[Federal Register: September 22, 1998 (Volume 63, Number 183)]
[Notices]               
[Page 50580]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se98-92]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[UT-040-08-1150-00-P]; UTU-76388

 
Notice of Realty Action, Recreation and Public Purposes (R&PP) 
Act Classification; Utah

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action, Recreation and Public Purposes (R&PP) 
Act Classification; Utah.

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SUMMARY: The following described public lands in Beaver County, Utah 
have been examined and found suitable for lease or conveyance under the 
provisions of the Recreation and Public Purposes Amendment Act of 1988 
(Pub. L. 100-648). The land to be conveyed and the proposed patentee 
are as follows: Patentee: Minersville Town. Location: Salt Lake 
Meridian, Utah, Township 30 South, Range 10 West, Section 3, W\1/
2\SE\1/4\SE\1/4\, S\1/2\S\1/2\NE\1/4\SE\1/4\, containing 30 acres.
    These lands are hereby segregated from all forms of appropriation 
under the public land laws, including the mining laws.
    The Town of Minersville proposes to use the land for the expansion 
of the town's sewage lagoons. The land is 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 reservations:
    1. All minerals, including oil and gas, shall be reserved to the 
United States, together with the right to prospect for, mine, and 
remove the minerals. The Secretary of Interior reserves the right to 
determine whether such mining and removal of minerals will interfere 
with the development, operation, and maintenance of the sewage lagoons.
    2. A right-of-way will be reserved for ditches and canals 
constructed by the authority of the United States (Act of August 30, 
1890, 26 Stat. 391; 43 U.S.C. 945).
    3. The conveyance will be subject to all valid existing rights.
    4. The patentees assume all liability for and shall defend, 
indemnify, and save harmless the United States and its officers, 
agents, representatives, and employees (hereinafter referred to as the 
United States), from all claims, loss, damage, actions, causes of 
action, expense, and liability 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 listed tracts, 
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.
    5. Title shall revert to the United States upon a finding, after 
notice and opportunity of 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.

DATES: Interested persons may submit comments regarding the proposed 
conveyance of the land to the District Manager, Cedar City District 
Office, 176 D.L. Sargent Drive, Cedar City, Utah 84720. Comments will 
be accepted until November 6, 1998.

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 construction of sewage lagoons.
    Any adverse comments will be reviewed by the State Director who may 
vacate or modify this realty action and issue a final determination. In 
the absence of any adverse comments, this notice will become the final 
determination of the Department of Interior on November 23, 1998.

FOR FURTHER INFORMATION CONTACT:
Detailed information concerning this action is available for review at 
the Beaver River Resource Area office by contacting Ervin Larsen, 176 
East D.L. Sargent Drive, Cedar City, Utah 84720, or telephone (435) 
865-3081.

    Dated: September 14, 1998.
Arthur L. Tait,
District Manager.
[FR Doc. 98-25283 Filed 9-21-98; 8:45 am]
BILLING CODE 4310-09-M