From: Subject: FR Doc E7-16200 Date: Sun, 26 Aug 2007 01:36:14 -0700 MIME-Version: 1.0 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Content-Location: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-16200.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3138 FR Doc E7-16200 
[Federal Register: August 17, 2007 (Volume 72, Number 159)]
[Notices]              =20
[Page 46239-46240]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au07-79]                        =20

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-160-1430-ES; CALA 0170973]

=20
Notice of Realty Action; Recreation and Public Purposes (R&PP)=20
Act Classification; CA

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=20
suitable for classification for conveyance under section 7 of the=20
Taylor Grazing Act, 43 U.S.C. 315f, and the provisions of the=20
Recreation and Public Purposes (R&PP) Act, as amended, 10 acres of=20
public land in Tulare County, California. Tulare County has filed an=20
application to purchase the 10-acre parcel of BLM land that contains a=20
closed, solid waste landfill facility.

DATES: Comments of interested persons must be received in the BLM=20
Bakersfield Field Office on or before October 1, 2007. Only written=20
comments will be accepted.

ADDRESSES: Bureau of Land Management, Bakersfield Field Office, 3801=20
Pegasus Drive, Bakersfield, California 93308.

FOR FURTHER INFORMATION CONTACT: Rosalinda Estrada, Realty Specialist,=20
BLM Bakersfield Field Office, (661) 391-6126. Detailed information=20
concerning this action, including but not limited to documentation=20
related to compliance with applicable environmental and cultural=20
resource laws, is available for review at the BLM Bakersfield Field=20
Office at the address above.

SUPPLEMENTARY INFORMATION: The following described public land in=20
Tulare County, California has been examined and found suitable for=20
classification for conveyance under section 7 of the Taylor Grazing=20
Act, 43 U.S.C. 315f, and the provisions of the Recreation and Public=20
Purposes (R&PP) Act as amended (43 U.S.C. 869 et seq.), and is =
hereby=20
classified accordingly.

Mount Diablo Meridian

T. 22 S., R. 36 E.,
    Sec. 20, NE\1/4\SE\1/4\SE\1/4\.

    The area described contains 10 acres, in Tulare County.

    The land is not needed for any Federal purpose. The County of=20
Tulare has leased the described property from BLM since January, 1963.=20
The described property will be conveyed to the County of Tulare without=20
possibility of reverter to the United States, pursuant to 43 CFR=20
Subpart 2743. The conveyance is consistent with current Bureau land-use=20
planning and would be in the public interest. The patent, if issued,=20
will be subject to the provisions of the R&PP Act and applicable=20
regulations of the Secretary of the Interior, in particular, but not=20
limited to 43 CFR 2743.3-1, and will contain the following additional=20
reservations, terms, and conditions:
    1. A right-of-way thereon for ditches or canals constructed by the=20
authority of the United States pursuant to the Act of August 30, 1890=20
(43 U.S.C. 945).
    2. All minerals shall be reserved to the United States, together=20
with the right to prospect for, mine, and remove the minerals under=20
applicable laws and such regulations as the Secretary of the Interior=20
may prescribe, including all necessary access and exit rights.
    3. The patent, if issued, will be subject to all valid existing=20
rights.
    4. The patentee, by accepting a patent, covenants and agrees to=20
indemnify, defend, and hold the United States and its officers, agents,=20
representatives, and employees (hereinafter referred to in this clause=20
as the ``United States''), harmless from any costs, damages, claims,=20
causes of action, penalties, fines, liabilities, and judgments of any=20
kind or nature arising from the past, present, and future acts or=20
omissions of the patentees or their employees, agents, contractors, or=20
lessees, or any third-party, arising out of or in connection with the=20
patentees' use, occupancy, or operations on the NE\1/4\SE\1/4\SE\1/4\=20
section 20, T. 22 S., R. 36 E., M.D.M., Tulare County, California, the=20
patented real property. This indemnification and hold harmless=20
agreement includes, but

[[Page 46240]]

is not limited to, acts and omissions of the patentees and their=20
employees, agents, contractors, or lessees, or any third party, arising=20
out of or in connection with the use and/or occupancy of the patented=20
real property which has already resulted or does hereafter result in:=20
(a) Violations of Federal, State, and local laws and regulations that=20
are now or may in the future become, applicable to the real property;=20
(b) judgments, claims, or demands of any kind assessed against the=20
United States; (c) costs, expenses, or damages of any kind incurred by=20
the United States; (d) releases or threatened releases of solid or=20
hazardous waste(s) and/or hazardous substances(s), as defined by=20
Federal or State environmental laws, off, on, into or under land,=20
property and other interests of the United States; (e) activities by=20
which solids or hazardous substances or wastes, as defined by Federal=20
and State environmental laws are generated, released, stored, used or=20
otherwise disposed of on the patented real property, and any cleanup=20
response, remedial action or other actions related in any manner to=20
said solid or hazardous substances or wastes; or (f) natural resource=20
damages as defined by Federal and State law. This covenant shall be=20
construed as running with the above described parcel of land patented=20
or otherwise conveyed by the United States, and may be enforced by the=20
United States in a court of competent jurisdiction.
    5. The above described parcel is subject to the requirements of=20
section 120(h) of the Comprehensive Environmental Response,=20
Compensation and Liability Act, 42 U.S.C. 9620(h) (CERCLA), as amended=20
by the Superfund Amendments and Reauthorization Act of 1988, 100 Stat.=20
1670.
    6. Upon publication of this notice in the Federal Register, the=20
public land described above is segregated from all forms of=20
appropriation under the public land laws, including the general mining=20
laws, except for conveyance under the R&PP Act. Interested parties =
may=20
submit comments regarding the proposed conveyance classification of the=20
lands for a period of 45 days from the date of publication of this=20
notice in the Federal Register.

Classification Comments

    Interested parties may submit comments involving the suitability of=20
the land for a closed solid waste facility. Comments on the=20
classification are restricted to whether the land is physically suited=20
for the proposal, whether the use will maximize the future use or uses=20
of the land, whether the use is consistent with local planning and=20
zoning, or if the use is consistent with State and Federal programs.=20
The classification of the land described in this Notice will become=20
effective October 16, 2007. The land will not be offered for conveyance=20
until after the classification becomes effective.

Application Comments

    Interested parties may submit comments regarding the specific use=20
proposed in the application and plan of development, whether the BLM=20
followed proper administrative procedures in reaching the decision, or=20
any other factor not directly related to the suitability of the land=20
for a closed solid waste facility. Any adverse comments will be=20
reviewed by the BLM California State Director who may sustain, vacate,=20
or modify this realty action. In the absence of any adverse comments,=20
this realty action will become the final determination of the=20
Department of the Interior. Before including your address, phone=20
number, e-mail address, or other personal identifying information in=20
your comment, you should be aware that your entire comment--including=20
your personal identifying information--may be made publicly available=20
at any time. While you can ask us in your comment to withhold your=20
personal identifying information from public review, we cannot=20
guarantee that we will be able to do so. In the absence of any adverse=20
comments, the classification of the land described in this notice will=20
become effective October 16, 2007. The land will not be available for=20
conveyance until after the classification becomes effective.

(Authority: 43 CFR 2741.5)

J. Anthony Danna,
Deputy State Director, Natural Resources (CA-930).
 [FR Doc. E7-16200 Filed 8-16-07; 8:45 am]

BILLING CODE 4310-40-P