[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Notices]
[Pages 67368-67370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23412]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[20X LLUTW01000 L14400000.EU0000 241A; UTU-81923]


Notice of Realty Action: Recreation and Public Purposes Act 
Classification and Conveyance of Public Land to the Town of Cedar Fort, 
Utah County, Utah; Termination of Prior Classification and Opening 
Order of Public Land, Utah County, Utah

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: In accordance with Section 7 of the Taylor Grazing Act and 
Executive Order 6910, the Bureau of Land Management (BLM) has examined 
certain public lands in Utah County, Utah, totaling 7.5 acres, and 
found them suitable for conveyance to the Town of Cedar Fort under the 
Recreation and Public Purposes (R&PP) Act, as amended. The BLM is also 
terminating the prior R&PP classification and segregation on the 
adjacent 92.5 acres of public lands.

DATES: Interested parties may submit written comments regarding this 
action on or before December 7, 2020.

ADDRESSES: Send written comments to Allison Ginn, Acting Field Manager, 
BLM Salt Lake Field Office, 2370 S Decker Lake Blvd., West Valley City, 
Utah 84119. The BLM will also consider comments received via email at 
[email protected]. Detailed information including a proposed 
plan of development, maps, and the project casefile are available for 
review upon request by contacting the BLM Salt Lake Field Office at 
(801) 977-4300 during business hours, 8 a.m. to 4:30 p.m. Mountain 
Daylight Time, Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Shawn Storbo, Realty Specialist, at 
(801) 977-4368 or [email protected]. Persons who use a telecommunications 
device for the deaf (TDD) may call the Federal Relay Service (FRS) at 
1-800-877-8339 to leave a message or question for the above individual. 
The FRS is available 24 hours a day, 7 days a week. Replies are 
provided during normal business hours.

SUPPLEMENTARY INFORMATION: In 1984, the BLM classified for disposal by 
lease and/or sale 100 acres of public land under the R&PP Act and 
concurrently withdrew the lands from all forms of appropriation, 
including the mining laws, but not the mineral leasing laws. An R&PP 
lease for these acres was issued to the Town of Cedar Fort in 1984. The 
Town of Cedar Fort has subsequently developed community and 
recreational resources on the parcel under the R&PP lease and a right-
of-way grant. This lease was most recently renewed under a new serial 
number and plan of development in June 2007.

Classification and Conveyance

    The Town of Cedar Fort has filed an application for conveyance of a 
portion of the public lands that were originally classified for 
disposal by lease and/or sale under the R&PP Act in 1984. In accordance 
with the R&PP Act, the BLM will convey to Cedar Fort only the acres 
necessary and developed per their approved plan of development. Cedar 
Fort will continue its use and operation of the lands for the Cedar 
Fort Community and Recreation Center with its associated facilities and 
for other recreation and public purposes. Per this application, the BLM 
examined and classified as suitable for conveyance

[[Page 67369]]

under the R&PP Act the following legally described lands:

Salt Lake Meridian, Utah

T. 6 S., R. 2 W.,
    Sec. 7, NE\1/4\NW\1/4\NE\1/4\NE\1/4\, NW\1/4\NW\1/4\NE\1/4\NE\1/
4\, NE\1/4\NE\1/4\NW\1/4\NE\1/4\.

    The area described contains 7.5 acres.

