[Federal Register Volume 76, Number 165 (Thursday, August 25, 2011)]
[Notices]
[Pages 53152-53153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21759]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCON03000-L14300000-FR0000; COC-73780]


Notice of Realty Action; Recreation and Public Purposes Act 
Classification and Conveyance of Public Land in Mesa County, CO

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) Grand Junction Field 
Office examined approximately 80 acres of public land in Mesa County, 
Colorado and found the land suitable for classification for sale under 
the provisions of the Recreation and Public Purposes Act (R&PP). 
Colorado Mesa University (formerly Mesa State College) proposes to use 
the land for construction and operation of a Peace Officer Standards 
and Training (POST) Academy and Mesa County Regional Public Safety 
Training Facility (RPSTF).

DATES: Interested parties may submit written comments regarding the 
proposed sale or classification on or before October 11, 2011. Any 
adverse comments will be reviewed by the BLM Colorado State Director, 
who may sustain, vacate or modify this realty action and issue a final 
determination. In the absence of any adverse comments, this realty 
action will become final on October 24, 2011. The land will not be 
offered for sale until the classification becomes effective.

ADDRESSES: Comments should be sent to the BLM, Grand Junction Field 
Office, 2815 H Road, Grand Junction, Colorado 81506, ATTN: Robin Lacy. 
Information concerning the proposed land sale, including reservations, 
planning documents and mineral report is available for review at the 
Grand Junction Field Office. Normal business hours are 7:45 am to 4:30 
pm, Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Robin Lacy, Realty Specialist, at 
(970) 244-3028, at the above address or by e-mail at: [email protected]. 
Persons who use a telecommunications device for the deaf (TDD) may call 
the Federal Information Relay Service (FIRS) at 1-800-877-8339 to 
contact the above individual during normal business hours. The FIRS is 
available 24 hours a day, 7 days a week, to leave a message or question 
with the above individual. You will receive a reply during normal 
business hours.

SUPPLEMENTARY INFORMATION: The BLM examined and found the following 
public lands in Mesa County, Colorado, suitable for classification for 
sale to Colorado Mesa University (formerly Mesa State College) under 
the provisions of the R&PP Act, as amended (43 U.S.C. 869 et seq.), the 
Taylor Grazing Act (43 U.S.C. 315(f)) (classification) and Executive 
Order No. 6910:

Ute Principal Meridian, Colorado,

T. 2 S., R. 1 E.
    Section 2: lots 5 and 8, N\1/2\NW\1/4\SE\1/4\NE\1/4\, N\1/
2\NE\1/4\SW\1/4\NE\1/4\.

    The area described contains 78.7 acres in Mesa County.

    The land is withdrawn for U.S. Department of the Interior, Bureau 
of Reclamation (BOR) purposes; however, under the provisions of 43 CFR 
2741.5(g), lands under the jurisdiction of another agency can be 
conveyed for R&PP purposes with that agency's approval. The BOR issued 
a memorandum dated April 21, 2009, stating that it has no objection to 
the proposed R&PP conveyance because the subject lands are no longer 
necessary for reclamation purposes. The sale is consistent with the BLM 
Grand Junction Record of Decision and Approved Resource Management Plan 
dated January 1987, as amended, and would be in the public interest.
    In accordance with the R&PP Act, Colorado Mesa University (Formerly 
Mesa State College) filed an R&PP application to develop the above 
described land as a POST Academy and RPSTF to include the following 
facilities: target shooting range, driving training track, off-road 
vehicle training course, obstacle course and classrooms. The patent, if 
issued, will be subject to the following reservations, terms and 
conditions:
    1. A reservation of a right-of-way thereon for ditches or canals 
constructed by the authority of the United States, pursuant to the Act 
of August 30, 1890 (43 U.S.C. 945).
    2. Provisions of the R&PP Act and all applicable regulations.
    3. All minerals shall be reserved to the United States, together 
with the right to prospect for, mine and remove the minerals under 
applicable laws, along with all necessary access and exit rights.
    4. Any valid rights-of-way that may exist at the time of sale.
    5. The patent would contain the following indemnification 
statement:

