[Federal Register: March 27, 2007 (Volume 72, Number 58)]
[Notices]
[Page 14294-14295]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr07-61]
[[Page 14294]]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[WY-100-1430-ES; WYW-06321501]
Notice of Realty Action; Recreation and Public Purposes Act
Classification; Wyoming
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Realty Action.
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SUMMARY: The Bureau of Land Management (BLM) has examined and found
suitable for classification for conveyance under the provisions of the
Recreation and Public Purposes Act a parcel of public lands located
near LaBarge, in Lincoln County, Wyoming. The land has been leased
under the Recreation and Public Purposes Act to the Town of LaBarge for
use as a sanitary landfill since 1981, but has been closed to disposal
of waste generally, since 1995. The Town of LaBarge intends to use the
lands for a solid waste transfer facility.
DATES: Interested persons may submit written comments to the BLM at the
address stated below. Comments must be received no later than May 11,
2007.
ADDRESSES: Bureau of Land Management, Pinedale Field Office, 432 East
Mill Street, P.O. Box 768, Pinedale, Wyoming 82941.
FOR FURTHER INFORMATION CONTACT: Bill Wadsworth, Realty Specialist, at
the address above or at 307-367-5341.
SUPPLEMENTARY INFORMATION: The following described public land in
Lincoln County, Wyoming, has been examined and found suitable for
classification for conveyance under the provisions of the Recreation
and Public Purposes (R&PP) Act, as amended (43 U.S.C. 869 et seq.) and
is hereby classified accordingly:
WYW-06321501--LaBarge, WY--Closed landfill and current solid waste
transfer facility currently under lease to Town of LaBarge to be
classified for conveyance:
Sixth Principal Meridian, Lincoln County, Wyoming
T. 26 N., R. 112 W.,
Sec. 6, Lots 4, 31, 32.
The land described contains 30.82 acres.
In accordance with the R&PP Act and implementing regulation, at 43
CFR part 2740, the Town of LaBarge has filed a R&PP petition/
application and plan of development in which it proposes to use the
above described public lands for a closed landfill and a solid waste
transfer facility. The lands are not needed for federal purposes.
Conveyance pursuant to the R&PP Act is consistent with the Pinedale
Resource Management Plan, dated December 12, 1988, and would be in the
public interest.
The conveyance, when issued, will be subject to the following
terms, conditions, and reservations:
1. Provisions of the R&PP Act and to all applicable regulations,
including but not limited to the regulations stated in 43 CFR part
2740, and policy and guidance of the Secretary of the Interior.
2. Reservation of a right-of-way to the United States for ditches
and canals pursuant to the Act of August 30, 1890, 43 U.S.C. 945.
3. All minerals shall be reserved to the United States, together
with the right to prospect for, mine and remove the minerals under
applicable laws and regulations established by the Secretary of the
Interior, including all necessary access and exit rights.
4. No portion of the lands patented shall revert back to the United
States under any circumstances. In addition, the patentee shall comply
with all Federal and State laws applicable to the disposal, placement,
or release of hazardous substances (substance as defined in 40 CFR part
302) and indemnify the United States against any legal liability or
future costs that may arise out of any violation of such laws.
5. All valid existing rights of record, including those documented
on the official public land records at the time of lease/patent
issuance.
6. Pursuant to the requirements established by section 120(h) of
the Comprehensive Environmental Response, Compensation and Liability
Act, (42 U.S.C. 9620(h)) (CERCLA), as amended by the Superfund
Amendments and Reauthorization Act of 1988, (100 Stat. 1670) notice is
hereby given that the above-described lands have been examined and no
evidence was found to indicate that any hazardous substances had been
stored for one year or more, nor had any hazardous substances been
disposed of or released on the subject property.
7. The purchaser/patentee, by accepting a patent, covenants and
agrees to indemnify, defend, and hold the United States harmless from
any costs, damages, claims, causes of action, penalties, fines,
liabilities, and judgments of any kind or nature arising from the past,
present, and future acts or omissions of the patentees or their
employees, agents, contractors, lessees, or any third party, arising
out of or in connection with the patentee's use, occupancy, or
operations on the patented real property. This indemnification and hold
harmless agreement includes, but is not limited to, acts and omissions
of the patentee and their employees, agents, contractors, or lessees,
or any third party, arising out of or in connection with the use and/or
occupancy of the patented real property which has already resulted or
does hereafter result in: (1) Violations of Federal, state, and local
laws and regulations that are now or may in the future become,
applicable to the real property; (2) Judgments, claims or demands of
any kind assessed against the United States; (3) Costs, expenses, or
damages of any kind incurred by the United States; (4) Releases or
threatened releases of solid or hazardous waste(s), and/or hazardous
substance(s), as defined by Federal or state environmental laws, off,
on, into or under land, property and other interests of the United
States; (5) Activities by which solid waste or hazardous substances(s)
or waste, as defined by Federal and state environmental laws are
generated, released, stored, used or otherwise disposed of on the
patented real property, and any cleanup response, remedial action or
other actions related in any manner to said solid or hazardous
substances(s) or waste(s); or (6) Natural resource damages as defined
by Federal and state law. This covenant shall be construed as running
with the parcels of land patented or otherwise conveyed by the United
States, and may be enforced by the United States in a court of
competent jurisdiction. Detailed information concerning the proposed
actions, including but not limited to documentation relating to
compliance with applicable environmental and cultural resource laws, is
available for review at the BLM, Pinedale Field Office, 432 East Mill
Street, P.O. Box 768, Pinedale, WY 82941, telephone: 307-367-5341.
On March 27, 2007, the above described lands will be segregated
from all other forms of appropriation under the public land laws,
including the general mining laws, except for lease or conveyance under
the R&PP Act and leasing under the mineral leasing laws. Interested
parties may submit written comments regarding the proposed conveyance
or classification of the lands to the Field Manager, Pinedale Field
Office, at the address stated above in this notice for that purpose.
Comments must be received no later than May 11, 2007. Before including
your address, phone number, e-mail address, or other personal
identifying information in your comment, you should be aware that your
entire comment--including your personal identifying information--may
[[Page 14295]]
be made publicly available at any time. While you can ask us in your
comment to withhold your personal identifying information, we cannot
guarantee that we will be able to do so.
Classification Comments: Interested parties may submit comments
involving the suitability of the lands for conveyance for the closed
landfill and solid waste transfer facilities. Comments on the
classification(s) 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, and 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 lands for closed landfill and solid waste
transfer facilities. Any adverse comments will be reviewed by the State
Director, who may sustain, vacate, or modify this realty action. In the
absence of any adverse comments, the classification will become
effective 60 days after March 27, 2007.
(Authority: 43 CFR 2741.5)
Dated: February 5, 2007.
William Lanning,
Associate Field Manager.
[FR Doc. E7-5543 Filed 3-26-07; 8:45 am]
BILLING CODE 4310-22-P