Notice of Realty Action; Recreation and Public Purposes Act Classification for Conveyance of Public Land in Emery County, UT, 53339-53340 [2010-21717]

Download as PDF Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices may be a recreational vehicle (RV), camper, or vehicle with a camp trailer. No more than eight people are allowed per site. b. Double campsites 1, 3, and 6 can accommodate no more than four vehicles, only two of which may be an RV, camper, or vehicle with a camp trailer. No more than 16 people are allowed per double campsite. For all double campsites, the standard campsite fee must be doubled. c. All camping is subject to a 5-day stay limit. d. The campsite may only be occupied nightly by registered parties. e. Horses must be kept outside the recreation site and campground. All pets must be on a leash not longer than 6 feet and secured to a fixed object or under the control of a person, or otherwise physically restricted at all times. f. You must keep and leave your camp clean. Do not throw trash into the river, fire rings, or vault toilets. g. Fires must be fully contained in a metal fire grate, fire pan, or other metal device to contain ashes. h. Do not damage buildings, signs, trees, vegetation or other facilities. i. Visitors must obey quiet hours from 10 p.m. until 7 a.m. Do not use generators, radios, or other noisy devices during quiet hours. j. Overnight visitors must return to the campground by 10 p.m. The entrance gate will be locked from 10 p.m. until 7 a.m. to prevent non-campers from entering. k. You must not enter Kelly Island Campground via an OHV. Do not remove OHVs from trailers at Kelly Island Campground. 12. Other Use Authorizations You must not violate any terms, conditions or stipulations of any permit or other authorization issued for special use of these public lands. srobinson on DSKHWCL6B1PROD with NOTICES Exceptions The prohibition on the use of firearms in rule 1(a) does not prohibit hunting by licensed hunters in legitimate pursuit of wild game during the proper season with appropriate firearms, as permitted by Idaho Department of Fish and Game, within all developed recreation site boundaries after October 1. Hunting is prohibited within the Kelly Island Campground boundaries until the campground is closed for the season (closure timeframe varies), after which hunting by licensed hunters in legitimate pursuit of wild game is permitted within the boundaries. The gate must be closed and locked for the season before hunting (by foot) is VerDate Mar<15>2010 16:33 Aug 30, 2010 Jkt 220001 permitted within the Kelly Island Campground boundaries. Campground closure will be advertised at the Eastern Idaho Visitor Center, the BLM Upper Snake Field Office, and at the following BLM recreation Web site: (http:// www.blm.gov/id/st/en/fo/upper_snake/ recreation_sites_html). Definitions: For the purpose of these supplementary rules, the following definitions apply unless modified within a specific part or regulation: Camping means erecting a tent or a shelter of natural or synthetic materials, preparing a sleeping bag or other bedding material for use, or parking a motor vehicle, motor home, or trailer for the purpose or apparent purpose of overnight occupancy. Designated campsite means a specific location identified by the BLM for camping. Designated campsites could include individual sites in developed campgrounds and developed recreation sites for camping that may or may not contain picnic tables, shelters, parking sites, and/or grills. All designated campsites are identified by a BLM map or sign. Developed recreational site means any site or area that contains structures or capital improvements primarily used by the public for recreation purposes. Such areas or sites may include: delineated spaces or areas for parking, camping or boat launching; sanitation facilities; potable water; grills or fire rings; tables; or controlled access. Off-highway vehicle (OHV) means any motorized vehicle capable of or designated for travel on or immediately over land, water, or other natural terrain, excluding: (1) Any nonamphibious registered motorboat; (2) any military, fire, emergency, or law enforcement vehicle while being used for emergency purposes; (3) any vehicle whose use is expressly authorized by the authorized officer, or otherwise officially approved; (4) vehicles in official use; and (5) any combat or combat-support vehicle when used in times of national defense emergencies. Penalties: Under section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)) and 43 CFR 8360.0–7, any person who violates any of these supplementary rules may be tried before a United States Magistrate and fined up to $1,000 or imprisoned for no more than 12 months. Such violations may also be subject to the enhanced fines provided for by 18 U.S.C. 3571. Peter J. Ditton, Acting Idaho BLM State Director. [FR Doc. 2010–21720 Filed 8–30–10; 8:45 am] BILLING CODE 4310–GG–P PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 53339 DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLUTG02000.L14300000. FR0000.241A.00; UTU–83290] Notice of Realty Action; Recreation and Public Purposes Act Classification for Conveyance of Public Land in Emery County, UT Bureau of Land Management, Interior. ACTION: Notice of Realty Action. AGENCY: The Bureau of Land Management (BLM) has examined and found suitable for classification for conveyance to Emery County under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, a parcel of public land in Emery County, Utah. Emery County proposes to expand their existing landfill. DATES: Interested parties may submit written comments regarding this classification for conveyance of public land until October 15, 2010. ADDRESSES: Comments may be submitted to the Bureau of Land Management, Price Field Office, 125 South 600 West, Price, Utah 84501 or via e-mail: UT_PR_Comments@blm.gov. Please reference ‘‘Conveyance of Federal Land to Emery County for Expansion of an Existing Landfill’’ on all correspondence. FOR FURTHER INFORMATION CONTACT: Connie Leschin, BLM Price Field Office at (435) 636–3610 or by e-mail at Connie_Leschin@blm.gov. SUMMARY: The BLM has examined and found the following described public land suitable for classification and conveyance under the provisions of the R&PP Act, as amended (43 U.S.C. 869 et seq.), and 43 CFR part 2740: SUPPLEMENTARY INFORMATION: Salt Lake Meridian T. 18 S., R. 8 E., Sec. 9, SE1⁄4;. The area described contains 160 acres in Emery County. The land is not needed for any Federal purpose. The classification is consistent with the BLM Price Resource Management Plan, Lands and Realty Decision LAR–11, dated October 31, 2008, and is in the public interest. An environmental assessment has been prepared that analyzes the Emery County application and proposed plans of development and management. A conveyance would be subject to the provisions of the R&PP Act, applicable regulations of the Secretary of the Interior, including, but not limited to 43 E:\FR\FM\31AUN1.SGM 31AUN1 srobinson on DSKHWCL6B1PROD with NOTICES 53340 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices CFR subpart 2743 and the following reservations to the United States: 1. A right-of-way thereon for ditches or canals constructed by the authority of the United States, Act of August 30, 1890 (43 U.S.C. 945). 