Notice of Availability of the Spring Creek Coal Company's Lease by Application MTM 94378 Environmental Assessment, Federal Coal Notice of Public Hearing, and Request for Environmental Assessment, Maximum Economic Recovery, and Fair Market Value Comments, 70526-70527 [E6-20546]
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Federal Register / Vol. 71, No. 233 / Tuesday, December 5, 2006 / Notices
discriminatory action, or, in the case of
a personnel action, within 45 calendar
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(EEOC) within 180 calendar days of the
alleged discriminatory action. If you are
alleging discrimination based on marital
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file a written complaint with the U.S.
Office of Special Counsel (OSC) (see
contact information below).
ycherry on PROD1PC64 with NOTICES
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or approve any personnel action must
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take, or threaten to take or fail to take,
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Activity
A Federal agency may not retaliate
against an employee or applicant
because that individual exercises his or
her rights under any of the Federal
antidiscrimination or whistleblower
protection laws listed above. If you
believe that you are the victim of
retaliation for engaging in protected
activity and want to pursue any legal
remedy, you must follow, as
appropriate, the procedures described in
the Antidiscrimination Laws and
Whistleblower Protection Laws sections
of this notice or, if applicable, OFHEO’s
VerDate Aug<31>2005
15:14 Dec 04, 2006
Jkt 211001
administrative or negotiated grievance
procedures.
Bureau of Land Management
Disciplinary Actions
[MT–020–1320–EL, MTM 94378]
Under the existing laws, each Federal
agency retains the right, where
appropriate, to discipline a Federal
employee for conduct that is
inconsistent with Federal
antidiscrimination and whistleblower
protection laws up to and including
removal. If OSC has initiated an
investigation under 5 U.S.C. 1214,
however, according to 5 U.S.C. 1214(f),
agencies must seek approval from the
OSC to discipline employees for, among
other activities, engaging in prohibited
retaliation. Nothing in the No FEAR Act
alters existing laws or permits an agency
to take unfounded disciplinary action
against a Federal employee or former
employee, or to violate the procedural
rights of a Federal employee or former
employee who has been accused of
discrimination.
Additional Information
For further information regarding the
No FEAR Act regulations, refer to 5 CFR
part 724. Additional information
regarding Federal antidiscrimination
and whistleblower protection laws can
be found at the EEOC Web site at
https://www.eeoc.gov, and the OSC Web
site at https://www.osc.gov. You can also
access the fact sheet, ‘‘Your Rights as a
Federal Employee,’’ on the OSC Web
site at https://www.osc.gov/documents/
pubs/rights/htm. The pamphlet, ‘‘The
Role of the U.S. Office of Special
Counsel,’’ also contains information
about the Whistleblower Protection Act
of 1989 and telephone numbers for
reporting purposes. You can access it at
https://www.osc.gov/documents/pubs/
oscrole.pdf. You can also learn more
from the Chief Human Capital Officer
and the Office of General Counsel of
OFHEO.
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Pursuant to section 205 of the No
FEAR Act, neither the Act nor this
notice creates, expands, or reduces any
rights otherwise available to any
employee, former employee, or
applicant for employment under the
laws of the United States, including the
provisions of law specified in 5 U.S.C.
2302(d).
Dated: November 21, 2006.
James B. Lockhart III,
Director, Office of Federal Housing Enterprise
Oversight.
[FR Doc. E6–20503 Filed 12–4–06; 8:45 am]
BILLING CODE 4220–01–P
PO 00000
Frm 00026
Fmt 4703
DEPARTMENT OF THE INTERIOR
Sfmt 4703
Notice of Availability of the Spring
Creek Coal Company’s Lease by
Application MTM 94378 Environmental
Assessment, Federal Coal Notice of
Public Hearing, and Request for
Environmental Assessment, Maximum
Economic Recovery, and Fair Market
Value Comments
Bureau of Land Management,
Interior.
ACTION: Notice of availability.
