[Federal Register: June 26, 2007 (Volume 72, Number 122)]
[Notices]
[Page 35063-35064]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn07-57]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CA-680-1430-ES; CA-45985]
Notice of Realty Action; Recreation and Public Purposes Act
(R&PP) Classification; California
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 lease and conveyance under the
provisions of the Recreation and Public Purposes Act (R&PP), as amended
(43 U.S.C. 869 et seq.), approximately 5 acres of public land in San
Bernardino County, California. The Hesperia Recreation and Parks
District, a local government entity has filed an application to lease
with the request for conveyance of the above described public land for
a public sports complex to include access roads, a nature trail and
parking lot enclosed within a chain link fence, as specified in the
District's development plan (henceforth, sports complex). The Hesperia
Recreation and Parks District proposes to use the land in conjunction
with adjacent non-Federal lands purchased by the District, for the
establishment of a 24 acre public sports complex. The public land will
be leased during the development stages. Upon substantial compliance
with approval plans of development and management, the land will be
conveyed.
DATES: For a period until August 10, 2007, interested parties may
submit comments to the Field Manager, BLM Barstow Field Office, at the
address below.
ADDRESSES: Bureau of Land Management, Barstow Field Office, 2601
Barstow Road, Barstow, California 92311.
FOR FURTHER INFORMATION CONTACT: Joan Patrovsky, Realty Specialist, BLM
Barstow Field Office, (760) 252-6032.
SUPPLEMENTARY INFORMATION: The Hesperia Recreation and Parks District
filed an R&PP application for the lease and subsequent conveyance of
the following described 5 acres of public land to be developed and
utilized for a public sports complex:
San Bernardino Base Meridian, California
T. 4 N., R. 5 W.
Sec. 13, N\1/2\SW\1/4\SW\1/4\NW\1/4\.
The area described contains 5 acres, more or less, in San
Bernardino County.
Leasing and subsequent conveyance of the land to the Hesperia
Recreation and Parks District is consistent with current Bureau
planning for this area and would be in the public interest. The land is
not needed for any Federal purpose. The lease would be issued for a
term of 5 years to allow sufficient time to develop and complete the
parking lot, nature trail, interpretative signs, and enclosure fencing
around the complex area. The land would be conveyed after recreational
development activities have been completed. The lease and subsequent
patent, if issued, will be subject to the provisions of the R&PP Act
and applicable regulations of the Secretary of the Interior, and will
be subject to the following terms, conditions, and reservations:
1. A right-of-way thereon for ditches or canals constructed by the
authority of the United States pursuant to the Act of August 30, 1890
(43 U.S.C. 945).
2. 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 such regulations as the Secretary of the Interior
may prescribe. And will be subject to:
3. Those rights for an electric transmission line granted by right-
of-way R 01725 to Southern California Edison Company.
4. Those rights for an electric transmission line granted by right-
of-way R 06740 to Southern California Edison Company.
[[Page 35064]]
5. Those rights for an electric transmission line granted by right-
of-way R 04180 to Southern California Edison Company.
6. Those rights for an electric transmission line granted by right-
of-way CACA 21596 to Southern California Edison Company.
7. Any other valid rights-of-way that may exist at the time of
lease or conveyance.
8. Provisions of the R&PP Act and all applicable regulations of the
Secretary of the Interior.
9. The lessee or patentee, its successors or assigns, by accepting
a lease or patent, agrees to indemnify, defend, and hold the United
States, its officers, agents, representatives, and employees
(hereinafter ``United States'') harmless from any costs, damages,
claims, causes of action, penalties, fines, liabilities, and judgments
of any kind or nature arising out of or in connection with the lessee's
or patentee's use, occupancy, or operations on the leased/patented real
property. This indemnification and hold harmless agreement includes,
but is not limited to, acts or omissions of the lessee or patentee and
its employees, agents, contractors, lessees, or any third-party arising
out of or in connection with the lessee's or patentee's use, occupancy,
or operations on the leased or patented real property which cause or
give rise to, in whole or in part: (1) Violations of Federal, state,
and local laws and regulations that are now, or may in future become,
applicable to the real property and/or applicable to the use,
occupancy, and/or operations thereon; (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); pollutant(s), or contaminant(s), and/or petroleum product
or derivative of a petroleum product, as defined by Federal and State
environmental laws, off, on, into, or under land, property, and other
interests of the United States; (5) Other activities by which solid or
hazardous substance(s) or waste(s), pollutant(s), or contaminant(s), or
petroleum product or derivative of a petroleum product as defined by
Federal and State environmental laws, are generated, stored, used, or
otherwise disposed of on the leased or patented real property, and any
cleanup response, remedial action, or other actions related in any
manner to the said solid or hazardous substance(s) or waste(s),
pollutant(s), or contaminant(s), or petroleum product or derivative of
a petroleum product; (6) Natural resource damages as defined by Federal
and State laws. Lessee or Patentee shall stipulate that it will be
solely responsible for compliance with all applicable Federal, State,
and local environmental laws and regulatory provisions throughout the
life of the facility, including any closure and/or post-closure
requirements that may be imposed with respect to any physical plant
and/or facility upon the real property under any Federal, State, or
local environmental laws or regulatory provisions. In the case of a
patent being issued, this covenant shall be construed as running with
the patented real property and may be enforced by the United States in
a court of competent jurisdiction.
10. Terms, covenants and conditions identified through the
applicable environmental analysis or that the authorized officer
determines appropriate to ensure public access and the proper use and
management of the realty. Upon publication of this notice in the
Federal Register, the public lands described above are segregated from
all forms of appropriation under the public land laws, including the
general mining laws and leasing under the mineral leasing laws, except
for lease or conveyance under the Recreation and Public Purposes Act.
Interested parties may submit comments regarding the proposed lease or
conveyance or classification of the lands for a period of 45 days from
the date of publication of this notice in the Federal Register.
Classification Comments: Interested parties may submit comments
involving the suitability of the land for a sports complex. Comments on
the classification are restricted to whether the land is physically
suited for the proposal or any other issues that would be pertinent to
the environmental (National Environmental Policy Act of 1969) analysis
for this action, 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 its classification decision, or any other factor not
directly related to the suitability of the land for R&PP use as a
public sports complex.
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 be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
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
available for lease/conveyance until after the classification becomes
effective.
(Authority: 43 CFR 2741.5)
Dated: April 4, 2007.
J. Anthony Danna,
Deputy State Director, Natural Resources (CA-930).
[FR Doc. 07-3136 Filed 6-25-07; 8:45 am]
BILLING CODE 4310-40-M