[Federal Register Volume 60, Number 61 (Thursday, March 30, 1995)]
[Notices]
[Page 16501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7829]
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DEPARTMENT OF THE INTERIOR
[UT-050-05-1430-01; U-68991]
Realty Action
AGENCY: Bureau of Land Management, Richfield District.
ACTION: Notice of realty action; direct sale of public lands in Juab
County, Utah.
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SUMMARY: The following described public lands have been found suitable
for sale under Section 203 of the Federal Land Policy and Management
Act (FLPMA) of 1976 (90 Stat. 2750, 43 U.S.C. 1713), at no less than
the appraised fair market value $27,000. 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
T. 13 S., R. 1 W.
Sec. 15, W\1/2\NE\1/4\NW\1/4\, NW\1/4\NW\1/4\, S\1/2\NW1/4, SW1/
4.
Contains 300 acres in Juab County.
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 Nephi City Corporation
of Nephi, Utah, for a regional sanitary landfill. It has been
determined that the subject parcel is prospectively valuable for oil
and gas; therefore, the mineral estate, excluding oil and gas, will be
conveyed simultaneously with the surface estate in accordance with
Section 209 of FLPMA. Nephi City Corporation filed an application along
with the required $50.00 nonrefundable fee for the conveyance of the
mineral interest specified above. The oil and gas minerals in the lands
shall be reserved to the United States. The described 300 acres are
subject to the existing grazing use of Phillip E. Allred, holder of the
grazing preference on the Stone Quarry Allotment. A certified letter
was sent to the permittee which served as the 2-year notification of a
reduction of his grazing privilege, pursuant to 43 CFR 2711.1-3. This
grazing privilege will expire on May 4, 1995. The patent will not be
issued on or before this date and will result in the loss of 17 of the
225 AUMs presently produced on this allotment. This will constitute an
8% downward adjustment in the grazing preference. The patent, when
issued, will contain the following reservations to the United States:
1. A right-of-way thereon for ditches or canals constructed by the
authority of the United States. Act of August 30, 1890, (26 Stat. 391;
43 U.S.C. 945 (1970)).
2. All oil and gas resources 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 the
Federal Land Policy and Management Act of 1976 (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:
1. The subject lands are located within the Hall Creek drainage and
the Spring Canyon drainage and both involve base floodplains. Nephi
City Corporation must demonstrate their ability to maintain, restore
and protect the floodplains on a continuous basis in accordance with
Section 3(d) Executive Order 11988 of May 24, 1977 (42 F.R. 26951)
(Floodplain Management) and BLM Manual 7221.06D1. The conveyance
document will (1) reference those uses that are restricted under
Federal, State or local floodplain regulations; and (2) shall include
other appropriate restrictions to the uses of properties by Nephi City
Corporation and any successors.
2. The follwing indemnification statement signed by the Nephi City
Mayor:
``The City of Nephi, 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. 13
S., R. 1 W., Sec. 15, W\1/2\NE\1/4\NW\1/4\, NW\1/4\NW\1/4\, S\1/2\NW\1/
4\, SW\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.''
Failure of Nephi City Corporation 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 the City of Nephi would be required to bring the existing 20
acre landfill site into compliance with Environmental Protection Agency
(EPA) landfill regulations. Otherwise, R&PP lease UTU-51861 may be
terminated. If the lease is terminated the existing landfill site would
be closed and the City of Nephi would then be required to remove all
facilities and rehabilitate the disturbed public land 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 information concerning these reservations as well as
specific terms and 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. 95-7829 Filed 3-29-95; 8:45 am]
BILLING CODE 4310-DQ-P
