Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 32645 

The public is encouraged to attend and 

hear information from BLM about the 

issue. 

DATES: Thursday, August 13, 2009, 5:30 

p.m. PDT. 

ADDRESSES: Harney County Senior 

Center, 17 South Alder, in Burns, 

Oregon. 

FOR FURTHER INFORMATION CONTACT: Tara 

Martinak, (541) 573–4519, or 

Tara_Martinak@blm.gov or the Burns 

District Office, 28910 Hwy 20 West, 

Hines, Oregon 97738. 

SUPPLEMENTARY INFORMATION: The BLM 

estimates about 36,000 wild horses and 

burros are roaming on BLMadministered rangelands in 10 Western 

states. Wild horses and burros have 

virtually no natural predators and their 

herd sizes can double about every four 

years. As a result, the agency must 

remove thousands of animals from the 

range each year to control herd sizes. 

The estimated current free-roaming 

population is 9,400 more than the level 

that the BLM has determined can exist 

in balance with other public rangeland 

resources and uses. Oregon/Washington 

BLM averages 400–500 horses gathered 

annually from public lands. For 2009, 

gathers are tentatively planned for Herd 

Management Areas within the Burns, 

Lakeview, and Prineville Districts. 

Dated: July 1, 2009. 

Approved: 

Kenny McDaniel, 

District Manager. 

[FR Doc. E9–16145 Filed 7–7–09; 8:45 am] 

BILLING CODE 4310–33–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLAZP01000–09–L14300000.ES0000; AZA– 

32053] 

Notice of Realty Action; Recreation 

and Public Purposes (R&PP) Act 

Classification; Arizona 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of realty action. 

SUMMARY: The following public lands in 

Maricopa County, Arizona, have been 

examined by the Bureau of Land 

Management (BLM) and found suitable 

for classification for lease and/or 

conveyance to the Town of Buckeye 

under the provisions of the R&PP Act, 

as amended, 43 United States Code 

(U.S.C.) 869 et seq., and under Sec. 7 of 

the Taylor Grazing Act, 43 U.S.C. 315(f), 

and Executive Order No. 6910. 

Gila and Salt River Meridian 

T. 2 N., R. 3 W., 

Sec. 4, lots 1 to 4, inclusive, S1⁄2N1⁄2, and 

S1⁄2; 

Sec. 5, lot 1, SE1⁄4NE1⁄4, and E1⁄2SE1⁄4; 

Sec. 8, E1⁄2E1⁄2; 

Sec. 9; 

Sec. 14, W1⁄2; 

secs. 15 and 17; 

Sec. 18, lots 1 to 4, inclusive, and E1⁄2E1⁄2; 

Sec. 19, lots 1 to 4, inclusive, and E1⁄2E1⁄2; 

Secs. 20, 21, and 22; 

Sec. 26, S1⁄2; 

Sec. 27, N1⁄2, N1⁄2S1⁄2, SE1⁄4SW1⁄4, and 

S1⁄2SE1⁄4; 

Sec. 28, N1⁄2, N1⁄2S1⁄2, S1⁄2SW1⁄4, and 

SW1⁄4SE1⁄4; 

Sec. 29; 

Sec. 33, lots 1 to 4, inclusive, W1⁄2NE1⁄4, 

NW1⁄4, and N1⁄2S1⁄2; 

Sec. 34, lot 1, N1⁄2NE1⁄4, and NE1⁄4NW1⁄4; 

Sec. 35, NE1⁄4NE1⁄4, E1⁄2NW1⁄4NE1⁄4, and 

W1⁄2NW1⁄4NW1⁄4. 

The area described contains 8675.36 acres 

in Maricopa County. 

The Town of Buckeye has applied for 

more than the 6,400 acre limitation for 

recreation uses in a year. Under the 

provisions of the R&PP Act, BLM will 

not lease or convey more than 6,400 

acres (with limited exceptions) to the 

Town of Buckeye in any one calendar 

year. 

The Town of Buckeye has submitted 

a statement in compliance with the 

regulations at 43 Code of Federal 

Regulations (CFR) 2741.4(b). The Town 

of Buckeye proposes to use the land as 

open space and for recreational park 

purposes. Related facilities will include 

hiking trails, picnicking and camping 

areas, restroom facilities, and parking. 

DATES: Submit comments on or before 

August 24, 2009. 

