Notice of Realty Action: Recreation and Public Purposes Act Classification and Conveyance of Public Land; Jackson County, CO, 25301-25302 [2013-10086]

Download as PDF Federal Register / Vol. 78, No. 83 / Tuesday, April 30, 2013 / Notices DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLNV930000 L5101000.ER0000 LVRWF09F8570 241A; 13–08807; MO#4500049868; TAS: 14X5017] Notice of Intent To Prepare a Draft Supplemental Environmental Impact Statement for the Ruby Pipeline Project, NV Bureau of Land Management, Interior. ACTION: Notice of Intent. AGENCY: SUMMARY: As directed by the United States Court of Appeals for the Ninth Circuit, the Bureau of Land Management (BLM) is preparing a Draft Supplemental Environmental Impact Statement (EIS) for the Ruby Pipeline Project to respond to the court’s direction and provide a revised cumulative-effects analysis under the National Environmental Policy Act (NEPA). pmangrum on DSK3VPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Mark Mackiewicz, Project Manager, at 435–636–3616, Bureau of Land Management Price Field Office, 125 South 600 West, Price, Utah 84501; email mmackiew@blm.gov. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: The Federal Energy Regulatory Commission (FERC) is responsible for authorizing construction and operation of interstate natural gas pipelines. The FERC issues Certificates of Public Convenience and Necessity (Certificate) for natural gas pipelines under Section 7 of the Natural Gas Act of 1938 (NGA), as amended, and authorizes construction and siting of facilities for the import or export of natural gas under Section 3 of the NGA. The FERC also authorizes construction and operation of natural gas pipelines per the Natural Gas Policy Act of 1978 (15 U.S.C. 3341–3348). Accordingly, the FERC served as the Lead Agency for Ruby Pipeline, LLC.’s (Ruby) application for the Ruby Pipeline Project. The FERC used the Final EIS it prepared according to the NEPA (January 28, 2010) to issue its Certificate for the Ruby Pipeline Project on April 5, 2010. The Certificate authorized Ruby to construct an approximately 678 mile, VerDate Mar<15>2010 13:22 Apr 29, 2013 Jkt 229001 42-inch interstate natural gas pipeline that crosses 368 miles of Federal land beginning near Opal, Wyoming, extending through northern Utah and northern Nevada, and terminating near Malin, Oregon. The BLM has primary responsibility for issuing right-of-way (ROW) grants and temporary use permits for natural gas pipelines across most Federal lands pursuant to Section 28 of the Mineral Leasing Act of 1920 (MLA), as amended (30 U.S.C. 185 et seq.). Ruby applied to the BLM for a ROW grant for the Ruby Pipeline Project on December 3, 2007. The Federal lands crossed or used as access for the project include lands managed by the BLM; Bureau of Reclamation (Reclamation); and the United States Department of Agriculture, Forest Service (USFS), specifically the Fremont-Winema National Forests, the Uinta-WasatchCache National Forest, and the Modoc National Forest; and the United States Fish and Wildlife Service, specifically the Sheldon National Wildlife Refuge. Based on the Final EIS issued by the FERC, the BLM issued a Ruby Pipeline Project Record of Decision (ROD) and ROW grant for the use of lands under the administration of the BLM, Reclamation and the USFS on July 7, 2010. The project has been constructed and is currently in operation. However, the BLM Ruby Pipeline Project ROD was challenged, and on January 4, 2013, the Ninth Circuit Court of Appeals found that the Ruby Pipeline Final EIS does not provide sufficient quantified or detailed data about the cumulative loss of sagebrush steppe vegetation and habitat. The court remanded the 2010 ROD to the BLM to undertake a revised cumulative effects analysis (Center for Biological Diversity, et al. v. U.S. Bureau of Land Mgmt, et al.). The BLM is preparing a Draft Supplemental EIS to correct the deficiencies identified by the court. The Draft Supplemental EIS will include supplemental information about the original and present condition of the sagebrush steppe habitat and analyze the cumulative impacts of the project based on the supplemental information. The BLM will follow the process generally described in 40 CFR 1502.9, which requires preparation of a draft and final Supplemental EIS with the exception of a formal scoping period. A 45-day public comment period will be provided and will be announced in a Notice of Availability for the Draft Supplemental EIS. If appropriate, the BLM will utilize and coordinate the NEPA commenting process to satisfy the public PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 25301 involvement process for Section 106 of the National Historic Preservation Act (16 U.S.C. 470f) as provided for in 36 CFR 800.2(d)(3) and Secretarial Order 3317. Native American tribal consultations will be conducted in accordance with policy, and tribal concerns will be given due consideration, including impacts on Indian trust assets. In accordance with 40 CFR 1502.9(c)(4) formal scoping will not be conducted. Federal, State, and local agencies with expertise regarding the sagebrush-steppe ecosystem or ROW concurrence authority may request cooperating agency status. Authority: 40 CFR 1502.9, 43 CFR part 2880. Amy Lueders, Nevada State Director. [FR Doc. 2013–10120 Filed 4–29–13; 8:45 am] BILLING CODE 4310–HC–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCON020000 L14300000.FR0000; COC– 73927] Notice of Realty Action: Recreation and Public Purposes Act Classification and Conveyance of Public Land; Jackson County, CO Bureau of Land Management, Interior. ACTION: Notice of Realty Action. AGENCY: SUMMARY: The Bureau of Land Management (BLM) has examined and found suitable for classification and conveyance to Jackson County, under the provisions of the Recreation and Public Purposes Act (R&PP), as amended, and the Taylor Grazing Act, approximately 127.63 acres of public land in Jackson County, Colorado. The Jackson County Commissioners propose to use the land for a public shooting range. Interested parties may submit written comments regarding the proposed classification for