Notice of Application for Recordable Disclaimer of Interest in Public Highway Rights-of-Way; Manganese Road in Washington County, UT, 60437-60438 [2019-24448]
Download as PDF
Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Notices
Authority: 43 CFR 1784.4–2.
Dennis C. Teitzel,
Prineville District Manager.
[FR Doc. 2019–24449 Filed 11–7–19; 8:45 am]
BILLING CODE 4310–33–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[19XL5017AR.LLUT921000.L54200000.
BX0000.LVDIJ19J0010; UTU–94260]
Notice of Application for Recordable
Disclaimer of Interest in Public
Highway Rights-of-Way; Manganese
Road in Washington County, UT
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
On May 9, 2019, the State of
Utah and Washington County
(Applicants) filed an application with
the Bureau of Land Management (BLM)
for a Recordable Disclaimer of Interest
(RDI) from the United States in a public
highway right-of-way identified by BLM
Serial Number UTU–94260 for
Manganese Road in Washington County,
Utah. An RDI, if issued, would disclaim
the United States’ interest in this public
highway right-of-way. This Notice is to
notify the public of the pending
application and the Applicants’ grounds
supporting it. Specific details of the
application are provided in the
SUPPLEMENTARY INFORMATION section.
DATES: Submit written comments on
this application on or before December
9, 2019. Public comments may be
mailed or hand delivered to the BLM
office address below. Comments on the
Manganese Road should reference BLM
Serial Number UTU–94260. The BLM
will not consider comments received via
telephone calls or faxes.
ADDRESSES: You may submit comments
via mail or email on the State and
Washington County’s application for an
RDI. Email comments may be submitted
to blm_ut_rdi@blm.gov. Written
comments may be provided to Melinda
Moffitt, Project Manager (R.S. 2477),
BLM Utah State Office (UT–921), 440
West 200 South, Suite 500, Salt Lake
City, Utah 84101–1345.
FOR FURTHER INFORMATION CONTACT:
Melinda Moffitt, Project Manager (R.S.
2477), BLM Utah State Office at the
above address or phone (801) 539–4045
and email to blm_ut_rdi@blm.gov.
Persons who use a telecommunication
device for the deaf (TDD) may call the
Federal Relay Service (FRS) at (800)
877–8339 to contact the above
individual. The FRS is available 24
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:45 Nov 07, 2019
Jkt 250001
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: Section
315 of the Federal Land Policy and
Management Act (FLPMA) of 1976, as
amended (43 U.S.C. 1745), and the
regulations at 43 CFR 1864 authorize the
BLM to issue an RDI where: (1) The
disclaimer will help remove a cloud on
title, and (2) a record interest of the
United States in lands has terminated by
operation of law or is otherwise invalid.
In their application, the Applicants
identify that the BLM’s continued
management and regulation of the
Manganese Road, i.e., the claimed
Revised Statute (R.S.) 2477 (43 U.S.C.
932, repealed October 21, 1976) right-ofway that is the subject of the
application, and the Applicants’ Quiet
Title Act lawsuit that seeks to quiet title
in the road represent a cloud on the
Applicants’ title. Further, the
Applicants assert that they hold a joint
and undivided property interest in the
public highway right-of-way for the
Manganese Road as granted pursuant to
the authority provided by R.S. 2477 over
public lands administered by the BLM.
The Manganese Road is
approximately 10.18 miles in length,
located in western Washington County,
and it extends from the Gunlock Road
west to the Motoqua Road. It crosses
approximately 9.88 miles of public
lands administered by the BLM in
townships 40 south, ranges 17 and 18
west, Salt Lake Meridian, Utah. The RDI
application pertains only to those road
segments across public lands
administered by the BLM. One road
segment is approximately 0.3 miles long
across private property and is not a part
of the application. This private property
segment is the eastern 0.3 mile segment
of the Manganese Road that connects to
the Gunlock Road and crosses sections
28 and 29 of township 40 south, range
17 west, Salt Lake Meridian, Utah.
