Realty Action; Recreation and Public Purposes (R&PP) Act Classification; Nevada

[Federal Register Volume 64, Number 114 (Tuesday, June 15, 1999)]
[Notices]
[Pages 32062-32063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15068]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[NV-930-1430-01; N-57453]


Realty Action; Recreation and Public Purposes (R&PP) Act 
Classification; Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The following described public lands in Nye County, Nevada, 
have been examined and found suitable for conveyance (patent) to Nye 
County under the provisions of the Recreation and Public Purposes Act 
of June 14, 1926, as amended (43 U.S.C 869 et seq.). Nye County is 
proposing to use the identified lands for the expansion of the solid 
waste disposal site now serving the town of Round Mountain, Nevada, and 
the surrounding area.

Mount Diablo Meridian, Nevada

T. 10 N., R. 43 E.,
    Sec. 12, N\1/2\SW\1/4\NW\1/4\; S\1/2\NW\1/4\NW\1/4\; containing 
40 acres, more or less.

    The lands are not needed for Federal purposes. Conveyance is 
consistent with current BLM land use planning and would be in the 
public interest. The patent, when issued will be subject to the 
provisions of the Recreation and Public Purposes Act and applicable 
regulations of the Secretary of the Interior, and will contain the 
following reservations to the United States:
    1. A right-of-way thereon for ditches and canals constructed by the 
authority of the United States pursuant to the Act of August 30, 1890 
(43 U.S.C. 945);
    2. All mineral deposits shall be reserved to the United States, 
together with the right to prospect for, mine, and remove such deposits 
under applicable laws and regulations as the Secretary of the Interior 
may prescribe; will contain the following provisions:
    1. Nye County, its successors or assigns, assumes all liability for 
and shall defend, indemnify, and save harmless the United States and 
its officers, agents, representatives, and employees (hereinafter 
referred to in this clause as the United States), from all claims, 
loss, damage, actions, causes of action, expense, and liability

[[Page 32063]]

(hereinafter referred to in this clause as claims) resulting from, 
brought for, or on account of, any personal injury, threat of personal 
injury, or property damage received or sustained by any person or 
persons (including the patentee's employees) or property growing out 
of, occurring, or attributable directly or indirectly, to the disposal 
of solid waste on, or the release of hazardous substances from Mount 
Diablo Meridian, Nevada, T. 10 N., R. 43 E., Sec. 12, N\1/2\SW\1/
4\NW\1/4\; S\1/2\NW\1/4\NW\1/4\;, regardless of whether such claims 
shall be attributable to: (1) the concurrent, contributory, or partial 
fault, failure, or negligence of the United States, or (2) the sole 
fault, failure, or negligence of the United States;
    2. Provided, that the title shall revert to the United States upon 
a finding, after notice and opportunity for a hearing, that the 
patentee has not substantially developed the land in accordance with 
the approved plan of development on or before the date five years after 
the date of conveyance. No portion of the land shall under any 
circumstances revert to the United States if any such portion has been 
used for solid waste disposal or for any other purpose which may result 
in the disposal, placement, or release of any hazardous substance;
    3. If, at any time, the patentee transfers to another party 
ownership of any portion of the land not used for the purpose specified 
in the application and approved plan of development, the patentee shall 
pay the Bureau of Land Management the fair market value, as determined 
by the authorized officer, of the transferred portion as of the date of 
transfer, including the value of any improvements thereon;
    4. The above described land is to be used as a solid waste disposal 
site by Nye County, Nevada. Upon closure, the site may contain small 
quantities of commercial and household hazardous waste as determined in 
the Resource Conservation and Recovery Act of 1976, as amended (42 
U.S.C. 6901), and defined in 40 CFR 261.4 and 261.5. Although there is 
no indication these materials pose any significant risk to human health 
or the environment, future land uses should be limited to those which 
do not penetrate the liner or final cover of the site unless excavation 
is conducted subject to applicable State and Federal requirements; and 
will be subject to valid existing rights.
    An environmental assessment and other detailed information 
concerning this action is available for review at the office of the 
Bureau of Land Management, Tonopah Field Station, 1553 South Main 
Street, Tonopah, Nevada.
    Upon publication of this notice in the Federal Register, the above 
described land will be segregated from all other forms of appropriation 
under the public land laws, including the general mining laws, except 
for conveyance under the Recreation and Public Purposes Act and leasing 
under the mineral leasing laws. For a period of 45 days from the date 
of publication of this notice in the Federal Register, interested 
parties may submit comments regarding the proposed conveyance or 
classification of the lands to the Acting Assistant Field Manager, 
Tonopah Field Station, P.O. Box 911, Tonopah, Nevada 89049.

Classification Comments

    Interested parties may submit comments involving the suitability of 
the land for a municipal solid waste transfer station. Comments on the 
classification are restricted to whether the land is physically suited 
for the proposal, whether the use is consistent with local planning and 
zoning, or if the use is consistent with State and Federal programs.

Application Comments

    Interested parties may submit comments regarding the specific use 
proposed in the application and plan of development, whether the BLM 
followed proper administrative procedures in reaching the decision, or 
any other factor not directly related to the suitability of the land 
for a municipal solid waste transfer station.
    Any adverse comments will be reviewed by the State Director. In the 
absence of any adverse comments, the classification of the land will 
become effective 60 days from the date of publication in the Federal 
Register. The lands will not be conveyed until after the classification 
becomes effective.

    Dated: June 1, 1999.
Alan Buehler,
Acting Assistant Field Manager, Tonopah.
[FR Doc. 99-15068 Filed 6-14-99; 8:45 am]
BILLING CODE 4310-HC-P