Notice of ActionAmendment of the Pocatello Resource Management Plan (RMP)/Notice of Realty Action (NORA), Recreation and Public Purpose (R&PP) Act Classification; Bingham County, ID

[Federal Register Volume 64, Number 34 (Monday, February 22, 1999)]
[Notices]
[Pages 8627-8628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4208]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[ID-030-1430-01; IDI-30867]


Notice of Action--Amendment of the Pocatello Resource Management 
Plan (RMP)/Notice of Realty Action (NORA), Recreation and Public 
Purpose (R&PP) Act Classification; Bingham County, ID

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Action/Notice of Realty Action.

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NOTICE: Notice is hereby given that the BLM has amended the Pocatello 
RMP to allow for the disposal of certain public lands in Bingham 
County, Idaho.

SUMMARY: The following public lands in Bingham County, Idaho have been 
examined and found suitable for classification for conveyance to 
Bingham County under the provisions of the Recreation and Public 
Purpose Amendment Act of 1988. Bingham County proposes to use the land, 
which is legally described below, in conjunction with other lands 
controlled by them, for a landfill.

T. 2 S., R. 38 E., Boise Meridian
    Section 5: S\1/2\NE\1/4\NE\1/4\SE\1/4\, E\1/2\SW\1/4\NE\1/
4\SE\1/4\, SE\1/4\NE\1/4\SE\1/4\

    The area described contains 20 acres, more or less, in Bingham 
County.

    The parcel is proposed to be used predominantly as a buffer area to 
the proposed Rattlesnake Canyon Landfill.
    The above described lands are not needed for Federal purposes. The 
conveyance of these lands is consistent with the Pocatello RMP, as 
amended on February 4, 1999, and would be in the public interest.
    The patent, when issued, will be subject to the following terms, 
conditions and reservations:
    1. Provisions of the Recreation and Public Purposes Amendment Act 
and to all applicable regulations of the Secretary of the Interior.
    2. Those rights for powerline purposes granted to Idaho Power Co. 
by right-of-way IDI-4250.

[[Page 8628]]

    3. A right-of-way for ditches and canals constructed by the 
authority of the United States.
    4. All minerals shall be reserved to the United States, together 
with the right to prospect for, mine and remove the minerals.
    5. The patentee shall comply with all Federal and State laws 
applicable to the disposal, placement or release of hazardous 
substances.
    6. The patentee, 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 
(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 (T. 2 
S., R. 38 E.,B.M., Sec. 5, S\1/2\NE\1/4\NE\1/4\SE\1/4\, E\1/2\SW\1/
4\NE\1/4\SE\1/4\, SE\1/4\NE\1/4\SE\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.
    7. 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 lands 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 
circumstance, 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.
    8. 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.
    9. The above-described land has been conveyed for use as a solid 
waste disposal site. Records describing location of cells and other 
information about the solid waste disposal site are available from the 
patentee. Solid waste commonly includes 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 landfill unless excavation is 
conducted subject to applicable State and Federal requirements.
    Detailed information concerning this action is available for review 
at the offices of the Bureau of Land Management, Pocatello Resource 
Area, 1111 N. 8th Avenue, Pocatello, Idaho or Snake River Resource 
Area, Burley Field Office, 15 E. 200 S., Burley, Idaho.
    Upon publication of this notice in the Federal Register, the lands 
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 Purpose 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 
persons may submit comments regarding the proposed classification or 
conveyance of the lands to the Area Manager, Pocatello Resource Area 
Office, 1111 N. 8th Avenue, Pocatello, Idaho 83201-5789.
    Planning protest: Any party that participated in the plan amendment 
and is adversely affected by the amendment may protest this action only 
as it affects issues submitted for the record during the planning 
process. The protest shall be in writing and filed with the Director, 
Bureau of Land Management, Attention: Ms. Brenda Williams, Protests 
Coordinator, WO-210/LS-1075, Department of the Interior, Washington 
D.C. 20240. The Overnight Mail address is: Director, Bureau of Land 
Management, Attention: Ms. Brenda Williams, Protests Coordinator (WO-
210), 1620 L Street, N.W., Rm. 1075, Washington, D.C. 20036 [Phone: 
202-452-5110]. To expedite consideration, in addition to the original 
sent by mail or overnight mail, a copy of the protest may be sent by: 
FAX to 202-452-5112 or E-mail to bhudgens@wo.blm.gov.
    Classification comments: Interested parties may submit comments 
involving the suitability of the land for landfill purposes in Bingham 
County's proposed Rattlesnake Canyon Landfill. Comments on the 
classification are restricted to whether the land is physically suited 
for the proposal, whether the use will maximize the future use or uses 
of the land, 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 landfill purposes.
    Any adverse comments will be reviewed by the State Director. In the 
absence of any adverse comments, the classification will become 
effective 60 days from the date of publication of this notice in the 
Federal Register.

    Dated: February 10, 1999.
Scott D. Barker,
Realty Specialist.
[FR Doc. 99-4208 Filed 2-19-99; 8:45 am]
BILLING CODE 4310-GG-P