[Federal Register Volume 59, Number 98 (Monday, May 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12545]
[[Page Unknown]]
[Federal Register: May 23, 1994]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CO-017-94-4210-05; COC-55577]
Realty Action; Recreation and Public Purposes (R&PP) Act
Classification; Colorado
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
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SUMMARY: The following public lands in Rio Blanco County, Colorado,
have been examined and found suitable for classification for conveyance
to Rio Blanco County under the provisions of the Recreation and Public
Purposes Act (43 U.S.C. 869 et seq.), as amended by the Recreation and
Public Purposes Amendment Act of 1988. Rio Blanco County proposes to
use the lands for a solid waste landfill.
Sixth Principal Meridian, Colorado
T. 2N., T. 97 W.,
Sec. 25, NW\1/4\, N\1/2\NE\1/4\SW\1/4\, NE\1/4\NW\1/4\SW\1/4\;
Sec. 26, E\1/2\E\1/2\NE\1/4\.
Containing 230 acres.
All minerals, excluding the oil and gas, will be conveyed
concurrently with the surface estate, pursuant to section 209(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1719(b)).
The lands are not needed for federal purposes. Conveyance is
consistent with current BLM land use planning, and would be in the
public interest. The patent, when issued, will be subject to the
following terms, conditions, and/or reservations:
1. Provisions of the Recreation and Public Purposes Act, the
Recreation and Public Purposes Amendment Act, and all applicable
regulations of the Secretary of the Interior.
2. A right-of-way reservation for ditches and canals constructed by
authority of the United States under the Act of August 30, 1890 (43
U.S.C. 945).
3. Rio Blanco 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 the release of hazardous substances from the
above described lands, regardless of whether such claims shall be
attributable to: (1) The concurrent, contributory, or partial fault,
failure, or negligence of the United States, (2) the sole fault,
failure, or negligence of the United States.
4. Compliance with all Federal and State laws applicable to the
disposal, placement, or release of hazardous substances.
5. 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.
6. If, at any time, the patentee transfers to another party
ownership of any portion of the land not used for the purpose(s)
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.
7. Oil and gas shall be reserved to the United States, together
with the right to prospect for and remove the same.
8. A reservation of title to all archaeological and paleontological
resources within the above described property, together with such right
of ingress and egress, and temporary occupancy as is necessary to
identify, inventory, monitor, preserve, protect, mitigate, and remove
any of said resources within or from the described property. No
construction or other intentional surface disturbance, except emergency
response, may take place on lands where identified archaeologic or
paleologic sites have been identified without prior written
authorization from the United States. The United States may release any
or all of the described property from this reservation at any time that
it determines, in consultation with the State Historic Preservation
Officer, that the property being released is no longer eligible for
listing on the National Register of Historic Places or does not contain
significant archaeological or paleological resources.
Detailed information concerning this action is available for review
at the office of the Bureau of Land Management, White River Resource
Area, 73544 Highway 64, Meeker, Colorado.
Upon Publication of this notice in the Federal Register, the lands
will be segregated from all forms of appropriation under the public
land laws, including the general mining laws, except for conveyance
under the Recreation and Public Purposes Act, conveyance under section
209(b) of the Federal Land Policy and Management Act, and leasing under
the mineral leasing laws.
For a period of 45 days from the date of publication in the Federal
Register, interested persons may submit comments regarding the proposed
conveyance or classification of the lands to the District Manager,
Craig District Office, 455 Emerson Street, Craig Colorado 81625.
Classification Comments: Interested parties may submit comments
involving the suitability of the land for solid waste landfill
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.
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 a solid waste landfill.
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.
FOR FURTHER INFORMATION CONTACT: Vern Rholl, Supervisory Realty
Specialist, or B. Curtis Smith, Area Manager, White River Resource
Area, P.O. Box 928, Meeker, Colorado 81641, (303) 878-3601.
Dated: May 11, 1994.
Robert Schneider,
Associate District Manager.
[FR Doc. 94-12545 Filed 5-20-94; 8:45 am]
BILLING CODE 4310-JB-M