    Colorado Mesa University, its successors or assigns, shall 
defend, indemnify, and hold harmless the United States and its 
officers, agents, representatives, and employees (hereinafter 
referred to in this clause as the United States), from all claims, 
loss, damage, actions, causes of action, expense, and liability 
(hereinafter referred to in this clause as claims) resulting from, 
brought for, or on account of, any personal injury, threat of 
personal injury, or property damage received or sustained by any 
person or persons (including the patentee's employees) or property 
growing out of, occurring or attributable directly or indirectly to, 
the disposal of solid waste on, or the release of hazardous 
substances from Ute Principal Meridian, Colorado, T. 2 S., R. 1 E., 
Section 2: Lots 5 and 8, N\1/2\NW\1/4\SE\1/4\NE\1/4\, N\1/2\NE\1/
4\SW\1/4\NE\1/4\, regardless of whether such claims shall be 
attributable to: (1) The concurrent, contributory, or partial fault, 
failure, or negligence of the United States, or (2) the sole fault, 
failure, or negligence of the United States. In the event of 
payment, loss, or expense under this agreement, the patentee shall 
be subrogated to the extent of the amount of such payment to all 
rights, powers, privileges, and remedies of the United States 
against any person regarding such payment, loss, or expense.

    6. A patent would specify that no portion of the land conveyed 
shall under any circumstances revert to the United States if such 
portion has been used for solid waste disposal or for any other purpose 
that the Secretary finds may result in the disposal, placement or 
release of any hazardous substance.
    7. The patentee would be required to comply with all Federal and 
state laws applicable to the disposal, placement or release of 
hazardous substances (hazardous substance as defined in 40 CFR part 
302).
    8. A patent would contain the following indemnification statement 
under the Comprehensive Environmental Response Compensation and 
Liability Act:

    Pursuant to the requirements established by Section 120(h) of 
the Comprehensive

[[Page 53153]]

Environmental Response Compensation and Liability Act (42 U.S.C. 
9620), as amended by the Superfund Amendments And Reauthorization 
Act of 1988, (100 Stat. 1670), notice is hereby given that the above 
described parcel has been examined and no evidence was found to 
indicate that any hazardous substances have been stored for one year 
or more, nor had any hazardous substances been disposed of or 
released on the subject property.

    A limited reversionary provision would state that the title shall 
revert to the United States upon a finding that the patentee has not 
substantially developed the land in accordance with the approved plan 
of development within 5 years from the date of sale finding (after 
notice and opportunity for a hearing). No portion of the land conveyed 
will, under any circumstances, revert to the United States if such 
portion has been used for solid waste disposal or any other purpose 
that may result in the disposal, placement or release of any hazardous 
substance.
    Upon publication of this notice in the Federal Register, the lands 
described above 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. The segregative effect 
shall terminate upon issuance of a patent, upon final rejection of the 
application, or 18 months from the date of this notice, whichever 
occurs first.
    Classification Comments: Interested parties may submit comments 
involving the suitability of the land for use as a POST Academy and 
PRSTF. Comments on the classification are restricted to whether the 
land is physically suitable for the proposed use, 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 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 related to the 
suitability of the land for the proposed 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 by postal service or overnight mail 
to the BLM Grand Junction Field Office will be considered properly 
filed. E-mail, fax, or telephone comments will not be considered 
properly filed. Documents related to this action are on file in the BLM 
Grand Junction Field Office at the address above and may be reviewed by 
the public at their request.

    Authority:  43 CFR 2741.5.

Anna Marie Burden,
Acting State Director.
[FR Doc. 2011-21759 Filed 8-24-11; 8:45 am]
BILLING CODE 4310-JB-P