ADDRESSES: Detailed information 

including, but not limited to, a proposed 

development plan and documentation 

relating to compliance with applicable 

environmental and cultural resource 

laws is available for review at the 

Bureau of Land Management, Phoenix 

District, 21605 North 7th Avenue, 

Phoenix, Arizona 85027. Written 

comments should also be directed to 

this address. 

FOR FURTHER INFORMATION CONTACT: Jo 

Ann Goodlow, Realty Specialist, at 623– 

580–5548. 

SUPPLEMENTARY INFORMATION: The lands 

are not needed for any Federal 

purposes. 

Lease and/or conveyance of the lands 

for recreational or public purposes use 

is consistent with the BLM Amendment 

and Environmental Assessment to the 

Lower Gila North Management 

Framework Plan and the Lower Gila 

South Resource Management Plan dated 

July 2005, and would be in the public 

interest. 

All interested parties will receive a 

copy of this notice once it is published 

in the Federal Register. The notice will 

be published in the newspaper of local 

circulation for 3 consecutive weeks. 

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 lease or conveyance under 

the R&PP Act and leasing under the 

mineral leasing laws. 

The lease and/or patent of the land, if 

issued, will be subject to the following 

terms, conditions, and reservations: 

1. A right-of-way thereon for ditches 

and canals constructed by the authority 

of the United States Act of August 30, 

1890, 26 Statute (Stat.) 391 (43 U.S.C. 

945). 

2. Provisions of the R&PP Act and to 

all applicable regulations of the 

Secretary of the Interior, including, but 

not limited to, those terms required by 

43 CFR 2741.9. 

3. All minerals shall be reserved to 

the United States, together with the 

right to prospect for, mine, and remove 

the minerals. 

4. All valid existing rights 

documented on the official public land 

records at the time of lease or patent 

issuance. 

5. CERCLA Term: ‘‘Pursuant to the 

requirements established by Section 

120(h) of the Comprehensive 

Environmental Response, Compensation 

and Liability Act, (42 U.S.C. 9620 (h)) 

(CERCLA), as amended by the 

Superfund Amendments and 

Reauthorization Act of 1988, (100 Stat. 

1670) notice is hereby given that the 

above-described land has been 

examined and no evidence was found to 

indicate that any hazardous substances 

had been stored for one year or more, 

nor had any hazardous substances been 

disposed of or released on the subject 

property.’’ 

6. Indemnification Term: ‘‘All lessees, 

purchasers, or patentees, by accepting a 

lease or patent, covenant and agree to 

indemnify, defend, and hold the United 

States harmless from any costs, 

damages, claims, causes of action, 

penalties, fines, liabilities, and 

judgments of any kind or nature arising 

from the past, present, and future acts 

or omissions of the patentees or their 

employees, agents, contractors, or 

lessees, or any third party, arising out of 

or in connection with the lessee’s/ 

patentee’s use, occupancy, or operations 

on the patented real property. This 

indemnification and hold harmless 

agreement includes, but is not limited 

to, acts and omissions of the lessee/ 

patentee and their employees, agents, 

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32646 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 

contractors, or lessees, or any third 

party, arising out of or in connection 

with the use and/or occupancy of the 

leased/patented real property which has 

already resulted or does hereafter result 

in: (1) Violations of Federal, State, and 

local laws and regulations that are now 

or may in the future become, applicable 

to the real property; (2) judgments, 

claims, or demands of any kind assessed 

against the United States; (3) costs, 

expenses, or damages of any kind 

incurred by the United States; (4) 

releases or threatened releases of solid 

or hazardous waste(s) and/or hazardous 

substances, as defined by Federal or 

State environmental laws, off, on, into, 

or under land, property, and other 

interests of the United States; (5) 

activities by which solids or hazardous 

substances or wastes, as defined by 

Federal and State environmental laws 

are generated, released, stored, used, or 

otherwise disposed of on the patented 

real property, and any cleanup 

response, remedial action, or other 

actions related in any manner to said 

solid or hazardous substances or wastes; 

or (6) natural resource damages as 

defined by Federal and State law. 

Lessee/patentee shall stipulate that it 

will be solely responsible for 

compliance with all applicable Federal, 

State, and local environmental and 

regulatory provisions, throughout the 

life of the facility, including any closure 

or post-closure requirements that may 

be imposed with respect to any physical 

plant or facility upon the real property 

under any Federal, State, or local 

environmental laws or regulatory 

provisions. This covenant shall be 

construed as running with the above 

described parcel of land patented or 

otherwise conveyed by the United 

States, and may be enforced by the 

United States in a court of competent 

jurisdiction.’’ 

