From: Subject: FR Doc 07-3136 Date: Wed, 4 Jul 2007 10:47:20 -0700 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/07-3136.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3138 FR Doc 07-3136 
[Federal Register: June 26, 2007 (Volume 72, Number 122)]
[Notices]              =20
[Page 35063-35064]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn07-57]                        =20

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CA-680-1430-ES; CA-45985]

=20
Notice of Realty Action; Recreation and Public Purposes Act=20
(R&PP) 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 conveyance under the=20
provisions of the Recreation and Public Purposes Act (R&PP), as =
amended=20
(43 U.S.C. 869 et seq.), approximately 5 acres of public land in San=20
Bernardino County, California. The Hesperia Recreation and Parks=20
District, a local government entity has filed an application to lease=20
with the request for conveyance of the above described public land for=20
a public sports complex to include access roads, a nature trail and=20
parking lot enclosed within a chain link fence, as specified in the=20
District's development plan (henceforth, sports complex). The Hesperia=20
Recreation and Parks District proposes to use the land in conjunction=20
with adjacent non-Federal lands purchased by the District, for the=20
establishment of a 24 acre public sports complex. The public land will=20
be leased during the development stages. Upon substantial compliance=20
with approval plans of development and management, the land will be=20
conveyed.

DATES: For a period until August 10, 2007, interested parties may=20
submit comments to the Field Manager, BLM Barstow Field Office, at the=20
address below.

ADDRESSES: Bureau of Land Management, Barstow Field Office, 2601=20
Barstow Road, Barstow, California 92311.

FOR FURTHER INFORMATION CONTACT: Joan Patrovsky, Realty Specialist, BLM=20
Barstow Field Office, (760) 252-6032.

SUPPLEMENTARY INFORMATION: The Hesperia Recreation and Parks District=20
filed an R&PP application for the lease and subsequent conveyance of =

the following described 5 acres of public land to be developed and=20
utilized for a public sports complex:

San Bernardino Base Meridian, California

T. 4 N., R. 5 W.
    Sec. 13, N\1/2\SW\1/4\SW\1/4\NW\1/4\.

    The area described contains 5 acres, more or less, in San=20
Bernardino County.

    Leasing and subsequent conveyance of the land to the Hesperia=20
Recreation and Parks District is consistent with current Bureau=20
planning for this area and would be in the public interest. The land is=20
not needed for any Federal purpose. The lease would be issued for a=20
term of 5 years to allow sufficient time to develop and complete the=20
parking lot, nature trail, interpretative signs, and enclosure fencing=20
around the complex area. The land would be conveyed after recreational=20
development activities have been completed. The lease and subsequent=20
patent, if issued, will be subject to the provisions of the R&PP Act =

and applicable regulations of the Secretary of the Interior, and will=20
be subject to the following 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 such regulations as the Secretary of the Interior=20
may prescribe. And will be subject to:
    3. Those rights for an electric transmission line granted by right-
of-way R 01725 to Southern California Edison Company.
    4. Those rights for an electric transmission line granted by right-
of-way R 06740 to Southern California Edison Company.

[[Page 35064]]

    5. Those rights for an electric transmission line granted by right-
of-way R 04180 to Southern California Edison Company.
    6. Those rights for an electric transmission line granted by right-
of-way CACA 21596 to Southern California Edison Company.
    7. Any other valid rights-of-way that may exist at the time of=20
lease or conveyance.
    8. Provisions of the R&PP Act and all applicable regulations of =
the=20
Secretary of the Interior.
    9. The lessee or patentee, its successors or assigns, by accepting=20
a lease or patent, agrees to indemnify, defend, and hold the United=20
States, its officers, agents, representatives, and employees=20
(hereinafter ``United States'') harmless from any costs, damages,=20
claims, causes of action, penalties, fines, liabilities, and judgments=20
of any kind or nature arising out of or in connection with the lessee's=20
or patentee's use, occupancy, or operations on the leased/patented real=20
property. This indemnification and hold harmless agreement includes,=20
but is not limited to, acts or omissions of the lessee or patentee and=20
its employees, agents, contractors, lessees, or any third-party arising=20
out of or in connection with the lessee's or patentee's use, occupancy,=20
or operations on the leased or patented real property which cause or=20
give rise to, in whole or in part: (1) Violations of Federal, state,=20
and local laws and regulations that are now, or may in future become,=20
applicable to the real property and/or applicable to the use,=20
occupancy, and/or operations thereon; (2) Judgments, claims, or demands=20
of 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
substance(s); pollutant(s), or contaminant(s), and/or petroleum product=20
or derivative of a petroleum product, as defined by Federal and State=20
environmental laws, off, on, into, or under land, property, and other=20
interests of the United States; (5) Other activities by which solid or=20
hazardous substance(s) or waste(s), pollutant(s), or contaminant(s), or=20
petroleum product or derivative of a petroleum product as defined by=20
Federal and State environmental laws, are generated, stored, used, or=20
otherwise disposed of on the leased or patented real property, and any=20
cleanup response, remedial action, or other actions related in any=20
manner to the said solid or hazardous substance(s) or waste(s),=20
pollutant(s), or contaminant(s), or petroleum product or derivative of=20
a petroleum product; (6) Natural resource damages as defined by Federal=20
and State laws. Lessee or Patentee shall stipulate that it will be=20
solely responsible for compliance with all applicable Federal, State,=20
and local environmental laws and regulatory provisions throughout the=20
life of the facility, including any closure and/or post-closure=20
requirements that may be imposed with respect to any physical plant=20
and/or facility upon the real property under any Federal, State, or=20
local environmental laws or regulatory provisions. In the case of a=20
patent being issued, this covenant shall be construed as running with=20
the patented real property and may be enforced by the United States in=20
a court of competent jurisdiction.
    10. 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 realty. Upon publication of this notice in the=20
Federal Register, the public lands described above are segregated from=20
all forms of appropriation under the public land laws, including the=20
general mining laws and leasing under the mineral leasing laws, except=20
for lease or conveyance under the Recreation and Public Purposes Act.=20
Interested parties may submit comments regarding the proposed lease or=20
conveyance or classification of the lands for a period of 45 days from=20
the date of publication of this notice in the Federal Register.
    Classification Comments: Interested parties may submit comments=20
involving the suitability of the land for a sports complex. Comments on=20
the classification are restricted to whether the land is physically=20
suited for the proposal or any other issues that would be pertinent to=20
the environmental (National Environmental Policy Act of 1969) analysis=20
for this action, 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.
    Application Comments: Interested parties may submit comments=20
regarding the specific use proposed in the application and plan of=20
development, whether the BLM followed proper administrative procedures=20
in reaching its classification decision, or any other factor not=20
directly related to the suitability of the land for R&PP use as a=20
public sports complex.
    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.
    In the absence of any adverse comments, the classification of the=20
land described in this notice will become effective 60 days from the=20
date of publication in the Federal Register. The lands will not be=20
available for lease/conveyance until after the classification becomes=20
effective.

(Authority: 43 CFR 2741.5)

    Dated: April 4, 2007.
J. Anthony Danna,
Deputy State Director, Natural Resources (CA-930).
[FR Doc. 07-3136 Filed 6-25-07; 8:45 am]

BILLING CODE 4310-40-M