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[Federal Register: August 20, 2007 (Volume 72, Number 160)]
[Notices]              =20
[Page 46498-46500]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au07-84]                        =20

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-690-1430-ES; CA-44393]

=20
Notice of Realty Action; Recreation and Public Purposes Act=20
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=20
suitable for classification for lease and subsequent conveyance under=20
the provisions of the Recreation and Public Purposes Act (R&amp;PP), as=20
amended (43 U.S.C. 869 et seq.), approximately 55.20 acres of public=20
land in San Bernardino County, California. The Needles Unified School=20
District proposes to use the land for a K-8 public school facility to=20
include an elementary school, administrative offices, classrooms, head=20
start program, daycare facility, a cafeteria, playgrounds, athletic=20
fields, ancillary facilities and parking areas. The site has been=20
designed to accommodate a high school within the proposed project=20
boundary for future community needs.

DATES: Submit comments on or before October 4, 2007 to the Field=20
Manager, BLM Needles Field Office, at the address below.

ADDRESSES: Bureau of Land Management, Needles Field Office, 1303 South=20
U.S. Highway 95, Needles, California 92363.

FOR FURTHER INFORMATION CONTACT: Kathleen O'Connell, Realty Specialist,=20
BLM Needles Field Office, (760) 326-7006.

SUPPLEMENTARY INFORMATION: The Needles Unified School District filed an=20
R&amp;PP application for the classification, lease, and subsequent=20
conveyance of the following described 55.20 acres of public land, to be=20
developed for a K-8 public school:
    That portion of land north of the Colorado River Indian Reservation=20
per retracement resurvey in the unsurveyed portions of sections 30 and=20
31, T. 1 N., R. 25 E., San Bernardino Meridian, as shown per U. S.=20
Department of the Interior's Bureau of Land Management map, dated April=20
9, 1981, in the County of San Bernardino, State of California,=20
described as follows:
    Beginning at a point on the northwesterly reservation line of the=20
Colorado River Indian Reservation, said point being 599.07 feet=20
southeasterly along said reservation line, from the 1981, 12 mile=20
marker (found brass disk), as shown per said map, said point being the=20
beginning of a non-tangent curve concave southerly and having a radius=20
of 340.00 feet, a radial line to said point bears north=20
07[deg]32'31''east;
    Thence, northwesterly along said curve through a central angle of=20
07[deg]32'31'' an arc distance of 44.75 feet;
    Thence west 1,743.25 feet to the beginning of a tangent curve=20
concave

[[Page 46499]]