conveyance until June 14, 2013. ADDRESSES: Please submit your written comments to the Field Manager, BLM Kremmling Field Office, P.O. Box 68, Kremmling, CO 80459. Comments received in electronic form such as email or facsimile will not be considered. DATES: FOR FURTHER INFORMATION CONTACT: Annie Sperandio, Realty Specialist, by telephone 970–724–3062, or at the address above. Persons who use a E:\FR\FM\30APN1.SGM 30APN1 25302 Federal Register / Vol. 78, No. 83 / Tuesday, April 30, 2013 / Notices telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: In accordance with Section 7 of the Taylor Grazing Act, (43 U.S.C. 315(f)) and Executive Order No. 6910, the following described public land in Jackson County, Colorado, has been examined and found suitable for classification and conveyance under the provisions of the R&PP Act, as amended, (43 U.S.C. 869 et seq.): pmangrum on DSK3VPTVN1PROD with NOTICES Sixth Principal Meridian T. 9 N., R. 78 W., Sec. 19, lots 22, 26, 27, 29, and 31. T. 9 N., R. 79 W., Sec. 24, lots 1 and 6. The area described contains 127.63 acres in Jackson County, Colorado. A cadastral dependent resurvey was approved and accepted on July 15, 2011. In accordance with the R&PP Act, the Jackson County Commissioners filed an R&PP application to develop the abovedescribed land as a public shooting range. The BLM conducted a Phase I Environmental Site Assessment on December 10, 2012. No hazardous substances, petroleum products, or recognized environmental conditions were identified on the parcel; no further inquiry is needed to assess Recognized Environmental Conditions. The land is not needed for any Federal purpose. The classification is consistent with the BLM Kremmling Record of Decision and Approved Resource Management Plan dated December 19, 1984, and is in the public interest. The BLM has prepared an environmental assessment analyzing the Jackson County application and the proposed development and management plans. Conveyance of the land would complement Jackson County’s plans to have a public shooting range for its citizens and out-of-county, out-of-state visitors who come seasonally to North Park to hunt water fowl, upland small game and birds, or big game. A conveyance will be subject to the provisions of the R&PP Act, applicable regulations prescribed by the Secretary of the Interior, and the following reservations to the United States: 1. A reservation to the United States 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). VerDate Mar<15>2010 13:22 Apr 29, 2013 Jkt 229001 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, along with all necessary access rights and exit rights. A conveyance will be subject to the following terms and conditions: 1. All valid existing rights documented on the official public land records at the time of patent issuance. 2. A right-of-way across the abovedescribed lands for a road granted to the BLM, its successors or assigns, by rightof-way COC–57865 pursuant to the Act of October 21, 1976 (90 Stat. 2776, 43 U.S.C. 1761). 3. Any other valid rights-of-way that may exist at the time of conveyance. 4. A limited reversionary provision that states 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 land in accordance with the approved plan of development 5 years after the date of patent. No portion of the land shall under any circumstances revert to the United States if any such portion had been used for solid waste disposal or for any other purpose that may result in disposal, placement, or release of any hazardous substances. 5. An indemnification clause protecting the United States from claims arising out of the patentee’s use, occupancy, or operations on the land. 6. Pursuant to the requirements established by Section 120(h) of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9620(h)), as amended by the Superfund Amendments and Reauthorization Act of 1988 (100 Stat. 1670), a notice that states the land has been examined and found to have in the past received potentially hazardous materials in the form of lead from target shooting; however, the material has been removed and a Phase I Environmental Site Assessment performed indicates that no hazardous substances remain on the subject property. Upon publication of this notice in the Federal Register, the parcel will be 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. This notice will serve as the twoyear notification to the grazing permittees in grazing allotment 07023. Classification Comments: Interested persons may submit comments on the application of the lands as suitable for development/management as a public PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 shooting range. 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 persons may also submit comments on the application, including the notification of the BLM of any encumbrances or other claim relating to the parcel, and regarding the specific use proposed in the application and plan of development; whether the BLM followed proper administrative procedures in reaching the decision to convey the land under the R&PP Act; or any other factors not directly related to the suitability of the land for a public shooting range. Before including your address, phone number, email address, or any 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. Any adverse comments will be reviewed by the BLM Colorado State Director. In the absence of any adverse comments, this realty action will become effective on July 1, 2013. The land will not be available for conveyance until after the classification becomes effective. Authority: 43 CFR 2741.5. Helen M. Hankins, BLM Colorado State Director. [FR Doc. 2013–10086 Filed 4–29–13; 8:45 am] BILLING CODE 4310–JB–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLNVB00000.L1430000.ES0000 241A; N– 46271, N–51416, N–75424; 13–08807; MO# 4500048559; TAS: 14X1109] Notice of Realty Action: Termination of Recreation and Public Purposes Act Classifications and Opening of Lands in Nye and Esmeralda Counties; NV Bureau of Land Management, Interior. ACTION: Notice. AGENCY: SUMMARY: This notice terminates the existing classifications in their entirety E:\FR\FM\30APN1.SGM 30APN1