2. All minerals, together with the right to prospect for, mine, and remove such deposits from the same under applicable law and such regulations as the Secretary of the Interior may prescribe including all necessary access and exit rights. A conveyance would also be subject to the following terms and conditions: 1. All valid existing rights. 2. An indemnification clause protecting the United States from claims arising out of the patentee’s use, occupancy, or operations on the land. 3. A limited reversionary provision stating 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 5 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. Upon publication of this notice in the Federal Register, the lands described above are segregated from all other forms of appropriation under the public land laws, including the general mining laws, except for conveyance under the R&PP Act. Classification Comments: Interested parties may submit comments involving the suitability of the land for the expansion of the existing county 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 whether the use is consistent with state and Federal programs. Application Comments: Interested parties may submit comments regarding the specific use proposed in the application, or any other factors not directly related to the suitability of the land for a county landfill. 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 VerDate Mar<15>2010 16:33 Aug 30, 2010 Jkt 220001 to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. The BLM State Director will review any adverse comments. In the absence of any adverse comments, the classification will become effective November 1, 2010. The lands will not be available for conveyance until after the classification becomes effective, and until a determination of significance and decision record have been signed for the completed Environmental Assessment. Authority: 43 CFR 2741.5(h). Approved: Jeff Rawson, Associate State Director. [FR Doc. 2010–21717 Filed 8–30–10; 8:45 am] BILLING CODE 4310–DQ–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement Request for Determination of Valid Existing Rights Within the Daniel Boone National Forest, Kentucky Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Notice and request for comment. AGENCY: We, the Office of Surface Mining Reclamation and Enforcement (OSM), are providing opportunity for the public to comment on a request for a determination of valid existing rights (VER) to conduct surface coal mining operations on approximately 175 acres of land owned by the U.S. Forest Service within the Daniel Boone National Forest in Clay County, Kentucky. SUMMARY: We will accept electronic or written comments until 4 p.m. Eastern time on September 30, 2010. Requests for an extension of the comment period must be received by the same time. ADDRESSES: You may submit comments by any of the following methods: • Mail/Hand-Deliver/Courier: Joseph L. Blackburn, Director, Lexington Field Office, 2675 Regency Road, Lexington, Kentucky 40503. • E-mail: jblackburn@osmre.gov. For detailed instructions on submitting comments, see ‘‘V. How do I submit comments on the request?’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Joseph L. Blackburn, Director, Lexington Field Office, 2675 Regency Road, Lexington, Kentucky 40503. Telephone: DATES: PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 (859) 260–3900. Fax: (859) 260–8410. Email: jblackburn@osmre.gov. SUPPLEMENTARY INFORMATION: I. What is the nature of the VER determination request? II. What legal requirements apply to this request? III. What information is available relevant to the basis for the request? IV. How will we process the request? V. How do I submit comments on the request? I. What is the nature of the VER determination request? On June 7, 2010, the law offices of Napier & Associates, P.S.C., submitted a request on behalf of Jack Smith, Jerry Smith and Leovie Smith, for a determination of VER to conduct surface coal mining operations on approximately 175 acres of land owned by the U.S. Forest Service within the Daniel Boone National Forest in Clay County, Kentucky. Jack Smith, et al. is seeking a determination of VER pursuant to the ‘‘good faith/all permits’’ standard in accordance with 30 CFR 761.16(b)(2). II. What legal requirements apply to this request? Section 522(e)(2) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act), 30 U.S.C. 1272(e)(2), prohibits surface coal mining operations on Federal lands within the boundaries of any national forest, with two exceptions. The first exception pertains to surface operations and impacts incidental to an underground coal mine. The second relates to surface operations on lands within national forests west of the 100th meridian. Neither of those exceptions applies to the request now under consideration. The introductory paragraph of section 522(e) also provides two general exceptions to the prohibitions on surface coal mining operations in that section. Those exceptions apply to operations in existence on the date of enactment of the Act (August 3, 1977) and to land for which a person has VER. SMCRA does not define VER. We subsequently adopted regulations defining VER and clarifying that, for lands that come under the protection of 30 CFR 761.11 and section 522(e) after the date of enactment of SMCRA, the applicable date is the date that the lands came under protection, not August 3, 1977. On December 17, 1999 (64 FR 70766– 70838), we adopted a revised definition of VER, established a process for submission and review of requests for VER determinations, and otherwise modified the regulations implementing E:\FR\FM\31AUN1.SGM 31AUN1

