[Federal Register Volume 60, Number 129 (Thursday, July 6, 1995)]
[Notices]
[Pages 35216-35217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16519]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CA-931-5440-00-ZBAF; CACA 30814]
Ward Valley-Notice of Proposed Classification; California
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
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SUMMARY: The Bureau of Land Management proposes to classify
approximately 1,000 acres of land suitable for continued retention by
BLM rather than State Indemnity Selection by the California State Lands
Commission.
DATES: Comments and protests must be in written form, must be mailed or
sent by August 7, 1995, and must be received by August 14, 1995.
ADDRESSES: Written comments should be sent to the California State
Director, BLM (CA-931), 2800 Cottage Way, Room E-2845, Sacramento,
California 95825.
FOR FURTHER INFORMATION CONTACT: BLM Public Information, California
State Office, 916-979-2800.
SUPPLEMENTARY INFORMATION: The following proposed classification
decision is being issued in accordance with the provisions of 43 U.S.C.
315 (f) and 43 CFR 2450. All persons who wish to protest or comment may
present their views in writing to the address above by the dates listed
above. No particular format is required, but protests should be clearly
labeled protests. Upon receipt and review of the timely protests and
comments, the final decision will be made by the Secretary.
Lands Suitable for Retention
The Bureau of Land Management (BLM) has examined the following
described lands owned by the United States to determine if, pursuant to
a petition submitted by the State Lands Commission (SLC), they should
be classified initially for selection by the State of California under
the State Indemnity Acts, 43 U.S.C. 851-52, or, in the alternative, for
continued retention under multiple use management by the BLM:
San Bernardino Meridian
T. 9 N., R. 19 E.
Sec. 26, SW\1/4\SW\1/4\
Sec. 27, S\1/2\S\1/2\
Sec. 34
Sec. 35, W\1/2\W\1/2\
Consisting of 1,000 acres, more or less, situated in San
Bernardino County, California.
The above-described lands lie in the Ward Valley, an area within
the low desert portion of California's Mojave Desert, located
approximately 24 miles west of the City of Needles, in San Bernardino
County, California. The Department of Health Services (DHS) of the
State of California has determined on the basis of site selection
criteria developed by the DHS, pursuant to the California Radiation
Control Law, California Health and Safety Code Sec. 25811.5(c), that
the above described lands (hereinafter the ``Ward Valley lands'')
constitute the most suitable site on state or federally-owned public
lands in the State of California for the location of a low level
radioactive waste disposal facility. In 1993, the DHS issued a
radioactive materials license for the operation of such a facility on
the Ward Valley lands. At the same time, the DHS, acting on behalf of
the State, entered into a lease agreement to lease the Ward Valley
lands to the licensee. This lease agreement provides that it shall
become effective if and when the State acquires title to the lands.
The Ward Valley lands may not be selected by the State of
California pursuant to 43 U.S.C. 851-52 without first being
appropriately classified and opened by the BLM for such selection. In
addition to the effort of the SLC to acquire the Ward Valley lands
through the state indemnity selection process, the DHS, acting on
behalf of the State of California, has applied to the BLM for a direct
sale of the lands to the State. The lands would be sold under the
authority of sections 203, 208 and 209 of the Federal Land Policy and
Management Act (FLPMA), 43 U.S.C. 1713, 1718-1719. Thus, pending before
the BLM at the present time are the initiatives of two separate
agencies of the State, each seeking by different means to vest title to
the Ward Valley lands in the State of California.
In relation to the Ward Valley lands, the DHS and the BLM jointly
issued a final environmental impact report/statement (EIR/EIS) entitled
``State of California Indemnity Selection & Low-Level Radioactive Waste
Facility.'' The preferred alternative in the EIR/EIS identified the
Ward Valley lands as the site for a low level waste facility. A Final
Supplemental Environmental Impact Statement (FSEIS) designating a
direct sale as the proposed action, rather than an indemnity selection
conveyance, also was issued after the BLM received the DHS application.
