[Federal Register Volume 62, Number 158 (Friday, August 15, 1997)]
[Notices]
[Pages 43748-43749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21637]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NV-065-5700-10; NVN-57452]
Notice of Realty Action: Recreation and Public Purposes (R&PP)
Act Classification, Nevada
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
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SUMMARY: The following described public lands in Tonopah, Nye County,
Nevada, have been examined and found suitable for conveyance (patent)
to Nye County under the provisions of the Recreation and Public
Purposes Act of June 14, 1926, as amended (43 U.S.C. 869 et seq.). Nye
County proposes to use the lands for a municipal solid waste disposal
site to serve Tonopah, Nevada, and the surrounding area.
Mount Diablo Meridian, Nevada
T. 2 N., R. 43 E.,
Sec. 4, SW\1/4\NE\1/4\, W\1/2\SE\1/4\NE\1/4\, SW\1/4\NE\1/
4\NW\1/4\, SW\1/4\SE\1/4\NE\1/4\NW\1/4\, N\1/2\NE\1/4\SE\1/4\NW\1/
4\, and NE\1/4\NW\1/4\SE\1/4\NW\1/4\;
Containing 80 acres, more or less.
The lands are not needed for Federal purposes. The conveyance is
consistent with current Bureau land use planning for this area and
would be in the public interest. The patent, when issued, will be
subject to the provisions of the Recreation and Public Purposes Act and
applicable regulations of the Secretary of the Interior, and will
contain the following reservations to the United States:
1. A right-of-way thereon for ditches and canals constructed by the
authority of the United States pursuant to the Act of August 30, 1890
(43 U.S.C. 945);
2. All mineral deposits shall be reserved to the United States,
together with the right to prospect for, mine, and remove such deposits
from the same under applicable laws and such regulations as the
Secretary of the Interior may prescribe,
will contain the following provisions:
1. Nye 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 Mount
Diablo Meridian, Nevada, T. 2 N., R. 43 E., sec. 4, SW\1/4\NE\1/4\,
W\1/2\SE\1/4\NE\1/4\, SW\1/4\NE\1/4\NW\1/4\, SW\1/4\SE\1/4\NE\1/4\NW\1/
4\, N\1/2\NE\1/4\SE\1/4\NW\1/4\, and NE\1/4\NW\1/4\SE\1/4\NW\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;
2. 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 land 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
circumstances 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;
3. 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;
4. The above described land has been conveyed for utilization as a
solid waste disposal site by Nye County, Nevada. Upon closure, the site
may contain 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; and will be subject to valid
existing rights.
Detailed information concerning this action is available for review
at the office of the Bureau of Land Management, Tonopah Field Station,
102 Military Circle, Tonopah, Nevada.
Upon publication of this notice in the Federal Register, the above
described land 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 Purposes 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
parties may submit comments regarding the proposed conveyance or land
classification to the Field Station Manager, Tonopah Field Station,
P.O. Box 911, Tonopah, Nevada 89049.
Classification Comments
Interested parties may submit comments involving the suitability of
[[Page 43749]]
the land for a municipal solid waste disposal site. Comments on the
classification are restricted to whether the land is physically suited
for the proposal, 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 municipal solid waste disposal site.
Any adverse comments will be reviewed by the State Director. In the
absence of any adverse comments, the classification of the land
described in this notice will become effective 60 days from the date of
publication in the Federal Register. The lands will not be offered for
conveyance until after the classification becomes effective.
Dated: August 6, 1997.
Ron Huntsinger,
Field Station Manager, Tonopah, NV.
[FR Doc. 97-21637 Filed 8-14-97; 8:45 am]
BILLING CODE 4310-HC-P