Agencies

[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Notices]
[Pages 53339-53340]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21717]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLUTG02000.L14300000. FR0000.241A.00; UTU-83290]


Notice of Realty Action; Recreation and Public Purposes Act 
Classification for Conveyance of Public Land in Emery County, UT

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: The Bureau of Land Management (BLM) has examined and found 
suitable for classification for conveyance to Emery County under the 
provisions of the Recreation and Public Purposes (R&PP) Act, as 
amended, a parcel of public land in Emery County, Utah. Emery County 
proposes to expand their existing landfill.

DATES: Interested parties may submit written comments regarding this 
classification for conveyance of public land until October 15, 2010.

ADDRESSES: Comments may be submitted to the Bureau of Land Management, 
Price Field Office, 125 South 600 West, Price, Utah 84501 or via e-
mail: UT_PR_Comments@blm.gov. Please reference ``Conveyance of 
Federal Land to Emery County for Expansion of an Existing Landfill'' on 
all correspondence.

FOR FURTHER INFORMATION CONTACT: Connie Leschin, BLM Price Field Office 
at (435) 636-3610 or by e-mail at Connie_Leschin@blm.gov.

SUPPLEMENTARY INFORMATION: The BLM has examined and found the following 
described public land suitable for classification and conveyance under 
the provisions of the R&PP Act, as amended (43 U.S.C. 869 et seq.), and 
43 CFR part 2740:

Salt Lake Meridian

T. 18 S., R. 8 E.,
    Sec. 9, SE\1/4\;.

    The area described contains 160 acres in Emery County.

    The land is not needed for any Federal purpose. The classification 
is consistent with the BLM Price Resource Management Plan, Lands and 
Realty Decision LAR-11, dated October 31, 2008, and is in the public 
interest. An environmental assessment has been prepared that analyzes 
the Emery County application and proposed plans of development and 
management. A conveyance would be subject to the provisions of the R&PP 
Act, applicable regulations of the Secretary of the Interior, 
including, but not limited to 43

[[Page 53340]]

CFR subpart 2743 and the following reservations to the United States:
    1. A right-of-way thereon for ditches or canals constructed by the 
authority of the United States, Act of August 30, 1890 (43 U.S.C. 945).
    2. All minerals, together with the right to prospect for, mine, and 
remove such deposits from the same under applicable law and such 
regulations as the Secretary of the Interior may prescribe including 
all necessary access and exit rights.
    A conveyance would also be subject to the following terms and 
conditions:
    1. All valid existing rights.
    2. An indemnification clause protecting the United States from 
claims arising out of the patentee's use, occupancy, or operations on 
the land.
    3. A limited reversionary provision stating 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 5 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.
    Upon publication of this notice in the Federal Register, the lands 
described above are segregated from all other forms of appropriation 
under the public land laws, including the general mining laws, except 
for conveyance under the R&PP Act.
    Classification Comments: Interested parties may submit comments 
involving the suitability of the land for the expansion of the existing 
county 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 whether the use is 
consistent with state and Federal programs.
    Application Comments: Interested parties may submit comments 
regarding the specific use proposed in the application, or any other 
factors not directly related to the suitability of the land for a 
county landfill.
    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. The BLM State Director will review any adverse comments. 
In the absence of any adverse comments, the classification will become 
effective November 1, 2010.
    The lands will not be available for conveyance until after the 
classification becomes effective, and until a determination of 
significance and decision record have been signed for the completed 
Environmental Assessment.

    Authority:  43 CFR 2741.5(h).

    Approved:
Jeff Rawson,
Associate State Director.
[FR Doc. 2010-21717 Filed 8-30-10; 8:45 am]
BILLING CODE 4310-DQ-P