[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Notices]
[Pages 43204-43205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18047]



[[Page 43204]]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLIDT03000-L14300000.FR0000; IDI-36299]


Notice of Realty Action: Recreation and Public Purposes Act 
Classification for Conveyance of Public Lands in Blaine County, ID

AGENCY: Bureau of Land Management.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) has examined and found 
suitable for classification and conveyance under the provisions of the 
Recreation and Public Purposes Act (R&PP), as amended (43 U.S.C. 869 et 
seq.), approximately 242.72 acres of public land in Blaine County, 
Idaho. Blaine County, by and through the Blaine County Board of County 
Commissioners, has applied to acquire the land for expansion of the 
existing Ohio Gulch transfer station and also for recreational use.

DATES: Interested parties may submit written comments regarding the 
classification or conveyance of the public lands described in this 
notice by close of business on September 7, 2010.

ADDRESSES: Mail written comments concerning this Notice to Ruth A. 
Miller, Shoshone Field Manager, BLM, Shoshone Field Office, 400 West F 
Street, Shoshone, Idaho 83352.

FOR FURTHER INFORMATION CONTACT: Tara Hagen, Realty Specialist, at the 
above address or phone at (208) 732-7205.

SUPPLEMENTARY INFORMATION: Pursuant to regulations found at 43 CFR 
2400.0-3(a) and in accordance with Section 7 of the Taylor Grazing Act 
(43 U.S.C. 315f), the following described public land in Blaine County, 
Idaho, has been examined and found suitable for classification and 
conveyance under the provisions of the R&PP Act, as amended (43 U.S.C. 
869 et seq.). Classification under Section 7 of the Taylor Grazing Act 
is a prerequisite to the approval of all entries, selections, or 
locations under the R&PP Act. The area described contains 242.72 acres, 
more or less, in Blaine County. In accordance with the R&PP Act, Blaine 
County has filed an application for classification and conveyance of 
the following described public land for (1) expansion of the existing 
Ohio Gulch transfer station (60 acres), and (2) recreational use 
(182.72 acres):

Area 1--Transfer Station

Boise Meridian, Idaho

T. 3 N., R. 18 E.,
    Sec. 15, W\1/2\E\1/2\NW\1/4\, SE\1/4\SW\1/4\SW\1/4\NW\1/4\, S\1/
2\SE\1/4\SW\1/4\NW\1/4\.

    The area described contains 60 acres.

Area 2--Recreation

Boise Meridian, Idaho

T. 3 N., R. 18 E.,
    Sec. 10, lot 3, SE\1/4\SW\1/4\SE\1/4\SW\1/4\, SW\1/4\SE\1/
4\SE\1/4\SW\1/4\, and E\1/2\SE\1/4\SE\1/4\SW\1/4\;
    Sec. 15, W\1/2\NE\1/4\, E\1/2\E\1/2\NW\1/4\, NW\1/4\NW\1/4\SW\1/
4\, and N\1/2\NW\1/4\SW\1/4\.

    The area described contains 182.77 acres.
    Both areas aggregate 242.72 acres, more or less.

    Pursuant to the requirements established by section 120(h) of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(42 U.S.C. 9620(h)) as amended by the Superfund Amendments and 
Reauthorization Act of 1988 (100 Stat. 1670), notice is hereby given 
that the above-described public land has been examined and no evidence 
was found to indicate that any hazardous substances have been stored 
for 1 year or more, nor had any hazardous substances been disposed of 
or released on the property.
    The lands are not needed for Federal purposes and conveyance is in 
the public interest. The conveyance of this parcel of public land is 
consistent with the BLM Shoshone Field Office Sun Valley Management 
Framework Plan, approved by the BLM in 1981 and amended by the 
Amendments to Shoshone Field Office Land Use Plans for Land Tenure 
Adjustment and Areas of Critical Environmental Concern (Amendment) in 
2003. According to the Amendment, the BLM prefers land disposal through 
R&PP Act patents to local or State governments because these entities 
are expected to provide long-term land management to meet the needs of 
the public. Blaine County meets this criterion, as its intent is to 
continue providing the existing recreational opportunities as well as 
to acquire public land to support infrastructure and extend community 
services.
    The land will not be sold until at least 60 days after the date of 
publication of this notice in the Federal Register. Pursuant to the 
R&PP Act, permanent conveyances of land for recreation or historical 
monument purposes are made without charge to State and local 
governments. The special pricing schedule for land which will be 
government-controlled, used for government purposes, and serve the 
public (i.e. transfer stations) is $10 an acre, with a minimum price 
per conveyance of $50. The 60 acres to be used to expand the 
construction and demolition debris disposal area at the existing Ohio 
Gulch transfer station will be offered to Blaine County for $600.
    Any patent issued to Blaine County will contain the following 
terms, conditions and reservations:
    1. The patent is subject to the provisions of the R&PP Act and to 
all applicable regulations of the Secretary of the Interior;
    2. A right-of-way is reserved for ditches and canals constructed by 
the authority of the United States, Act of August 30, 1890 (43 U.S.C. 
945);
    3. The patent is subject to valid existing rights. Subject to 
limitations prescribed by law and regulation, and prior to patent 
issuance, a holder of any right-of-way within the disposal area will be 
given the opportunity to amend the right-of-way for conversion to a new 
term, including perpetuity, if applicable;
    4. The United States will maintain ownership of all minerals, 
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;
    5. The patent is conditioned on the receipt of an appropriate 
indemnification clause protecting the United States from claims arising 
out of the patentee's use, occupancy, or operation of the premises; and
    6. Any other terms and conditions deemed necessary or appropriate 
by the Authorized Officer.
    With respect to the 60 acres to be used for the transfer station 
expansion, the following additional provisions will be required:
    a. The patentee shall comply with all Federal and State laws 
applicable to the disposal, placement, or release of hazardous 
substances.
    b. The patentee shall indemnify and hold harmless the United States 
against any legal liability or future costs that may arise out of any 
violations of such laws.
    c. The land conveyed to the County shall revert to the United 
States unless substantially used in accordance with an approved plan 
and schedule of development on or before the day 5 years after the date 
of conveyance. However, no portion of the property shall revert to the 
United States under any circumstances if such portion has been used for 
solid waste disposal or for any other purpose that the authorized 
officer determines may result in the disposal, placement, or release of 
any hazardous substance.
    d. If, at any time, the patentee transfers to another party 
ownership of any portion of the land not used for the

