, occupancy, or operations on the leased/patented real property. 
This indemnification and hold harmless 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 lessee's/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 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 substance(s), pollutant(s) or 
contaminant(s), and/or petroleum product or derivative of a petroleum 
product, as defined by Federal and state environmental laws; off, on, 
into or under land, property and other interests of the United States; 
(5) Other activities by which solid or hazardous substances(s) or 
waste(s), pollutant(s) or contaminant(s), or petroleum product or 
derivative of a petroleum product as defined by Federal and 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), pollutant(s) or contaminant(s), or 
petroleum product or derivative of a petroleum product; (6) Natural 
resource damages as defined by Federal and State laws. Lessee/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 
and 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.
    Upon publication of this notice in the Federal Register, the land 
described above will be segregated from all other forms of disposal or 
appropriation under the public land laws, including the general mining 
laws, except for lease and/or conveyance under the R&PP Act and leasing 
under the mineral leasing laws.
    Classification Comments: Interested persons may submit comments 
involving the suitability of the land for a park. 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 
regarding the specific use proposed in the application and plan of 
development and the management plan, whether the BLM followed proper 
administrative procedures in reaching the decision to lease or convey 
under the R&PP Act, or any other factor not directly related to the 
suitability of the land for R&PP use.
    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 in your comment to withhold your personal identifying information 
from public review, we cannot guarantee that we will be able to do so.
    Any adverse comments will be reviewed by the State Director of the 
BLM-ES. In the absence of any adverse comments, the classification of 
the land described in the notice will become effective 60 days after 
publication of this notice in the Federal Register. The land will not 
be conveyed until after the classification becomes effective.

Corey Grant,
Acting State Director.
[FR Doc. E9-16133 Filed 7-7-09; 8:45 am]
BILLING CODE 4310-GJ-P