The present use of the Ward Valley lands is discussed at pages 3.1-98
through 3.1-104 of the EIR/EIS. The affected environment is described
at pages 3.1-1 through 3.1-139 of the EIR/EIS. The EIR/EIS discusses,
among other matters, the relevant biological, cultural and
paleontological resources; geology and seismicity; hydrology; climate
and air quality; and visual features. The EIR/EIS, together with other
studies and correspondence from interested parties, served as the
information and technical data base for this classification decision.
The Ward Valley lands are included in the California Desert
Conservation Area Plan of 1980, as amended. The Ward Valley lands are
designated in the plan as Multiple Use Class M (moderate use) lands.
Class M lands suitable for hazardous waste disposal may be transferred
for this use at the discretion of the Secretary of the Interior. The
Ward Valley lands are not within a grazing district and are withdrawn
from the mining and agricultural entry laws. The General Plan of San
Bernardino County designates the Ward Valley lands as being suitable
for limited rural development. The SLC has not indicated what it
intends to do with the Ward Valley lands if they are classified for
state selection. Either retention or sale of the Ward Valley lands
would be consistent with BLM planning, and, depending upon whether
retention is permanent or temporary and the use that eventually will be
made of the land, may be consistent with state programs or local
planning.
In the past, the Governor of California has expressed his desire,
consistent with the DHS application, for a direct sale of the Ward
Valley lands to the State. A recently issued report prepared by the
National Research Council (NRC) contains several recommendations
relating to the use of the Ward Valley site as a low level radioactive
waste disposal facility. Additional recommendations or requirements may
result from the biological opinion on the impacts of transfer of the
site on the threatened desert tortoise. Measures described in the NRC
report or the consultation on the tortoise may be included in the title
transfer document if the Ward Valley lands are conveyed by a direct
sale pursuant to the FLPMA. However, as pointed out below, this would
not be possible if the lands are selected and transferred by means of
the state indemnity selection acts.
Indemnity selections fulfill a public purpose, namely, contributing
toward
[[Page 35217]]
satisfaction of the obligation of the United States owed to California
for school land grants. There are, however, many federally-owned public
lands, other than the Ward Valley lands, that are available in
California and that are suitable for this purpose, whereas, as
documented in the DHS site selection process and the EIR/EIS, public
lands in the State of California having the same geological and
hydrological characteristics of the Ward Valley lands are extremely
scarce or nonexistent. Accordingly, the value of the Ward Valley lands
for use as a low level waste disposal site is very high and meets a
unique public purpose.
Further, FLPMA sanctions direct sales to support important public
policies and objectives and provides for such sales to be conditioned
to insure proper land use and protection of the public interest. In
contrast, the state indemnity selection acts do not contain provisions
authorizing the imposition of terms or conditions that address the
potential impacts of subsequent uses of the land and that are intended
to assure their maximum future use as for example, in this case, a site
for the disposal of low level waste. Additionally, a direct sale made
pursuant to FLPMA avoids the need for an additional administrative
transfer of the lands from the SLC to the DHS (if the former should be
so inclined) to allow siting of the proposed waste facility.
In light of the foregoing, and after having weighed all the
relevant factors, I conclude that the Ward Valley lands should remain
in federal ownership under multiple use management, as provided in the
California Desert Conservation Plan of 1980, as amended. This will
allow transfer of the Ward Valley lands for low level radioactive waste
disposal purposes to the State of California by direct sale, the method
of transfer the State Governor prefers, and will provide the
opportunity to include appropriate conditions and safeguards regarding
future use of the lands when and if they may be sold to the State. If
the lands are not disposed of to the State, they will remain subject to
BLM planning and management.
In accordance with the pending classification petition of the SLC
and 43 C.F.R. Part 2400, the above described lands are classified for
retention and the SLC indemnity selection application accompanying the
petition is rejected.
Dated: June 29, 1995.
Edward L. Hastey,
State Director.
[FR Doc. 95-16519 Filed 7-5-95; 8:45 am]
BILLING CODE 4310-40-P