Classification Comments: Interested 

persons may submit comments 

involving the suitability of the land for 

development of open space and 

recreational park 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 

persons 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 lands for open 

space and recreational park purposes. 

Any adverse comments will be reviewed 

by the BLM State Director. In the 

absence of any adverse comments, the 

classification will become effective on 

September 8, 2009. The lands will not 

be offered for conveyance until after the 

classification becomes effective. 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment,—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Authority: 43 CFR 2741.5. 

Teresa A. Raml, 

District Manager. 

[FR Doc. E9–16129 Filed 7–7–09; 8:45 am] 

BILLING CODE 4310–32–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLES002000.L1430000.ES0000; FLES 

051657] 

Notice of Realty Action: Recreation 

and Public Purposes Act (R&PP) Act 

Classification and Conveyance; Lee 

County, FL 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of realty action. 

SUMMARY: The Bureau of Land 

Management (BLM) has examined and 

found suitable for lease and/or 

conveyance to the City of Sanibel Island 

under the provisions of the Recreation 

and Public Purposes (R&PP) Act of 

1926, as amended (43 U.S.C. 869 et 

seq.), approximately 44.77 acres of 

public land in Sanibel Island, Lee 

County, Florida. The City of Sanibel 

Island proposes to use the land for a 

park. 

DATES: Interested parties may submit 

written comments regarding this 

proposed classification or lease/ 

conveyance of public land until August 

24, 2009. 

ADDRESSES: Please submit your written 

comments to the Field Manager, Bureau 

of Land Management—Eastern States 

(BLM–ES), Jackson Field Office, 411 

Briarwood Drive, Suite 404, Jackson, 

Mississippi 39206. Comments received 

in electronic form, such as e-mail or 

facsimile, will not be considered. 

FOR FURTHER INFORMATION CONTACT: 

Vicky Craft, BLM–ES Jackson Field 

Office at (601) 977–5435 or at the 

address above. 

SUPPLEMENTARY INFORMATION: In 

accordance with Section 7 of the Act of 

June 28, 1943, as amended, (43 U.S.C 

315f), and Executive Order (EO) 6964, 

the following described public land in 

Lee County, Florida has been examined 

and found suitable for classification for 

lease and/or conveyance under the 

provisions of the R&PP Act, as 

amended, (43 U.S.C. 869 et seq.) and, 

accordingly, opened for only that 

purpose. 

Tallahassee Meridian 

T. 46 S., R.23 E., 

Sec. 21, lots 1 and 4. 

The area described contains 44.77 acres, 

more or less, in Lee County, Florida. 

The parcel contains the Sanibel Island 

Lighthouse and is located on the eastern 

point of the island. The land had been 

withdrawn to the United States Coast 

Guard (USCG) for lighthouse purposes 

by Executive Order on December 19, 

1883. The withdrawal was revoked by 

Public Land Order (PLO) No. 7711, 

which made the land available for lease 

and/or conveyance under the R&PP Act. 

Conveyance of the land to the City of 

Sanibel Island is consistent with the 

Florida Resource Management Plan, 

dated June 21, 1995, and would be in 

the public interest. Additional detailed 

information pertaining to this 

application, including a plan of 

development, and map depicting the 

public land is available for review at the 

BLM–ES Jackson Field Office. 

The City of Sanibel Island has not 

applied for more than the 640 acre 

limitation for recreation uses in a year 

and has submitted a statement in 

compliance with the regulations at 43 

CFR 2741.4(b). The City of Sanibel 

Island proposes to use the land as a 

park. 

The City of Sanibel Island has applied 

for patent to the land under the R&PP 

Act of 1926. The patent or a lease, if 

issued, would be subject to the 

following terms, conditions and 

reservations to the United States: 

1. Provisions of the R&PP Act of 1926, 

as amended, and all applicable 

regulations of the Secretary of the 

Interior, including, but not limited to, 

those terms required by 43 CFR 2741.9. 

2. Valid existing rights. 

3. Reserved right of the USCG to 

maintain the light and have ingress and 

egress rights to the light. 

4. All minerals are reserved to the 

United States, together with the right to 

prospect, mine and remove the 

minerals. 

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