Agencies

[Federal Register Volume 78, Number 83 (Tuesday, April 30, 2013)]
[Notices]
[Pages 25301-25302]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10086]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCON020000 L14300000.FR0000; COC-73927]


Notice of Realty Action: Recreation and Public Purposes Act 
Classification and Conveyance of Public Land; Jackson County, CO

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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

SUMMARY: The Bureau of Land Management (BLM) has examined and found 
suitable for classification and conveyance to Jackson County, under the 
provisions of the Recreation and Public Purposes Act (R&PP), as 
amended, and the Taylor Grazing Act, approximately 127.63 acres of 
public land in Jackson County, Colorado. The Jackson County 
Commissioners propose to use the land for a public shooting range.

DATES: Interested parties may submit written comments regarding the 
proposed classification for conveyance until June 14, 2013.

ADDRESSES: Please submit your written comments to the Field Manager, 
BLM Kremmling Field Office, P.O. Box 68, Kremmling, CO 80459. Comments 
received in electronic form such as email or facsimile will not be 
considered.

FOR FURTHER INFORMATION CONTACT: Annie Sperandio, Realty Specialist, by 
telephone 970-724-3062, or at the address above. Persons who use a

[[Page 25302]]

telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 to contact the above 
individual during normal business hours. The FIRS is available 24 hours 
a day, 7 days a week, to leave a message or question with the above 
individual. You will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION: In accordance with Section 7 of the Taylor 
Grazing Act, (43 U.S.C. 315(f)) and Executive Order No. 6910, the 
following described public land in Jackson County, Colorado, has been 
examined and found suitable for classification and conveyance under the 
provisions of the R&PP Act, as amended, (43 U.S.C. 869 et seq.):

Sixth Principal Meridian

T. 9 N., R. 78 W.,
    Sec. 19, lots 22, 26, 27, 29, and 31.
T. 9 N., R. 79 W.,
    Sec. 24, lots 1 and 6.
    The area described contains 127.63 acres in Jackson County, 
Colorado. A cadastral dependent resurvey was approved and accepted 
on July 15, 2011.