AGENCY:
SUMMARY: In accordance with 43 Code of
Federal Regulations (CFR) 3425.4, the
Bureau of Land Management, Miles City
Field Office, Miles City, Montana,
hereby gives notice that an
Environmental Assessment (EA) is
available and a public hearing will be
held to lease Federal coal. The EA
analyzes and discloses direct, indirect,
and cumulative environmental impacts
of issuing competitively a Federal coal
lease for 1,207.5 acres in the Bighorn
County, Montana. The purpose of the
public hearing is to solicit comments
from the public on (1) The proposal to
issue a Federal coal lease; (2) the
proposed competitive lease sale; (3) the
Fair Market Value (FMV) of the Federal
coal; and (4) Maximum Economic
Recovery (MER) of the Federal coal
included in the tracts.
DATES: Written comments must be
postmarked by December 27, 2006, and
received by the BLM Miles City Field
Office (See ADDRESSES). The public
hearing will be held on December 14,
2006, at 10:30 a.m. requesting comments
on the EA, FMV, and MER in
accordance with 43 CFR parts 3422 and
3425.
ADDRESSES: The public hearing will
occur at the BLM Montana State Office
(5001 Southgate Drive, Billings,
Montana, in the 920 Conference Room).
Written comments or resource
information should be addressed to or
hand delivered to the BLM Miles City
Field Office, Attn: Dan Benoit, 111
Garryowen Road, Miles City, Montana
59301. Comments or questions may also
be sent by facsimile to the attention of
Dan Benoit at (406) 232–7004; or sent
electronically to:
MT_Miles_City_FO@BLM.gov. Please
put Spring Creek LBA Tract/Dan Benoit
in the subject line.
FOR FURTHER INFORMATION CONTACT: Dan
Benoit, geologist, or Rebecca Spurgin,
coal coordinator, at (406) 233–3646 or
(406) 896–5080, respectively.
E:\FR\FM\05DEN1.SGM
05DEN1
Federal Register / Vol. 71, No. 233 / Tuesday, December 5, 2006 / Notices
Members
of the public may examine documents
pertinent to this proposal by visiting the
Miles City Field Office during its
business hours (7:45 a.m. to 4:30 p.m.),
Monday through Friday, except
holidays. Also, copies of the EA are
available for inspection or provided
upon request. Spring Creek Coal
Company (SCCC) filed an application to
lease Federal coal on the Lease by
Application (LBA) which is adjacent to
the Spring Creek Mine on March 7,
2005. The Powder River Regional Coal
Team reviewed this lease application at
a public meeting held on April 27, 2005,
in Gillette, Wyoming, and
recommended that BLM process it. The
application includes approximately
121.4 million tons of recoverable
Federal coal with an average coal
quality of: 9,350 BTU/lb., 0.34% sulfur,
and 3.8% ash. The Federal LBA consists
of the coal found underlying the
following lands in Big Horn County,
Montana:
SUPPLEMENTARY INFORMATION:
ycherry on PROD1PC64 with NOTICES
T. 8 S., R. 39 E., P.M.M.
Sec. 13: SW1⁄4NW1⁄4NW1⁄4, SW1⁄4NW1⁄4,
SW1⁄4SE1⁄4NW1⁄4, N1⁄2SW1⁄4,
N1⁄2SW1⁄4SW1⁄4, N1⁄2SE1⁄4SW1⁄4SW1⁄4,
SE1⁄4SE1⁄4SW1⁄4SW1⁄4, SE1⁄4SW1⁄4,
NW1⁄4NW1⁄4SE1⁄4, S1⁄2NW1⁄4SE1⁄4,
N1⁄2SW1⁄4SE1⁄4, SW1⁄4SW1⁄4SE1⁄4; Sec. 14:
NW1⁄4NE1⁄4NE1⁄4, S1⁄2NE1⁄4NE1⁄4,
NW1⁄4NE1⁄4, S1⁄2NE1⁄4, SE1⁄4NE1⁄4NW1⁄4,
NE1⁄4SW1⁄4NW1⁄4, N1⁄2SE1⁄4NW1⁄4,
N1⁄2NE1⁄4SE1⁄4, N1⁄2S1⁄2NE1⁄4SE1⁄4,
S1⁄2SE1⁄4NE1⁄4SE1⁄4, NE1⁄4NE1⁄4SE1⁄4SE1⁄4;
Sec. 15: NW1⁄4SW1⁄4SE1⁄4, S1⁄2SW1⁄4SE1⁄4;
Sec. 22: NE1⁄4NE1⁄4, N1⁄2NW1⁄4NE1⁄4,
SE1⁄4NW1⁄4NE1⁄4, NE1⁄4SE1⁄4NE1⁄4,
NE1⁄4NE1⁄4NW1⁄4; Sec. 23:
SW1⁄4SW1⁄4NW1⁄4NE1⁄4, S1⁄2N1⁄2NW1⁄4,
S1⁄2NW1⁄4; Sec. 24: N1⁄2NE1⁄4NW1⁄4; Sec.