    The Town of Cedar Fort has not applied for more than the 6,400-acre 
limitation for recreation uses in a year (or 640 acres for nonprofit 
corporations and associations), nor more than 640 acres for each of the 
programs involving public resources other than recreation. The Town of 
Cedar Fort submitted a statement in compliance with Federal regulations 
at 43 CFR 2741.4(b).
    The conveyance is consistent with the Pony Express Resource 
Management Plan, as amended. In conformance with the National 
Environmental Policy Act, the BLM prepared a parcel-specific 
Environmental Assessment (DOI-BLM-UT-020-2007-030) for this lease and 
conveyance. The BLM approved a Finding of No Significant Impact and 
Decision Record to implement the classification and conveyance of these 
lands. 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), the above-described 
parcel was examined and no evidence was found to indicate that any 
hazardous substances were stored for one year or more, nor had any 
hazardous substances been disposed of or released on the subject 
property.
    Parties of interest will receive a copy of this Notice. The BLM 
will submit for publication a copy of this Notice in a newspaper with 
local circulation once a week for three consecutive weeks. No public 
meeting is required for this classification and conveyance, as the 
conveyance is for less than 640 acres (43 CFR 2741.5(d)(2)).
    Publication of this Notice in the Federal Register segregates the 
7.5 acres from appropriation under any other public land law, including 
locations under the mining laws, except for lease or conveyance under 
the R&PP Act and leasing under the mineral leasing laws. The 
segregation effect shall terminate upon issuance of the patent, upon 
final rejection of the application, or 18 months from the date of this 
notice, whichever occurs first.
    The conveyance of the land, when issued, will be subject to the 
following terms, conditions, and reservations:
    1. A right-of-way thereon for ditches and canals constructed by the 
authority of the United States Act of August 30, 1890 (26 Stat. 391; 43 
U.S.C. 945).
    2. Provisions of the R&PP Act and to all applicable regulations of 
the Secretary of the Interior.
    3. All mineral deposits in the land so patented, and the right to 
prospect for, mine, and remove such deposits from the same under 
applicable law and regulations as established by the Secretary of the 
Interior are reserved to the United States, together with all necessary 
access and exit rights.
    4. Conveyance of the parcel is subject to valid existing rights.
    5. An appropriate indemnification clause protecting the United 
States from claims arising out of the lessee's/patentee's use, 
occupancy, or occupations on the leased/patented lands.
    6. The land conveyed shall revert to the United States upon a 
finding, after notice and opportunity for a hearing, that, without the 
approval of the Secretary of the Interior or his delegate, the patentee 
or its successor attempts to transfer title to or control over the 
lands to another, the lands have been devoted to a use other than that 
for which the lands were conveyed, the lands have not been used for the 
purpose for which the lands were conveyed for a five-year period, or 
the patentee has failed to follow the approved development plan or 
management plan.
    7. Any other reservations that the authorized officer determines 
appropriate to ensure public access and proper management of Federal 
lands and interests therein.

Termination of Prior Classification and Opening Order

    Of the 100 acres of public land classified under the R&PP Act in 
1984 and concurrently withdrawn from all forms of appropriation, 
including under the mining laws, but not the mineral leasing laws, 92.5 
acres are not included in the present classification and conveyance. 
The prior classification of these 92.5 acres and the segregative effect 
is hereby terminated. The lands will be opened to operation of the 
public land laws generally, including the United States mining laws, 
subject to valid existing rights and the requirements of applicable 
law. This opening order takes effect at 8 a.m. on October 22, 2020. 
These lands are legally described as follows:

Salt Lake Meridian, Utah

T. 6 S., R. 2 W.,
    Sec. 7, NE\1/4\NE\1/4\NE\1/4\, S\1/2\NW\1/4\NE\1/4\NE\1/4\, N\1/
2\SW\1/4\NE\1/4\NE\1/4\, N\1/2\SE\1/4\NE\1/4\NE\1/4\, NW\1/4\NE\1/
4\NW\1/4\NE\1/4\, S\1/2\NE\1/4\NW\1/4\NE\1/4\, NW\1/4\NW\1/4\NE\1/
4\, N\1/2\SW\1/4\NW\1/4\NE\1/4\, N\1/2\SE\1/4\NW\1/4\NE\1/4\, NE\1/
4\NW\1/4\.

    The area described contains 92.5 acres.

    Appropriation under the general mining laws prior to the date and 
time of restoration is unauthorized. Any such attempted appropriation, 
including attempted adverse possession under 30 U.S.C. 38, shall vest 
no rights against the United States. Acts required to establish a 
location and to initiate a right of possession are governed by State 
law where not in conflict with Federal law. The BLM will not intervene 
in disputes between rival locators over possessory rights since 
Congress has provided for such determination in local courts.

Comments

    Interested persons may submit comments involving the suitability of 
the land for the continued use and operation of the Cedar Fort 
Community and Recreation Center with its associated facilities and for 
other recreation and public purposes. 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 persons may submit comments regarding the specific use 
proposed in the application and plan of development and management, 
whether the BLM followed proper administrative procedures in reaching 
the decision, or any other factor not directly related to the 
suitability of the lands for the continued use and operation of the 
Cedar Fort Community and Recreation Center with its associated 
facilities and for other recreation and public purposes.
    The BLM State Director or other authorized official of the 
Department of the Interior who may sustain, vacate, or modify this 
realty action will review any adverse comments. In the absence of any 
adverse comments, the classification of 7.5 acres under the R&PP Act 
for conveyance will become effective on December 21, 2020. The lands 
will not be available for conveyance until after the classification 
becomes effective.
    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your

[[Page 67370]]

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.

    Authority: 43 CFR 2741.5; 43 CFR 2461.5(c)(2); 43 CFR 2091.2-
2(a)(2).

Gregory Sheehan,
State Director.
[FR Doc. 2020-23412 Filed 10-21-20; 8:45 am]
BILLING CODE 4310-DQ-P