[Federal Register: November 25, 2002 (Volume 67, Number 227)]
[Notices]
[Page 70618-70619]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25no02-82]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NV-930-1430-ES; N-35639]
Notice of Realty Action: Recreation and Public Purposes (R&PP)
Act Classification; Conveyance of Public Lands near Beatty, NV
AGENCY: Bureau of Land Management.
ACTION: Classification of public land for conveyance pursuant to the
Recreation and Public Purposes Act.
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SUMMARY: The following described public land in Nye County, Nevada has
been examined and classified as suitable for conveyance, in accordance
with Section 7 of the Taylor Grazing Act, 43 U.S.C. 315f, and Executive
Order No. 6910. Patent will be issued to Nye County under provisions of
the Recreation and Public Purposes Act of June 14, 1926, as amended (43
U.S.C. 869 et seq.) for the purposes of operating a municipal solid
waste transfer station.
Mount Diablo Meridian, Nevada
T. 12 S., R. 46 E.,
sec 13, S\1/2\NW\1/4\NW\1/4\, N\1/2\SW\1/4\NW\1/4\.
Containing 40.00 acres more or less.
The lands are not needed for Federal purposes. Conveyance is
consistent with BLM land use planning and would be in the public
interest. 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 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 such deposits from the
same under applicable law and regulations to be established by the
Secretary of the Interior.
Patent will contain the following provisions:
1. Nye County a political subdivision of the State of Nevada,
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 actions,
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 patentees 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. 12 S., R.
46 E., sec. 13, S\1/2\NW\1/4\NW\1/4\NW\1/4\, N\1/2\SW\1/4\NW\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;
2. The above described land was used as a solid waste disposal
site, and will continue to be used as solid waste transfer station.
Upon closure, the site may contain small quantities of commercial and
household wastes 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
of final cover of the site unless excavation is conducted subject to
applicable State and Federal requirements;
3. No portion of the land shall under any circumstances revert to
the United States if any portion has been used for solid waste disposal
or for any other purpose which may result in the disposal, placement,
storage, or release of any hazardous substance; 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,
1553 South Main Street, Tonopah, Nevada. The subject lands were
previously classified and segregated for the purposes of a lease
authorizing a sanitary landfill pursuant to the Recreation and Public
Purposes Act. Further segregation will not be required.
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 classification of
[[Page 70619]]
the lands to the Assistant Field Station Manager, Tonopah Field
Station, P.O. Box 911, Tonopah, NV, 89049.
Classification Comments: Interested parties may submit comments
involving the suitability of the land for use as a municipal solid
waste transfer station. 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 the uses described.
Any adverse comments will be reviewed by the State Director. In the
absence of any adverse comments, the classification of the land will
become effective 60 days from the date of publication of this Notice in
the Federal Register. The lands will not be conveyed until after the
classification becomes effective.
Dated: October 3, 2002.
William S. Fisher,
Assistant Field Manager, Tonopah.
[FR Doc. 02-29824 Filed 11-22-02; 8:45 am]