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[Federal Register: June 25, 2007 (Volume 72, Number 121)]
[Notices]              =20
[Page 34714-34716]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn07-122]                        =20

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AZ-330-07-7122 FR; AZA-33570]

=20
Notice of Realty Action; Recreation and Public Purposes Act=20
Classification; Arizona

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 to La Paz County for conveyance under the=20
provisions of the Recreation and Public Purposes Act, a 20-acre parcel=20
of public land, located in La Paz County, Arizona. The County plans to=20
construct and operate a wastewater treatment plant on the site to serve=20
communities in the Colorado River area.

DATES: Interested parties may submit written comments at the address=20
stated below, postmarked no later than August 9, 2007.

ADDRESSES: Interested parties may submit written comments to the Field=20
Manager, BLM Lake Havasu Field Office, 2610 Sweetwater Avenue, Lake=20
Havasu City, Arizona 86406. Detailed information concerning this=20
action, including but not limited to documentation related to=20
compliance with applicable environmental and cultural resource laws, is=20
available for review at the above address during

[[Page 34715]]

regular business hours (8 a.m. to 4:30 p.m.), Monday through Friday,=20
except holidays.

FOR FURTHER INFORMATION CONTACT: Cory Bodman, Realty Specialist, BLM=20
Lake Havasu Field Office, telephone (928) 505-1215.

SUPPLEMENTARY INFORMATION: The following described public land is=20
proposed for classification under Section 7 of the Taylor Grazing Act,=20
43 U.S.C. 315f, and Executive Order No. 6910, and classification and=20
conveyance under the provisions of the Recreation and Public Purposes=20
(R&amp;PP) Act, as amended (43 U.S.C. 869 et seq.), for the purpose of=20
placement of a wastewater treatment plant.
    Land proposed for this classification and disposal action is:

Gila and Salt River Meridian, La Paz County, Arizona

T. 10 N., R. 19 W.,
    Sec. 26: E\1/2\SE\1/4\SW\1/4\.

    The land described contains approximately 20 acres in La Paz=20
County.

    Requirements of the Arizona Department of Environmental Quality=20
indicate a wastewater treatment plant is needed to serve the growing=20
Colorado River area communities. In accordance with the R&amp;PP Act, as =

amended, La Paz County has filed an R&amp;PP petition/application and =
plan=20
of development to the BLM Lake Havasu Field Office in which it proposes=20
to develop a wastewater treatment plant on the above described public=20
land. The land is not needed for federal purposes. Conveyance pursuant=20
to the R&amp;PP Act is consistent with the Lake Havasu Field Office=20
Resource Management Plan, dated May 10, 2007, and would be in the=20
public interest. Public meetings were held in conjunction with the=20
planning process, and included discussions of the proposed=20
classification and disposal of the above described public land under=20
the R&amp;PP Act.
    The conveyance, when issued, will be subject to the following=20
terms, conditions, and reservations:
    1. Provisions of the R&amp;PP Act and to all applicable regulations, =

