[Federal Register Volume 64, Number 34 (Monday, February 22, 1999)]
[Notices]
[Pages 8627-8628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4208]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[ID-030-1430-01; IDI-30867]
Notice of Action--Amendment of the Pocatello Resource Management
Plan (RMP)/Notice of Realty Action (NORA), Recreation and Public
Purpose (R&PP) Act Classification; Bingham County, ID
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Action/Notice of Realty Action.
-----------------------------------------------------------------------
NOTICE: Notice is hereby given that the BLM has amended the Pocatello
RMP to allow for the disposal of certain public lands in Bingham
County, Idaho.
SUMMARY: The following public lands in Bingham County, Idaho have been
examined and found suitable for classification for conveyance to
Bingham County under the provisions of the Recreation and Public
Purpose Amendment Act of 1988. Bingham County proposes to use the land,
which is legally described below, in conjunction with other lands
controlled by them, for a landfill.
T. 2 S., R. 38 E., Boise Meridian
Section 5: S\1/2\NE\1/4\NE\1/4\SE\1/4\, E\1/2\SW\1/4\NE\1/
4\SE\1/4\, SE\1/4\NE\1/4\SE\1/4\
The area described contains 20 acres, more or less, in Bingham
County.
The parcel is proposed to be used predominantly as a buffer area to
the proposed Rattlesnake Canyon Landfill.
The above described lands are not needed for Federal purposes. The
conveyance of these lands is consistent with the Pocatello RMP, as
amended on February 4, 1999, and would be in the public interest.
The patent, when issued, will be subject to the following terms,
conditions and reservations:
1. Provisions of the Recreation and Public Purposes Amendment Act
and to all applicable regulations of the Secretary of the Interior.
2. Those rights for powerline purposes granted to Idaho Power Co.
by right-of-way IDI-4250.
[[Page 8628]]
3. A right-of-way for ditches and canals constructed by the
authority of the United States.
4. All minerals shall be reserved to the United States, together
with the right to prospect for, mine and remove the minerals.
5. The patentee shall comply with all Federal and State laws
applicable to the disposal, placement or release of hazardous
substances.
6. The patentee, its successors or assigns, assumes all liability
for and shall defend, indemnify and save 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 (T. 2
S., R. 38 E.,B.M., Sec. 5, S\1/2\NE\1/4\NE\1/4\SE\1/4\, E\1/2\SW\1/
4\NE\1/4\SE\1/4\, SE\1/4\NE\1/4\SE\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.
7. Provided, that the title shall revert to the United States upon
a finding, after notice and opportunity for a hearing, that the
patentee has not substantially developed the lands in accordance with
the approved plan of development on or before the date five years after
the date of conveyance. No portion of the land shall, under any
circumstance, revert to the United States if any such portion has been
used for solid waste disposal or for any other purpose which may result
in the disposal, placement or release of any hazardous substance.
8. If, at any time, the patentee transfers to another party
ownership of any portion of the land not used for the purpose specified
in the application and approved plan of development, the patentee shall
pay the Bureau of Land Management 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.
9. The above-described land has been conveyed for use as a solid
waste disposal site. Records describing location of cells and other
information about the solid waste disposal site are available from the
patentee. Solid waste commonly includes small quantities of commercial
and household hazardous waste as determined in the Resource
Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901), and
defined in 40 CFR 261.4 and 261.5. Although there is no indication
these materials pose any significant risk to human health or the
environment, future land uses should be limited to those which do not
penetrate the liner or final cover of the landfill unless excavation is
conducted subject to applicable State and Federal requirements.
Detailed information concerning this action is available for review
at the offices of the Bureau of Land Management, Pocatello Resource
Area, 1111 N. 8th Avenue, Pocatello, Idaho or Snake River Resource
Area, Burley Field Office, 15 E. 200 S., Burley, Idaho.
Upon publication of this notice in the Federal Register, the lands
will be segregated from all other forms of appropriation under the
public land laws, including the general mining laws, except for
conveyance under the Recreation and Public Purpose Act and leasing
under the mineral leasing laws. For a period of 45 days from the date
of publication of this notice in the Federal Register, interested
persons may submit comments regarding the proposed classification or
conveyance of the lands to the Area Manager, Pocatello Resource Area
Office, 1111 N. 8th Avenue, Pocatello, Idaho 83201-5789.
Planning protest: Any party that participated in the plan amendment
and is adversely affected by the amendment may protest this action only
as it affects issues submitted for the record during the planning
process. The protest shall be in writing and filed with the Director,
Bureau of Land Management, Attention: Ms. Brenda Williams, Protests
Coordinator, WO-210/LS-1075, Department of the Interior, Washington
D.C. 20240. The Overnight Mail address is: Director, Bureau of Land
Management, Attention: Ms. Brenda Williams, Protests Coordinator (WO-
210), 1620 L Street, N.W., Rm. 1075, Washington, D.C. 20036 [Phone:
202-452-5110]. To expedite consideration, in addition to the original
sent by mail or overnight mail, a copy of the protest may be sent by:
FAX to 202-452-5112 or E-mail to bhudgens@wo.blm.gov.
Classification comments: Interested parties may submit comments
involving the suitability of the land for landfill purposes in Bingham
County's proposed Rattlesnake Canyon Landfill. 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 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 directly related to
the suitability of the land for landfill purposes.
Any adverse comments will be reviewed by the State Director. In the
absence of any adverse comments, the classification will become
effective 60 days from the date of publication of this notice in the
Federal Register.
Dated: February 10, 1999.
Scott D. Barker,
Realty Specialist.
[FR Doc. 99-4208 Filed 2-19-99; 8:45 am]
BILLING CODE 4310-GG-P