25: SW1⁄4SW1⁄4; Sec. 26:
SW1⁄4NE1⁄4NE1⁄4SW1⁄4,
W1⁄2NW1⁄4NE1⁄4SW1⁄4,
SE1⁄4NW1⁄4NE1⁄4SW1⁄4, S1⁄2NE1⁄4SW1⁄4,
NW1⁄4SW1⁄4, N1⁄2SE1⁄4SW1⁄4,
S1⁄2NW1⁄4SE1⁄4, S1⁄2SE1⁄4; Sec. 27:
SW1⁄4NW1⁄4SE1⁄4NE1⁄4, S1⁄2SE1⁄4NE1⁄4,
NW1⁄4NE1⁄4SW1⁄4NE1⁄4,
S1⁄2NE1⁄4SW1⁄4NE1⁄4, W1⁄2SW1⁄4NE1⁄4,
SE1⁄4SW1⁄4NE1⁄4, E1/2SE1⁄4NW1⁄4,
N1⁄2NE1⁄4SE1⁄4, SE1⁄4NE1⁄4SE1⁄4,
NE1⁄4NW1⁄4SE1⁄4.
T. 8 S., R. 40 E., P.M.M.
Sec. 30: S1⁄2NW1⁄4SE1⁄4, S1⁄2SE1⁄4.
Containing 1,207.50 acres more or less.
The surface estate of W1⁄2NE1⁄4SE1⁄4
and SE1⁄4NE1⁄4SE1⁄4 of Section 13, and
the NE1⁄4SE1⁄4NE1⁄4 of Section 22 and
the SW1⁄4NW1⁄4 of Section 23, T. 8 S.,
R. 39 E., containing 80.0 acres, more or
less, is owned by the Federal
government and administered by the
BLM. The remainder of the surface
estate is privately owned.
Approximately 322 acres of the tract are
unsuitable for mining due to the
presence of no-coal zones and
VerDate Aug<31>2005
15:14 Dec 04, 2006
Jkt 211001
structures. These lands are included in
the tract to allow recovery of all
mineable coal outside of the rail line
and to comply with the Federal coal
leasing regulations.
SCCC proposes to mine the tract as a
part of the Spring Creek Mine. The
Federal coal included in the LBA Tract
would extend the life of the Spring
Creek Mine about eight years based
upon an average annual production rate
of 15 million tons.
The Spring Creek Mine is operating
under approved mining permits from
the Montana Department of
Environmental Quality. The Office of
Surface Mining Reclamation and
Enforcement (OSM) is a cooperating
agency in the preparation of the EA. If
the LBA Tract is leased to the applicant,
the new lease must be incorporated into
the existing mining and reclamation
plan for the adjacent mine and the
Secretary of the Interior must approve
the revision to the Mineral Leasing Act
(MLA) mining plan before the Federal
coal in the tract can be mined. OSM is
the Federal agency that would be
responsible for recommending approval,
approval with conditions, or
disapproval of the revised MLA mining
plan to the Office of the Secretary of the
Interior, if this tract is leased.
The BLM will provide interested
parties the opportunity to submit
comments or relevant information or
both. The EA consists of an analysis of
environmental impacts that could result
from leasing Federal coal and the
alternatives. Issues that have been raised
during processing previous EAs in the
Montana PRB include: Potential impacts
to cultural resource sites; potential
impacts to big game herds; potential
impacts to sage grouse and raptors; the
need to consider the cumulative impacts
of coal leasing decisions combined with
other existing and proposed
development in the Montana PRB; and
potential site specific and cumulative
impacts on air and water quality.