including but not limited to regulations stated in 43 CFR Part 2470,=20
and policy and guidance of the Secretary of the Interior.
    2. Reservation of a right-of-way to the United States for ditches=20
and canals pursuant to the Act of August 30, 1890, 43 U.S.C. 945.
    3. 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, including all necessary access and exit rights.
    4. No portion of the land patented shall revert back to the United=20
States under any circumstances if such portion has been used for solid=20
waste disposal or for any other purpose that the authorized officer=20
determines may result in the disposal, placement, or release of any=20
hazardous substance. In addition the patentee shall comply with all=20
Federal state laws applicable to the disposal, placement, or release of=20
hazardous substances (substances as defined in 40 CFR Part 302) and=20
indemnify the United States against any legal liability or future costs=20
that may arise out of any violation of such law.
    5. All valid existing rights of record, including those documented=20
on the official public land records at the time of patent issuance.
    6. Pursuant to the requirements established by section 120(h) of=20
the Comprehensive Environmental Response, Compensation and Liability=20
Act, (42 U.S.C 9620(h)) (CERCLA), as amended by the Superfund=20
Amendments and Reauthorization Act of 1988, (100 Stat. 1670) notice is=20
hereby given that the above-described land has been examined and no=20
evidence was found to indicate that any hazardous substances had been=20
stored for one year or more, nor had any hazardous substances been=20
disposed of or released on the subject property.
    7. The purchaser/patentee, by accepting a patent, covenants and=20
agrees to indemnity, defend, and hold the United States harmless from=20
any costs, damages, claims, causes of action, penalties, fines,=20
liabilities, and judgments of any kind or nature arising from the past,=20
present, and future acts or omissions of the patentees or their=20
employees, agents, contractors, lessees, or any third party, arising=20
out of or in connection with the patentee's use, occupancy, or=20
operations on the patented real property. This indemnification and hold=20
harmless agreement includes, but is not limited to, acts and omissions=20
of the patentee and their employees, agents, contractors, lessees, or=20
any third party, arising out of or in connection with the use, and/or=20
occupancy, of the patented real property which has already resulted or=20
does hereafter result in: (1) Violations of Federal, State and local=20
laws and regulations that are now or may in the future become,=20
applicable to the real property; (2) Judgments, claims or demands of=20
any kind assessed against the United States; (3) Costs, expenses or=20
damages of any kind incurred by the United States; (4) Releases or=20
threatened releases of solid or hazardous waste(s), and/or hazardous=20
substances(s), as defined by Federal and State environmental laws, off,=20
on, into or under land, property and other interests of the United=20
States; (5) Activities by which solid waste or hazardous substances(s)=20
or waste, as defined by Federal and State environmental laws, are=20
generated, released, stored, used or otherwise disposed of on the=20
patented real property, and any cleanup response, remedial action or=20
other actions related in any manner to said solid or hazardous=20
substances(s) or waste(s); or (6) natural resource damages as defined=20
by Federal and State law. This covenant shall be construed as running=20
with the parcel of land patented or otherwise conveyed by the United=20
States, and may be enforced by the United States in a court of=20
competent jurisdiction.
    Upon publication of this notice in the Federal Register, the land=20
will be segregated from all other forms of appropriation under the=20
public land laws, including the general mining laws, except for=20
conveyance under the R&amp;PP Act, and leasing under the mineral leasing =

laws.
    Interested parties may submit written comments on the proposed=20
conveyance or classification of the land to the Field Manager, Lake=20
Havasu Field Office, at the address stated above in this notice.=20
Comments must be postmarked no later than August 9, 2007.
    Before including your address, phone number, e-mail address, or=20
other personal identifying information in your comment, you should be=20
aware 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 cannot guarantee that we will be=20
able to do so.
    Classification Comments: Interested parties may submit written=20
comments, postmarked no later than August 9, 2007 involving the=20
suitability of the land for conveyance for the wastewater treatment=20
plant. Comments on the classification are limited to whether the land=20
is physically suited for the wastewater treatment plant, whether the=20
use will maximize the future use or uses of the land, whether the use=20
is consistent with local planning and zoning, or if the use is=20
consistent with State and Federal programs.
    Application Comments: Interested parties may submit written=20
comments no later than August 9, 2007 regarding the specific use=20
proposed in the application and plan of development, whether the BLM=20
followed proper

[[Page 34716]]

administrative procedures in reaching the decision, or any other factor=20
not directly related to the suitability of the land for the wastewater=20
treatment plant. Any adverse comments will be reviewed by the BLM State=20
Director, who may sustain, vacate, or modify this realty action. In the=20
absence of any adverse comments, the classification will become=20
effective 60 days after June 25, 2007. The land will not be offered for=20
conveyance until after the classification becomes effective.

(Authority: 43 CFR 2741.5)

    Dated: April 30, 2007.
Timothy Z. Smith,
Field Manager.
 [FR Doc. E7-12263 Filed 6-22-07; 8:45 am]

BILLING CODE 4310-32-P
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