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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-017-94-4210-05; COC-55577]

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

Classification; Colorado

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The following public lands in Rio Blanco County, Colorado,

have been examined and found suitable for classification for conveyance

to Rio Blanco County under the provisions of the Recreation and Public

Purposes Act (43 U.S.C. 869 et seq.), as amended by the Recreation and

Public Purposes Amendment Act of 1988. Rio Blanco County proposes to

use the lands for a solid waste landfill.

Sixth Principal Meridian, Colorado

T. 2N., T. 97 W.,

Sec. 25, NW\1/4\, N\1/2\NE\1/4\SW\1/4\, NE\1/4\NW\1/4\SW\1/4\;

Sec. 26, E\1/2\E\1/2\NE\1/4\.

Containing 230 acres.

All minerals, excluding the oil and gas, will be conveyed

concurrently with the surface estate, pursuant to section 209(b) of the

Federal Land Policy and Management Act of 1976 (43 U.S.C. 1719(b)).

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

following terms, conditions, and/or reservations:

1. Provisions of the Recreation and Public Purposes Act, the

Recreation and Public Purposes Amendment Act, and all applicable

regulations of the Secretary of the Interior.

2. A right-of-way reservation for ditches and canals constructed by

authority of the United States under the Act of August 30, 1890 (43

U.S.C. 945).

3. Rio Blanco 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 the

above described lands, regardless of whether such claims shall be

attributable to: (1) The concurrent, contributory, or partial fault,

failure, or negligence of the United States, (2) the sole fault,

failure, or negligence of the United States.

4. Compliance with all Federal and State laws applicable to the

disposal, placement, or release of hazardous substances.

5. 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.

6. If, at any time, the patentee transfers to another party

ownership of any portion of the land not used for the purpose(s)

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.

7. Oil and gas shall be reserved to the United States, together

with the right to prospect for and remove the same.

8. A reservation of title to all archaeological and paleontological

resources within the above described property, together with such right

of ingress and egress, and temporary occupancy as is necessary to

identify, inventory, monitor, preserve, protect, mitigate, and remove

any of said resources within or from the described property. No

construction or other intentional surface disturbance, except emergency

response, may take place on lands where identified archaeologic or

paleologic sites have been identified without prior written

authorization from the United States. The United States may release any

or all of the described property from this reservation at any time that

it determines, in consultation with the State Historic Preservation

Officer, that the property being released is no longer eligible for

listing on the National Register of Historic Places or does not contain

significant archaeological or paleological resources.

Detailed information concerning this action is available for review

at the office of the Bureau of Land Management, White River Resource

Area, 73544 Highway 64, Meeker, Colorado.

Upon Publication of this notice in the Federal Register, the lands

will be segregated from all forms of appropriation under the public

land laws, including the general mining laws, except for conveyance

under the Recreation and Public Purposes Act, conveyance under section

209(b) of the Federal Land Policy and Management Act, and leasing under

the mineral leasing laws.

For a period of 45 days from the date of publication in the Federal

Register, interested persons may submit comments regarding the proposed

conveyance or classification of the lands to the District Manager,

Craig District Office, 455 Emerson Street, Craig Colorado 81625.

Classification Comments: Interested parties may submit comments

involving the suitability of the land for solid waste landfill

purposes. 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 a solid waste landfill.

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.

FOR FURTHER INFORMATION CONTACT: Vern Rholl, Supervisory Realty

Specialist, or B. Curtis Smith, Area Manager, White River Resource

Area, P.O. Box 928, Meeker, Colorado 81641, (303) 878-3601.

Dated: May 11, 1994.

Robert Schneider,

Associate District Manager.

[FR Doc. 94-12545 Filed 5-20-94; 8:45 am]

BILLING CODE 4310-JB-M