[[Page 43205]]

purpose specified in the application and the approved plan of 
development, the patentee shall pay the BLM the fair market value, as 
determined by the authorized officer, of the transferred portion as of 
the date of transfer, including the value of any improvements thereon.
    With respect to the 182.72 acres that will be used for public 
recreation purposes, the following additional provisions will be 
required:
    a. Title to the property shall revert to the United States upon a 
finding, after notice and opportunity for a hearing, that, without the 
approval of the authorized officer:
    (1) The patentee or its approved successor is attempting to 
transfer title to or control over the lands to another;
    (2) The lands have been devoted to a use other than that for which 
the lands were conveyed;
    (3) The lands have not been used for the purpose for which they 
were conveyed for a 5-year period; or
    (4) The patentee has failed to follow the approved development plan 
or management plan.
    b. The Secretary of the Interior may take action to revest title in 
the United States if the patentee directly or indirectly permits his 
agents, employees, contractors, or subcontractors (including lessees, 
sublessees, and permittees) to prohibit or restrict the use of any part 
of the patented lands or any of the facilities thereon by any person 
because of such person's race, creed, color, sex or national origin.
    On July 23, 2010, the above-described public land will be 
segregated from all other forms of appropriation under the public land 
laws, including the general mining laws, except for conveyance under 
the R&PP Act, leasing under the mineral leasing laws, and disposals 
under the mineral material disposal laws. The segregative effect will 
terminate upon issuance of a patent or publication in the Federal 
Register of a termination of the segregation.
    Detailed information concerning the proposed conveyance, including 
the planning and environmental documents are available for review at 
the BLM Shoshone Field Office at the location identified in ADDRESSES 
above. Normal business hours are 7:45 a.m. to 4:30 p.m., Monday through 
Friday, except for Federal holidays.
    Public Comments: Interested parties may submit comments involving 
the suitability of the land for (1) Expansion of the existing Ohio 
Gulch transfer station; and (2) Recreation. Comments on the 
classification should be limited 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 whether the use is consistent with State and Federal 
programs.
    Interested parties may also submit comments regarding other 
proposed decisions for the R&PP Act application and plan of 
development, whether the BLM followed proper administrative procedures 
in reaching the decision to convey the described public land under the 
R&PP Act, or any other factor not directly related to the suitability 
of the land for recreation and public purposes.
    Only written comments submitted via the U.S. Postal Service or 
other delivery services or hand-delivered to the BLM Shoshone Field 
Manager (see ADDRESSES above) on or before September 7, 2010 will be 
considered properly filed. Electronic mail, facsimile, or telephone 
comments will not be considered properly filed.
    Comments, including names and street addresses of respondents, will 
be available for public review at the BLM Shoshone Field Office during 
regular business hours, except holidays. 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.
    Any adverse comments will be reviewed by the BLM Idaho State 
Director. In the absence of any adverse comments, the classification of 
the land described in this notice will become effective on September 
21, 2010. The land will not be available for conveyance until after the 
classification becomes effective.

    Authority:  43 CFR 2741.5.

Ruth A. Miller,
Shoshone Field Manager.
[FR Doc. 2010-18047 Filed 7-22-10; 8:45 am]
BILLING CODE 4310-GG-P