Comments on the FMV, and MER
should address, but are not limited to,
the following factors:
1. The method of mining to be
employed in order to obtain MER;
2. The method of determining FMV
for the coal to be offered;
3. The quality and quantity of the coal
resource;
4. If this resource is likely to be mined
as part of an existing mine;
5. The price that the mined coal
would bring when sold;
6. Costs, including mining and
reclamation, of producing the coal and
the times of production and impacts the
leasehold may have on the area;
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
70527
7. Depreciation and other tax counting
factors;
8. The percentage rate at which
anticipated income streams should be
discounted, either in the absence of
inflation or with inflation, in which case
the anticipated rate of inflation should
be given;
9. Any comparable sales data of
similar coal lands; and
10. Restrictions to mining which may
affect coal recovery.
The values given above may or may
not change as a result of comments
received from the public and changes in
market conditions between now and
when final economic evaluations are
completed. As provided by 43 CFR
3422.1(a), proprietary data marked as
confidential may be provided in
response to this solicitation of public
comments. Data so marked shall be
treated in accordance with the laws and
regulations governing the
confidentiality of such information. A
copy of the comments submitted by the
public on FMV and MER, except those
portions identified as proprietary and
meeting exemptions stated in the
Freedom of Information Act (FOIA), will
be available for public inspection at the
Bureau of Land Management office
noted above.
If you wish to withhold your name or
address from public review or from
disclosure under the FOIA, you must
state this prominently at the beginning
of your written comments. Such
requests will be honored to the extent
allowed by the FOIA.
All submissions from organizations,
businesses and individuals identifying
themselves as representatives or
officials of organizations or businesses
will be available for public inspection in
its entirety.
Stephen J. Van Matre,
Acting Branch Chief of Solid Minerals,
Montana State Office.
[FR Doc. E6–20546 Filed 12–4–06; 8:45 am]
BILLING CODE 4310–GJ–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NM–120–1430–ET; NMNM 113684]
Notice of Proposed Withdrawal and
Opportunity for Public Meeting; New
Mexico
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: The United States Department
of Agriculture, Forest Service (U.S.
E:\FR\FM\05DEN1.SGM
05DEN1
]]>Agencies
[Federal Register Volume 71, Number 233 (Tuesday, December 5, 2006)]
[Notices]
[Pages 70526-70527]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20546]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[MT-020-1320-EL, MTM 94378]
Notice of Availability of the Spring Creek Coal Company's Lease
by Application MTM 94378 Environmental Assessment, Federal Coal Notice
of Public Hearing, and Request for Environmental Assessment, Maximum
Economic Recovery, and Fair Market Value Comments
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: In accordance with 43 Code of Federal Regulations (CFR)
3425.4, the Bureau of Land Management, Miles City Field Office, Miles
City, Montana, hereby gives notice that an Environmental Assessment
(EA) is available and a public hearing will be held to lease Federal
coal. The EA analyzes and discloses direct, indirect, and cumulative
environmental impacts of issuing competitively a Federal coal lease for
1,207.5 acres in the Bighorn County, Montana. The purpose of the public
hearing is to solicit comments from the public on (1) The proposal to
issue a Federal coal lease; (2) the proposed competitive lease sale;
(3) the Fair Market Value (FMV) of the Federal coal; and (4) Maximum
Economic Recovery (MER) of the Federal coal included in the tracts.
DATES: Written comments must be postmarked by December 27, 2006, and
received by the BLM Miles City Field Office (See ADDRESSES). The public
hearing will be held on December 14, 2006, at 10:30 a.m. requesting
comments on the EA, FMV, and MER in accordance with 43 CFR parts 3422
and 3425.
ADDRESSES: The public hearing will occur at the BLM Montana State
Office (5001 Southgate Drive, Billings, Montana, in the 920 Conference
Room). Written comments or resource information should be addressed to
or hand delivered to the BLM Miles City Field Office, Attn: Dan Benoit,
111 Garryowen Road, Miles City, Montana 59301. Comments or questions
may also be sent by facsimile to the attention of Dan Benoit at (406)
232-7004; or sent electronically to: MT--Miles--City--FO@BLM.gov.
Please put Spring Creek LBA Tract/Dan Benoit in the subject line.
