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

[Federal Register Volume 64, Number 67 (Thursday, April 8, 1999)]
[Notices]
[Pages 17197-17198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8676]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[NV-930-1430-01; N-61879]


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

AGENCY: Bureau of Land Management.

ACTION: Notice.

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SUMMARY: The following described public lands in Esmeralda County, 
Nevada, have been examined and found suitable for conveyance (patent) 
to Esmeralda County under the provisions of the Recreation and Public 
Purposes Act of June 14, 1926, as amended (43 U.S.C 869 et seq.). 
Esmeralda County is currently using lands for a municipal solid waste 
transfer station to serve Silver Peak, Nevada, and the surrounding 
area. Esmeralda County will continue using the lands for this purpose 
once it is conveyed.

Mount Diablo Meridian, Nevada

T. 2 S., R. 39 E.,
    Sec. 27, SW\1/4\NE\1/4\NW\1/4\;

    containing 10 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. Esmeralda 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 
(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. 2 S., R. 39 E., sec. 27, SW\1/4\NE\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. 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 transfer 
station by Esmeralda 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.
    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

[[Page 17198]]

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: March 26, 1999.
W. Craig MacKinnon,
Acting Assistant Field Manager, Tonopah.
[FR Doc. 99-8676 Filed 4-7-99; 8:45 am]
BILLING CODE 4310-HC-P