[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Notices]
[Pages 35085-35086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14929]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVE00000 L14300000.ES0000 241A; N-85701; 10-08807; 
MO4500012744; TAS: 14X5232]


Notice of Realty Action: Recreation and Public Purposes Act 
Classification, Elko County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: A Recreation and Public Purposes (R&PP) Act application for 
lease and/or conveyance of approximately 807.5 acres of public land in 
Elko County, Nevada, has been filed with the Bureau of Land Management 
(BLM) by the City of Elko (City). The City proposes to use the land for 
a waste water reclamation facility. The BLM proposes to classify the 
lands as suitable for lease and/or conveyance, as specified below.

DATES: Interested parties may submit written comments regarding the 
proposed conveyance or classification of the lands until August 5, 
2010.

ADDRESSES: Mail written comments to the BLM Field Manager, Tuscarora 
Field Office, 3900 East Idaho Street, Elko, Nevada 89801.

FOR FURTHER INFORMATION CONTACT: Deb McFarlane, (775) 753-0223, or e-
mail: [email protected]. An environmental assessment of the 
proposal is available at the BLM Web site: http://www.blm.gov/nv/st/en/fo/elko_field_office.html.

SUPPLEMENTARY INFORMATION: In accordance with Section 7 of the Taylor 
Grazing Act (43 U.S.C. 315f), and Executive Order No. 6910, the 
following described public land in Elko County, Nevada, has been 
examined and found suitable for classification and lease and/or 
conveyance under the provisions of the R&PP Act, as amended, (43 U.S.C. 
869 et seq.):

Mount Diablo Meridian

T. 33 N., R. 55 E.,
    Sec. 5, lots 6, 7, 9 to 12, inclusive, 26 to 30, inclusive, 32, 
34, and 43;
    Sec. 6, lots 16, 17, 24, and 26.
T. 34 N., R. 55 E.,
    Sec. 29, lots 1 to 4, inclusive, SE\1/4\, SE\1/4\NE\1/4\, and 
SE\1/4\SW\1/4\;
    Sec. 32, SW\1/4\NW\1/4\, W\1/2\SW\1/4\, NE\1/4\NW\1/4\NW\1/4\, 
and S\1/2\NW\1/4\NW\1/4\.

    The area described contains 807.5 acres, more or less in Elko 
County.

    The R&PP Act and its implementing regulations include an annual 
limitation of 640 acres on conveyances of public lands for any public 
purpose to a state or agency or instrumentality of such state for any 
one of its programs (43 U.S.C. 869; 43 CFR 2741(c)). The City has 
submitted a plan of development for approximately 807.5 acres as part 
of its application under the R&PP Act and for the phased expansion of 
an existing wastewater treatment plant. Each construction phase is 
planned to take place in support of the overall plan for the water 
reclamation facility to be located in this one area. Therefore, the BLM 
proposes to convey these public lands on a phased basis, through 
several transactions. The BLM proposes to classify 529.8 of these acres 
as suitable for conveyance pursuant to the 1988 Amendments to the R&PP 
Act, in order that they may be patented without retention of a 
reversionary interest by the United States. The BLM proposes to 
classify the remaining acreage as suitable for lease and/or conveyance 
under the R&PP Act. During the notice period, the BLM proposes to 
initially lease the remaining acreage subject to the continuation of 
existing grazing afforded to holders of grazing permits on the public 
land, and subject to the requirement that no construction or other 
activities that may either (1) interfere with the permitted grazing or 
(2) constitute any purpose which the BLM authorized officer finds may 
include the disposal, placement, or release of any hazardous substance 
on such public lands, take place on the leased lands, until such time 
as the City is prepared to commence construction of the next phase of 
the water reclamation project, but no sooner than the end of the 2-year 
notice period (unless such notice is waived by the grazing permittee). 
At such time as the City is prepared to proceed, the BLM proposes to 
convey the leased land under the authority of the 1988 Amendments to 
the R&PP Act, and the regulations at 43 CFR 2743, without retention of 
a reversionary interest by the United States.
    Additional detailed information pertaining to this application, 
plan of development, and site plans is in case file N-85701 located in 
the BLM Elko District Office.
    The land is not needed for any Federal purpose. Both the proposed 
conveyance of the 529.8 acres, and the proposed lease and eventual 
conveyance are consistent with the BLM Elko Resource Management Plan, 
dated March 11, 1987, and would be in the public interest. The lease 
and/or as applicable, the patents for both sets of acreages, when 
issued, will be subject to the provisions of the R&PP Act, as amended, 
and applicable regulations of the Secretary of the Interior, including,

[[Page 35086]]

but not limited to, and especially with respect to the patents, when 
issued, 43 CFR Subpart 2743, and will contain the following terms, 
conditions and reservations:
    1. A right-of-way thereon reserved to the United States 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 are 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, including all necessary access and exit rights;
    3. Valid existing rights;
    4. Right-of-way N-42787 for fiber optic cable purposes granted to 
Sprint Communications Company, its successors and assigns, pursuant to 
the Act of October 21, 1976 (43 U.S.C. 1761);
    5. Rights-of-way N-43924 and N-62432 for power line purposes 
granted to Sierra Pacific Power Company, its successors and assigns, 
pursuant to the Act of October 21, 1976 (43 U.S.C. 1761);
    6. Right-of-way N-46213 for road purposes granted to Elko County, 
its successors and assigns, pursuant to the Act of October 21, 1976 (43 
U.S.C. 1761);
    7. Right-of-way N-61260 for telephone line purposes granted to 
Citizens Communications, its successors and assigns, pursuant to the 
Act of October 21, 1976 (43 U.S.C. 1761);
    8. Right-of-way N-74438 for road purposes granted to William A. 
Crane, his successors and assigns, pursuant to the Act of October 21, 
1976 (43 U.S.C. 1761);
    9. Rights of N-77925 for oil and gas lease purposes granted to 
American Energy Independence Company LLC., pursuant to the Act of 
December 22, 1987, (30 U.S.C. 181 et seq.);
    10. Rights of N-83385 for oil and gas lease purposes granted to 
Wolcott LLC., pursuant to the Act of December 22, 1987, (30 U.S.C. 181 
et seq.);
    11.. Rights of N-86702 for oil and gas development contract 
purposes granted to Rock Investment Group, pursuant to the Act of 
February 25, 1920 (30 U.S.C. 181 et seq.); and
    12. An appropriate indemnification clause protecting the United 
States from claims arising out of lessees/patentee's use, occupancy, or 
operations on the leased/patented lands.
    On publication of this notice in the Federal Register, the land 
described above will be segregated from all other forms of 
appropriation under the public land laws, including the general mining 
laws, except for leasing and/or conveyance under the R&PP Act, leasing 
under the mineral leasing laws, and disposals under the mineral 
material disposal laws.
    Interested parties may submit comments involving the suitability of 
the land for a waste water treatment 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.
    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 to 
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 us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so. Only written comments submitted to the Field Manager, 
BLM Tuscarora Field Office, will be considered properly filed. Any 
adverse comments will be reviewed by the BLM Nevada State Director. In 
the absence of any adverse comments, the decision will become effective 
on August 20, 2010. The land will not be available for conveyance or 
lease and eventual conveyance, as applicable, until after the decision 
becomes effective.

    Authority:  43 CFR 2741.5.

David Overcast,
Manager, Tuscarora Field Office.
[FR Doc. 2010-14929 Filed 6-18-10; 8:45 am]
BILLING CODE 4310-HC-P