FOR FURTHER INFORMATION CONTACT: Dan Benoit, geologist, or Rebecca
Spurgin, coal coordinator, at (406) 233-3646 or (406) 896-5080,
respectively.
[[Page 70527]]
SUPPLEMENTARY INFORMATION: Members of the public may examine documents
pertinent to this proposal by visiting the Miles City Field Office
during its business hours (7:45 a.m. to 4:30 p.m.), Monday through
Friday, except holidays. Also, copies of the EA are available for
inspection or provided upon request. Spring Creek Coal Company (SCCC)
filed an application to lease Federal coal on the Lease by Application
(LBA) which is adjacent to the Spring Creek Mine on March 7, 2005. The
Powder River Regional Coal Team reviewed this lease application at a
public meeting held on April 27, 2005, in Gillette, Wyoming, and
recommended that BLM process it. The application includes approximately
121.4 million tons of recoverable Federal coal with an average coal
quality of: 9,350 BTU/lb., 0.34% sulfur, and 3.8% ash. The Federal LBA
consists of the coal found underlying the following lands in Big Horn
County, Montana:
T. 8 S., R. 39 E., P.M.M.
Sec. 13: SW\1/4\NW\1/4\NW\1/4\, SW\1/4\NW\1/4\, SW\1/4\SE\1/
4\NW\1/4\, N\1/2\SW\1/4\, N\1/2\SW\1/4\SW\1/4\, N\1/2\SE\1/4\SW\1/
4\SW\1/4\, SE\1/4\SE\1/4\SW\1/4\SW\1/4\, SE\1/4\SW\1/4\, NW\1/
4\NW\1/4\SE\1/4\, S\1/2\NW\1/4\SE\1/4\, N\1/2\SW\1/4\SE\1/4\, SW\1/
4\SW\1/4\SE\1/4\; Sec. 14: NW\1/4\NE\1/4\NE\1/4\, S\1/2\NE\1/4\NE\1/
4\, NW\1/4\NE\1/4\, S\1/2\NE\1/4\, SE\1/4\NE\1/4\NW\1/4\, NE\1/
4\SW\1/4\NW\1/4\, N\1/2\SE\1/4\NW\1/4\, N\1/2\NE\1/4\SE\1/4\, N\1/
2\S\1/2\NE\1/4\SE\1/4\, S\1/2\SE\1/4\NE\1/4\SE\1/4\, NE\1/4\NE\1/
4\SE\1/4\SE\1/4\; Sec. 15: NW\1/4\SW\1/4\SE\1/4\, S\1/2\SW\1/4\SE\1/
4\; Sec. 22: NE\1/4\NE\1/4\, N\1/2\NW\1/4\NE\1/4\, SE\1/4\NW\1/
4\NE\1/4\, NE\1/4\SE\1/4\NE\1/4\, NE\1/4\NE\1/4\NW\1/4\; Sec. 23:
SW\1/4\SW\1/4\NW\1/4\NE\1/4\, S\1/2\N\1/2\NW\1/4\, S\1/2\NW\1/4\;
Sec. 24: N\1/2\NE\1/4\NW\1/4\; Sec. 25: SW\1/4\SW\1/4\; Sec. 26:
SW\1/4\NE\1/4\NE\1/4\SW\1/4\, W\1/2\NW\1/4\NE\1/4\SW\1/4\, SE\1/
4\NW\1/4\NE\1/4\SW\1/4\, S\1/2\NE\1/4\SW\1/4\, NW\1/4\SW\1/4\, N\1/
2\SE\1/4\SW\1/4\, S\1/2\NW\1/4\SE\1/4\, S\1/2\SE\1/4\; Sec. 27:
SW\1/4\NW\1/4\SE\1/4\NE\1/4\, S\1/2\SE\1/4\NE\1/4\, NW\1/4\NE\1/
4\SW\1/4\NE\1/4\, S\1/2\NE\1/4\SW\1/4\NE\1/4\, W\1/2\SW\1/4\NE\1/4\,
SE\1/4\SW\1/4\NE\1/4\, E1/2SE\1/4\NW\1/4\, N\1/2\NE\1/4\SE\1/4\,
SE\1/4\NE\1/4\SE\1/4\, NE\1/4\NW\1/4\SE\1/4\.
