[Federal Register: June 6, 2007 (Volume 72, Number 108)]
[Notices]
[Page 31340-31342]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn07-116]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[AZ-420-1430-ES; AZA 32985]
Notice of Realty Action; Recreation and Public Purposes (R&PP)
Act Classifications; Arizona
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
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SUMMARY: The Bureau of Land Management (BLM) has examined and found
suitable for classification approximately 16 acres of public land in
Pima County, Arizona, for lease or conveyance to the Drexel Heights
Fire District under the provisions of the Recreation and Public
Purposes Act, as amended, and in keeping with section 7 of the Taylor
Grazing Act, as amended. The Fire District proposes to use the land for
the expansion of an existing fire station facility, operated by the
Drexel Heights Fire District.
DATES: Submit comments on or before July 23, 2007.
ADDRESSES: Detailed information concerning this action, including but
not limited to, a development plan and documentation relating to
compliance with applicable environmental and cultural resources laws,
is available for review at the Bureau of Land Management, Tucson Field
Office, 12661 East Broadway Boulevard, Tucson, Arizona 85748-7208.
FOR FURTHER INFORMATION CONTACT: Susan Bernal, Realty Specialist, at
SUPPLEMENTARY INFORMATION: The following described public land in Pima
County, Arizona, has been examined and found suitable for lease or
conveyance for use as an expanded fire station facility 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
pursuant to section 7 of the Taylor Grazing Act, as amended, 43 U.S.C.
315f:
Gila and Salt River Meridian, Arizona
T. 15 S., R. 12 E., sec. 3, lots 1 and 2 (within).
The area described contains 16 acres in Pima County.
[[Page 31341]]
When eligible for conveyance, BLM will resurvey the lots and relot
them.
The Drexel Heights Fire District is a political subdivision of the
State of Arizona that has the authority per Arizona Revised Statute
Title 48 to acquire federal land (See 43 Code of Federal Regulations
(CFR) 2741.2) and that operates an existing fire station serving the
Drexel Heights Fire District. The Fire District proposes to expand the
existing fire station by using all of the above-described land for a
fire fighter training facility, including a new classroom, a driver
training course and a parking area to be operated by the Fire District.
The Fire District, as an agent of the State of Arizona, has advised BLM
that it has the authority, as a duly authorized fire district, to
operate the fire fighter training facility, both as to training
instruction and, also, the functions of the physical site. Devoting the
subject acreage to these uses would be of great benefit to the Tucson
community.
As to the foregoing, the statement required by 43 CFR 2741.4(b) to
accompany a Recreation and Public Purposes Act application has been
filed in the BLM Tucson Field Office. The land is not needed for any
Federal purpose. The lease or conveyance of the lands for recreational
or public purposes use is consistent with the Phoenix District Resource
Management Plan, dated September 1989, would be in the public interest
and, as allowed, would involve no more acreage than is reasonably
necessary for the new uses proposed by the Fire District.
Detailed information concerning the foregoing is available for
review at the BLM, Tucson Field Office, at the address stated above,
during normal business hours Monday through Friday (except Federal
holidays). A public meeting may be held if the authorized officer
determines that public interest in the proposal warrants holding such a
meeting.
Upon publication of this notice in the Federal Register, the 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 Recreation and Public Purposes Act and leasing
under the mineral leasing laws.
The lease or conveyance of the lands, when issued, would be subject
to the following terms, conditions, and reservations:
1. A right-of-way thereon 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).
2. Provisions of the Recreation and Public Purposes Act and to all
applicable regulations of the Secretary of the Interior.
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. All valid existing rights.
5. A right-of-way authorized under Sec. 17 of the Act of November
9, 1921 (42 Stat. 216) for road purposes to the Arizona State Highway
Department (AZA 6032) affecting public lands within sec. 3, T. 15 S.,
R. 12 E.
6. A right-of-way authorized under the Act of October 21, 1976 (90
Stat. 2776; 43 U.S.C. 1761) for sewer line purposes to the Pima County
Board of Supervisors (AZA 10867) affecting public lands within sec. 3,
T. 15 S., R. 12 E.
7. Rights-of-way authorized under the Act of October 21, 1976 (90
Stat. 2776; 43 U.S.C. 1760) for road purposes to Pima County
Transportation and Flood Control (AZA 17485 and AZA 22310) affecting
public lands within sec. 3, T. 15 S., R. 12 E.
8. A right-of-way authorized under the Act of October 21, 1976 (90
Stat. 2776; 43 U.S.C. 1760) for Central Arizona Project purposes to the
Bureau of Reclamation, Arizona Project Office (AZA 22075) affecting
public lands within sec. 3, T., 15 S., R. 12 E.
9. Rights-of-way authorized under the Act of October 21, 1976 (90
Stat. 2776; 43 U.S.C. 1760) for transmission line purposes to the
Tucson Electric Power Company (AZA 3048301 and AZA 30088) affecting
public lands within sec. 3, T. 15 S., R. 12 E.
10. A right-of-way authorized under the Act of October 21, 1976 (90
Stat. 2776; 43 U.S.C. 1761) for a potable water pipeline for municipal
water supply purposes to the Tucson Water Department, (AZA 30969)
affecting public lands within sec. 3, T. 15 S., R. 12 E.
11. A mineral material contract authorized under the Act of July
31, 1947 (61 Stat. 681; 30 U.S.C. 601,602) for mineral extraction to
Clay Mine Adobe, (AZA 33755) affecting public lands within sec. 3, T.
15 S., R. 12 E. The mineral material permittee will reclaim the area of
his operation including removal of all unpermitted surface and
subsurface structures upon the termination of the mineral material
contract. Said contract expires October 16, 2009.
12. CERCLA Term: ``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.''
13. Indemnification Term: ``All lessees or Purchasers/patentees, by
accepting a lease patent, covenant and agree to indemnify, defend, and
hold the United States harmless of 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 lessees patentees or their employees, agents, contractors, lessees,
or any third-party, arising out of or in connection with the lessee's
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 lessee's patentees 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
leased 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 substance(s) or waste, as
defined by Federal and state environmental laws are generated,
released, stored, used or otherwise disposed of on the leased 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
[[Page 31342]]
the United States in a court of competent jurisdiction.
Classification Comments: Interested persons may submit comments
involving the suitability of the land for a fire fighter training
facility, including a new classroom, a driver training course and a
parking area. Comments on the classification are restricted to whether
the land is physically suited for the proposals, 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 persons may submit comments
regarding the specific use applied for as well as the proposed 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 a fire fighter training facility,
including a new classroom, a driver training course and a parking area.
Any adverse comments will be reviewed by the State Director. In the
absence of any adverse comments, the classification will become
effective on August 6, 2007. The lands will not be offered for lease or
conveyance until after the classification becomes effective.
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, be advised 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 from public review your personal identifying
information, we cannot guarantee that we will be able to do so.
(Authority: 43 CFR 2741.5(h)).
Patrick Madigan,
Field Office Manager.
[FR Doc. E7-10890 Filed 6-5-07; 8:45 am]
BILLING CODE 4310-32-P