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[Federal Register: March 27, 2007 (Volume 72, Number 58)]
[Notices]              =20
[Page 14294-14295]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr07-61]                        =20


[[Page 14294]]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[WY-100-1430-ES; WYW-06321501]

=20
Notice of Realty Action; Recreation and Public Purposes Act=20
Classification; Wyoming

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 the provisions of the=20
Recreation and Public Purposes Act a parcel of public lands located=20
near LaBarge, in Lincoln County, Wyoming. The land has been leased=20
under the Recreation and Public Purposes Act to the Town of LaBarge for=20
use as a sanitary landfill since 1981, but has been closed to disposal=20
of waste generally, since 1995. The Town of LaBarge intends to use the=20
lands for a solid waste transfer facility.

DATES: Interested persons may submit written comments to the BLM at the=20
address stated below. Comments must be received no later than May 11,=20
2007.

ADDRESSES: Bureau of Land Management, Pinedale Field Office, 432 East=20
Mill Street, P.O. Box 768, Pinedale, Wyoming 82941.

FOR FURTHER INFORMATION CONTACT: Bill Wadsworth, Realty Specialist, at=20
the address above or at 307-367-5341.

SUPPLEMENTARY INFORMATION: The following described public land in=20
Lincoln County, Wyoming, has been examined and found suitable for=20
classification for conveyance under the provisions of the Recreation=20
and Public Purposes (R&amp;PP) Act, as amended (43 U.S.C. 869 et seq.) =
and=20
is hereby classified accordingly:
    WYW-06321501--LaBarge, WY--Closed landfill and current solid waste=20
transfer facility currently under lease to Town of LaBarge to be=20
classified for conveyance:

Sixth Principal Meridian, Lincoln County, Wyoming

T. 26 N., R. 112 W.,
    Sec. 6, Lots 4, 31, 32.

    The land described contains 30.82 acres.

    In accordance with the R&amp;PP Act and implementing regulation, at =
43=20
CFR part 2740, the Town of LaBarge has filed a R&amp;PP petition/
application and plan of development in which it proposes to use the=20
above described public lands for a closed landfill and a solid waste=20
transfer facility. The lands are not needed for federal purposes.=20
Conveyance pursuant to the R&amp;PP Act is consistent with the Pinedale=20
Resource Management Plan, dated December 12, 1988, and would be in the=20
public interest.
    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 the regulations stated in 43 CFR part=20
2740, 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 lands patented shall revert back to the United=20
States under any circumstances. In addition, the patentee shall comply=20
with all Federal and State laws applicable to the disposal, placement,=20
or release of hazardous substances (substance as defined in 40 CFR part=20
302) and indemnify the United States against any legal liability or=20
future costs that may arise out of any violation of such laws.
    5. All valid existing rights of record, including those documented=20
on the official public land records at the time of lease/patent=20
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 lands have 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 indemnify, 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, or lessees,=20
or 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
substance(s), as defined by Federal or 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 parcels 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. Detailed information concerning the proposed=20
actions, including but not limited to documentation relating to=20
compliance with applicable environmental and cultural resource laws, is=20
available for review at the BLM, Pinedale Field Office, 432 East Mill=20
Street, P.O. Box 768, Pinedale, WY 82941, telephone: 307-367-5341.
    On March 27, 2007, the above described lands will be segregated=20
from all other forms of appropriation under the public land laws,=20
including the general mining laws, except for lease or conveyance under=20
the R&amp;PP Act and leasing under the mineral leasing laws. Interested=20
parties may submit written comments regarding the proposed conveyance=20
or classification of the lands to the Field Manager, Pinedale Field=20
Office, at the address stated above in this notice for that purpose.=20
Comments must be received no later than May 11, 2007. Before including=20
your address, phone number, e-mail address, or other personal=20
identifying information in your comment, you should be aware that your=20
entire comment--including your personal identifying information--may

[[Page 14295]]

be made publicly available at any time. While you can ask us in your=20
comment to withhold your personal identifying information, we cannot=20
guarantee that we will be able to do so.
    Classification Comments: Interested parties may submit comments=20
involving the suitability of the lands for conveyance for the closed=20
landfill and solid waste transfer facilities. Comments on the=20
classification(s) are restricted to whether the land is physically=20
suited for the proposal, whether the use will maximize the future use=20
or uses of the land, and whether the use is consistent with local=20
planning and zoning, or if the use is consistent with State and Federal=20
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 the decision; or any other factor not directly related to=20
the suitability of the lands for closed landfill and solid waste=20
transfer facilities. Any adverse comments will be reviewed by the 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 March 27, 2007.

(Authority: 43 CFR 2741.5)

    Dated: February 5, 2007.
 William Lanning,
Associate Field Manager.
 [FR Doc. E7-5543 Filed 3-26-07; 8:45 am]

BILLING CODE 4310-22-P
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