T. 8 S., R. 40 E., P.M.M.
Sec. 30: S\1/2\NW\1/4\SE\1/4\, S\1/2\SE\1/4\.
Containing 1,207.50 acres more or less.
The surface estate of W\1/2\NE\1/4\SE\1/4\ and SE\1/4\NE\1/4\SE\1/
4\ of Section 13, and the NE\1/4\SE\1/4\NE\1/4\ of Section 22 and the
SW\1/4\NW\1/4\ of Section 23, T. 8 S., R. 39 E., containing 80.0 acres,
more or less, is owned by the Federal government and administered by
the BLM. The remainder of the surface estate is privately owned.
Approximately 322 acres of the tract are unsuitable for mining due to
the presence of no-coal zones and structures. These lands are included
in the tract to allow recovery of all mineable coal outside of the rail
line and to comply with the Federal coal leasing regulations.
SCCC proposes to mine the tract as a part of the Spring Creek Mine.
The Federal coal included in the LBA Tract would extend the life of the
Spring Creek Mine about eight years based upon an average annual
production rate of 15 million tons.
The Spring Creek Mine is operating under approved mining permits
from the Montana Department of Environmental Quality. The Office of
Surface Mining Reclamation and Enforcement (OSM) is a cooperating
agency in the preparation of the EA. If the LBA Tract is leased to the
applicant, the new lease must be incorporated into the existing mining
and reclamation plan for the adjacent mine and the Secretary of the
Interior must approve the revision to the Mineral Leasing Act (MLA)
mining plan before the Federal coal in the tract can be mined. OSM is
the Federal agency that would be responsible for recommending approval,
approval with conditions, or disapproval of the revised MLA mining plan
to the Office of the Secretary of the Interior, if this tract is
leased.
The BLM will provide interested parties the opportunity to submit
comments or relevant information or both. The EA consists of an
analysis of environmental impacts that could result from leasing
Federal coal and the alternatives. Issues that have been raised during
processing previous EAs in the Montana PRB include: Potential impacts
to cultural resource sites; potential impacts to big game herds;
potential impacts to sage grouse and raptors; the need to consider the
cumulative impacts of coal leasing decisions combined with other
existing and proposed development in the Montana PRB; and potential
site specific and cumulative impacts on air and water quality.
Comments on the FMV, and MER should address, but are not limited
to, the following factors:
1. The method of mining to be employed in order to obtain MER;
2. The method of determining FMV for the coal to be offered;
3. The quality and quantity of the coal resource;
4. If this resource is likely to be mined as part of an existing
mine;
5. The price that the mined coal would bring when sold;
6. Costs, including mining and reclamation, of producing the coal
and the times of production and impacts the leasehold may have on the
area;
7. Depreciation and other tax counting factors;
8. The percentage rate at which anticipated income streams should
be discounted, either in the absence of inflation or with inflation, in
which case the anticipated rate of inflation should be given;
9. Any comparable sales data of similar coal lands; and
10. Restrictions to mining which may affect coal recovery.
The values given above may or may not change as a result of
comments received from the public and changes in market conditions
between now and when final economic evaluations are completed. As
provided by 43 CFR 3422.1(a), proprietary data marked as confidential
may be provided in response to this solicitation of public comments.
Data so marked shall be treated in accordance with the laws and
regulations governing the confidentiality of such information. A copy
of the comments submitted by the public on FMV and MER, except those
portions identified as proprietary and meeting exemptions stated in the
Freedom of Information Act (FOIA), will be available for public
inspection at the Bureau of Land Management office noted above.
If you wish to withhold your name or address from public review or
from disclosure under the FOIA, you must state this prominently at the
beginning of your written comments. Such requests will be honored to
the extent allowed by the FOIA.
All submissions from organizations, businesses and individuals
identifying themselves as representatives or officials of organizations
or businesses will be available for public inspection in its entirety.
Stephen J. Van Matre,
Acting Branch Chief of Solid Minerals, Montana State Office.
[FR Doc. E6-20546 Filed 12-4-06; 8:45 am]
BILLING CODE 4310-GJ-P