northeasterly having a radius of 50.00 feet;
    Thence northwesterly along said curve through a central angle of=20
23[deg]33'23'' an arc distance of 20.56 feet to the beginning of a=20
reverse curve concave southwesterly and southeasterly and having a=20
radius of 70.00 feet, a radial line to said beginning bears south=20
23[deg]33'23'' west;
    Thence northwesterly and southerly along said curve through a=20
central angle of 137[deg]06'47'' an arc distance of 178.22 feet to the=20
beginning of a reverse curve concave southwesterly and having a radius=20
of 50.00 feet, a radial line to said beginning bears north=20
66[deg]27'37'' east;
    Thence southwesterly along said curve through a central angle of=20
23[deg]33'23'' and arc distance of 20.56 feet;
    Thence south 2,385.63 feet to the beginning of a tangent curve=20
concave northeasterly and having a radius of 970.00 feet;
    Thence southeasterly along said curve through a central angle of=20
02[deg]15'41'' an arc distance of 38.39 feet to a point on the said=20
northwesterly reservation line of the Colorado River Indian=20
Reservation, a radial line to said point bears north 87[deg]44'19''=20
east, said point being 1,520.10 feet northeasterly along said=20
northwesterly line, from the 1981, 13 mile marker (found brass disk);
    Thence northeasterly along said northwesterly reservation line a=20
distance of 1,119.38 feet to the 1981, 12\1/2\ mile marker (found brass=20
disk);
    Thence continuing northeasterly along said northwesterly=20
reservation line a distance of 2,040.81 feet to the point of beginning.
    This tract as described contains approximately 55.20 acres in San=20
Bernardino County.
    Leasing and subsequent conveyance of the land to the Needles=20
Unified School District is consistent with current Bureau planning for=20
this area and would be in the public interest. The land is not needed=20
for any Federal purpose. The lease would be issued for an initial term=20
of 10 years to allow sufficient time to develop the planned facilities.=20
The land would be conveyed after substantial development has occurred=20
on the land. The lease and subsequent patent, if issued, will be=20
subject to the provisions of the R&amp;PP Act and applicable regulations =
of=20
the Secretary of the Interior, and will be subject to the following=20
terms, conditions, and reservations:
    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 regulations established by the Secretary of the=20
Interior.
    3. All valid existing rights.
    4. Provisions of the R&amp;PP Act and all applicable regulations of =
the=20
Secretary of the Interior.
    5. The lessee/patentee, its successors or assigns, by accepting a=20
lease/patent, agrees to indemnify, defend, and hold the United States,=20
its officers, agents, representatives, and employees (hereinafter=20
``United States'') harmless from any costs, damages, claims, causes of=20
action, penalties, fines, liabilities, and judgments of any kind or=20
nature arising out of or in connection with the lessee's/patentee's=20
use, occupancy, or operations on the leased/patented real property.=20
This indemnification and hold harmless agreement includes, but is not=20
limited to, acts or omissions of the lessee/patentee and its employees,=20
agents, contractors, lessees, or any third-party arising out of or in=20
connection with the lessee's/patentee's use, occupancy, or operations=20
on the leased/patented real property which cause or give rise to, in=20
whole or in part: (1) Violations of Federal, state, and local laws and=20
regulations that are now, or may in future become, applicable to the=20
real property and/or applicable to the use, occupancy, and/or=20
operations thereon; (2) Judgments, claims, or demands of any kind=20
assessed against the United States; (3) Costs, expenses, or damages of=20
any kind incurred by the United States; (4) Releases or threatened=20
releases of solid or hazardous waste(s) and/or hazardous substance(s),=20
pollutant(s), or contaminant(s), and/or petroleum product or derivative=20
of a petroleum product, as defined by Federal and state environmental=20
laws, off, on, into, or under land, property, and other interests of=20
the United States; (5) other activities by which solid or hazardous=20
substance(s) or waste(s), pollutant(s), or contaminant(s), or petroleum=20
product or derivative of a petroleum product as defined by Federal and=20
state environmental laws, are generated, stored, used, or otherwise=20
disposed of on the leased/patented real property, and any cleanup=20
response, remedial action, or other actions related in any manner to=20
the said solid or hazardous substance(s) or waste(s), pollutant(s), or=20
contaminant(s), or petroleum product or derivative of a petroleum=20
product; (6) Natural resource damages as defined by Federal and state=20
laws. Lessee/Patentee shall stipulate that it will be solely=20
responsible for compliance with all applicable Federal, state, and=20
local environmental laws and regulatory provisions throughout the life=20
of the facility, including any closure and/or post-closure requirements=20
that may be imposed with respect to any physical plant and/or facility=20
upon the real property under any Federal, state, or local environmental=20
laws or regulatory provisions. In the case of a patent being issued,=20
this covenant shall be construed as running with the patented real=20
property and may be enforced by the United States in a court of=20
competent jurisdiction.
    6. Terms, covenants, and conditions identified through the=20
applicable environmental analysis or that the authorized officer=20
determines appropriate to ensure public access and the proper use and=20
management of the land.
    Upon publication of this notice in the Federal Register, the public=20
land described above is segregated from all forms of appropriation=20
under the public land laws, including the general mining laws and=20
leasing under the mineral leasing laws, except for lease/conveyance=20
under the Recreation and Public Purposes Act. Interested parties may=20
submit comments regarding the proposed lease/conveyance or=20
classification of the lands until October 4, 2007.

Classification Comments

    Comments on the classification are restricted to the following four=20
subjects: (1) Whether the land is physically suited for the proposal;=20
(2) Whether the use will maximize the future use or uses of the land;=20
(3) Whether the use is consistent with local planning and zoning; and=20
(4) If the use is consistent with State and Federal programs.

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 its=20
classification decision, or any other factor not directly related to=20
the suitability of the land for R&amp;PP use as a K-8 public school.
    All submissions from organizations or businesses will be made=20
available for public inspection in their entirety. Individuals, before=20
including your address, telephone number, e-mail address, or other=20
personal identifying information in your comment, you should be aware=20
that your entire comment--including your personal identifying=20
information--may be made publicly available at any time. While you can=20
ask us in your comment to withhold your personal identifying=20
information from public review, we

[[Page 46500]]

cannot guarantee that we will be able to do so.
    In the absence of any adverse comments, the classification of the=20
land described in this notice will become effective October 19, 2007.=20
The land will not be available for lease/conveyance until after the=20
classification becomes effective.

    (Authority: 43 CFR 2741.5)

    Dated: August 14, 2007.
Robert M. Doyel,
Chief, Branch of Lands Management (CA-930).
 [FR Doc. E7-16289 Filed 8-17-07; 8:45 am]

BILLING CODE 4310-40-P
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