    In accordance with the R&PP Act, the Jackson County Commissioners 
filed an R&PP application to develop the above-described land as a 
public shooting range. The BLM conducted a Phase I Environmental Site 
Assessment on December 10, 2012. No hazardous substances, petroleum 
products, or recognized environmental conditions were identified on the 
parcel; no further inquiry is needed to assess Recognized Environmental 
Conditions. The land is not needed for any Federal purpose. The 
classification is consistent with the BLM Kremmling Record of Decision 
and Approved Resource Management Plan dated December 19, 1984, and is 
in the public interest. The BLM has prepared an environmental 
assessment analyzing the Jackson County application and the proposed 
development and management plans.
    Conveyance of the land would complement Jackson County's plans to 
have a public shooting range for its citizens and out-of-county, out-
of-state visitors who come seasonally to North Park to hunt water fowl, 
upland small game and birds, or big game. A conveyance will be subject 
to the provisions of the R&PP Act, applicable regulations prescribed by 
the Secretary of the Interior, and the following reservations to the 
United States:
    1. A reservation to the United States 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 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, along with 
all necessary access rights and exit rights.
    A conveyance will be subject to the following terms and conditions:
    1. All valid existing rights documented on the official public land 
records at the time of patent issuance.
    2. A right-of-way across the above-described lands for a road 
granted to the BLM, its successors or assigns, by right-of-way COC-
57865 pursuant to the Act of October 21, 1976 (90 Stat. 2776, 43 U.S.C. 
1761).
    3. Any other valid rights-of-way that may exist at the time of 
conveyance.
    4. A limited reversionary provision that states 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 land in 
accordance with the approved plan of development 5 years after the date 
of patent. No portion of the land shall under any circumstances revert 
to the United States if any such portion had been used for solid waste 
disposal or for any other purpose that may result in disposal, 
placement, or release of any hazardous substances.
    5. An indemnification clause protecting the United States from 
claims arising out of the patentee's use, occupancy, or operations on 
the land.
    6. Pursuant to the requirements established by Section 120(h) of 
the Comprehensive Environmental Response, Compensation and Liability 
Act (42 U.S.C. 9620(h)), as amended by the Superfund Amendments and 
Reauthorization Act of 1988 (100 Stat. 1670), a notice that states the 
land has been examined and found to have in the past received 
potentially hazardous materials in the form of lead from target 
shooting; however, the material has been removed and a Phase I 
Environmental Site Assessment performed indicates that no hazardous 
substances remain on the subject property.
    Upon publication of this notice in the Federal Register, the parcel 
will be 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. This notice will serve as the two-year 
notification to the grazing permittees in grazing allotment 07023.
    Classification Comments: Interested persons may submit comments on 
the application of the lands as suitable for development/management as 
a public shooting range. 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 persons may also submit comments 
on the application, including the notification of the BLM of any 
encumbrances or other claim relating to the parcel, and regarding the 
specific use proposed in the application and plan of development; 
whether the BLM followed proper administrative procedures in reaching 
the decision to convey the land under the R&PP Act; or any other 
factors not directly related to the suitability of the land for a 
public shooting range.
    Before including your address, phone number, email address, or any 
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.
    Any adverse comments will be reviewed by the BLM Colorado State 
Director. In the absence of any adverse comments, this realty action 
will become effective on July 1, 2013.
    The land will not be available for conveyance until after the 
classification becomes effective.

    Authority: 43 CFR 2741.5.

Helen M. Hankins,
BLM Colorado State Director.
[FR Doc. 2013-10086 Filed 4-29-13; 8:45 am]
BILLING CODE 4310-JB-P
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