[Federal Register Volume 60, Number 61 (Thursday, March 30, 1995)]
[Notices]
[Pages 16500-16501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7828]
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DEPARTMENT OF THE INTERIOR
[UT-050-05-1430-01; U-68990]
Notice of Realty Action
AGENCY: Bureau of Land Management, Richfield District.
ACTION: Notice of realty action; direct sale of public lands in Millard
County, Utah.
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SUMMARY: The following described public lands have been examined, and
through the development of local use planning decisions based upon
public input, resource considerations, regulations and Bureau policies,
have been found suitable for disposal by sale under Section 203 of the
Federal Land Policy and Management Act of 1976 (90 Stat. 2750, 43
U.S.C. 1713), and direct sale procedures (43 CFR 2711.3-3(a)(1). The
sale will be at no less than the appraised fair market value of $3,540.
The lands will not be offered for sale for at least 60 days after the
date of publication of this notice.
Salt Lake Meridian, Utah
Parcel 1
T. 17 S., R. 6 W.,
Sec. 24, N1/2SE1/4 (Contains 80 acres).
Parcel 2
T. 22 S., R. 19 W.,
Sec. 5, Lot 5 ALL (Contains 21.13 acres).
Combined, parcels 1 and 2 contain 101.13 acres.
Publication of this notice segregates the public lands described
above from appropriation under the public land laws and the mining
laws. The segregation will end upon disposition of this action, or 270
days from the date of publication of this notice, whichever occurs
first.
This land is being offered by direct sale to Millard County, Utah,
for two solid waste disposal sites. Parcel 1 describes the Delta site
and parcel 2 describes the Garrison site.
It has been determined that the subject parcel 1 is prospectively
valuable for oil and gas and geothermal resources; and parcel 2 is
prospectively valuable for oil and gas; therefore, the mineral estate
of parcel 1, excluding oil and gas and geothermal resources; and the
mineral estate of parcel 2, excluding oil and gas, will be conveyed
simultaneously with the surface estate in accordance with Section 209
of FLPMA. Millard County filed an application along with the required
$50.00 nonrefundable fee for the conveyance of the mineral interest
specified above. The respective oil and gas and geothermal resource
minerals will be reserved to the United States.
Parcel 1 is subject to the existing grazing use of Blaine
Christensen, Dwain J. Finlinson, Reese E. Finlinson, Rich Finlinson,
Joseph T. Finlinson, Clark B. Cox, Burton Lovell & Son, Sinks Land
Company, Monte C. Nielson, Spence Butler, Oak City Ward, and Vance
Finlinson, holders of grazing preference on the Oak City Allotment. The
80 acres proposed for sale produce 4 AUMs or less of the 1,207 AUMs
presently produced on the allotment.
Therefore, approximately 4 AUMs of the 1,207 AUM grazing preference
would be removed from grazing as a result of this sale.
Parcel 2 is subject to the existing grazing use of Wm. Earl and
Sidney Hayward, and Mt. Moriah Ranches Inc c/o David Eldridge, holders
of grazing preference on the Clay Springs Allotment. The 21.13 acres
proposed for sale produce 2 AUMs or less of the 2,635 AUMs presently
produced on the allotment. Therefore, approximately 2 AUMs of the 2,635
AUM grazing preference would be removed from grazing as a result of
this sale. A certified letter was sent to each permittee which served
as the 2-year notification of the reduction of their respective grazing
privilege, pursuant to 43 CFR 2711.1-3. All grazing privileges on
parcel 1 and parcel 2 will expire on May 4, 1995. The patent will not
be issued on or before this date.
The patent, when issued, will contain the following reservations to
the United States:
1. Parcel 1 and 2, a right-of-way reservation to the United States
for ditches and canals constructed under the authority of the Act of
August 30, 1890 (26 stat. 391; 43 U.S.C. 945 (1970)).
2. Parcel 1, the oil and gas and geothermal resources mineral
estate would be reserved to the United States with the right to
prospect for, mine, and remove the same under applicable law and such
regulations as the Secretary of the Interior may prescribe, in
accordance with public law 94-579, Section 209 of FLPMA (43 U.S.C.
1719).
3. Parcel 2, the oil and gas mineral estate would be reserved to
the United States with the right to prospect for, mine, and remove the
same under applicable law and such regulations as the Secretary of the
Interior may prescribe, in accordance with public law 94-579, Section
209 of FLPMA (43 U.S.C. 1719). And will be subject to all valid
existing rights and privileges of record and title restrictions
including, but not limited to:
4. The issuance of these patents would be subject to the following
indemnification statement signed by the Millard County Commission:
``Millard County, 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 in the release of hazardous substances from T. 17
S., R. 6 W., Sec. 24, N\1/2\SE\1/4\, or from T. 22 S., R. 19 W., Sec.
5, Lot 5 ALL, Salt Lake Meridian, Utah, 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.''
Failure of Millard County to submit the full purchase price within
the time allowed will result in cancellation of the sale and forfeiture
of any deposits. The public lands would be withdrawn from sale and
Millard County would be required to bring the existing 80 acre and
21.13 acre landfill sites into compliance with Environmental Protection
Agency (EPA) landfill regulations. Otherwise, R&PP lease UTU-51862 may
be terminated. If the lease is terminated the existing landfill site
would be closed and Millard County would then be required to remove all
facilities and rehabilitate the disturbed public lands in accordance
with EPA and BLM rules and regulations. The R&PP classification would
terminate. The public lands would then continue under the jurisdiction
and management of the Bureau of Land Management and become subject to
the public land laws and general mining laws. Detailed
[[Page 16501]] information concerning these reservations as well as
specific conditions of the sale are available for review at the House
Range and Warm Springs Resource Areas, Bureau of Land Management, 35
East 500 North, Fillmore, Utah 84631.
For a period of 45 days from the date of publication of this notice
in the Federal Register, interested parties may submit comments to the
Area Manager, House Range and Warm Springs Resource Areas, at the above
address. In the absence of timely objections, this proposal shall
become the final determination of the Department of the Interior.
Dated: March 20, 1995.
Samuel R. Rowley,
Associate District Manager.
[FR Doc. 95-7828 Filed 3-29-95; 8:45 am]
BILLING CODE 4310-DQ-P