Application information submitted by
the Applicants indicates that initial use
of Manganese Road began no later than
the 1940s. The road was and currently
is used for grazing, ranching, hunting,
wood gathering, prospecting, recreation,
and general public access in the local
area. The surface of the road is gravel
and native soil and is graded throughout
its length.
The Applicants submitted the
following information with the
application:
1. Narrative description of the
location, characteristics and attributes of
Manganese Road. The travel surface
width ranges from 21 to 68 feet.
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
60437
2. Centerline description of the road
based on Global Positioning System
(GPS) data.
3. Detailed descriptions of the rightof-way passing through public lands
including beginning and end points,
surface type, and disturbed width.
4. Maps showing the location of the
public highway right-of-way.
5. Aerial photography dated 1976.
6. Depositions by seven persons
attesting to the location of the road; its
establishment as a public highway prior
to October 21, 1976; familiarity with the
character and attributes of the road
including type of travel surface,
disturbed width, associated
improvements and ancillary features
such as culverts, cattle-guards, etc.;
current public usage of the road; the
historic and current purposes for which
the road is used; and evidence of
periodic maintenance.
7. Recent photographs and 360 degree
video depictions of the road at various
points along its alignment.
The Applicants did not identify any
known adverse claimants of the public
highway right-of-way.
If approved, the RDI document would
disclaim the United States’ interest in
the public highway right-of-way as of
the date of the disclaimer document.
The BLM’s RDI document would
disclaim the United States’ interest in,
or ownership of, specified interests in
lands, but the disclaimer would not
grant, convey, transfer, remise,
quitclaim, release or renounce any title
or interest in the lands, nor would it
release any tax, judgment, or lien, or any
other mortgage, deed or trust, or other
security interest in lands that are held
by or for the benefit of the United State
or any instrumentality of the United
States. This Notice is to inform the
public of the pending application and
the Applicants’ supporting evidence, as
well as to provide the opportunity to
comment or provide additional
information to the BLM.
The BLM will not make a final
determination on the Applicants’
application before February 6, 2020.
Interested parties and the public will
have 30 days to provide comment and
are encouraged to access the BLM RDI
public web page at https://
www.blm.gov/programs/lands-andrealty/utah/rdi to review a copy of the
application and supporting evidence.
Additionally, copies of the application
materials are available for public review
at the BLM Utah State Office (see
ADDRESSES above), during regular
business hours, 7:45 a.m. to 4:30 p.m.
local time, Monday through Friday,
except holidays.
E:\FR\FM\08NON1.SGM
08NON1
60438
Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Notices
Before including your address, phone
number, email 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 the BLM 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 1864.
Edward Roberson,
State Director.
[FR Doc. 2019–24448 Filed 11–7–19; 8:45 am]
BILLING CODE 4310–DQ–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[19XL.LLIDI00000.L71220000.EO0000.
LVTFDX508300.241A.4500137846]
DEPARTMENT OF AGRICULTURE
Forest Service
Notice of Availability of the Final
Environmental Impact Statement for
the Proposed Dairy Syncline Mine and
Reclamation Plan, Caribou County,
Idaho
Bureau of Land Management,
Interior; United States Forest Service,
Agriculture.
ACTION: Notice of Availability.
AGENCY:
In accordance with the
National Environmental Policy Act of
1969 (NEPA), as amended, the Bureau of
Land Management (BLM), Idaho Falls
District, and the U.S. Department of
Agriculture, Forest Service (USFS)
Caribou-Targhee National Forest
(CTNF), have prepared a Final
Environmental Impact Statement (EIS)
for the proposed Dairy Syncline Mine
Project (Project) and by this notice are
announcing its availability. This notice
also announces the availability of the
associated Proposed Resource
Management Plan (RMP) Amendment
for the 2012 BLM Pocatello Resource
Management Plan, in accordance with
the Federal Land Policy and
Management Act of 1976, as amended.
DATES: BLM planning regulations state
that any person who meets the
conditions as described in the
regulations may protest the BLM’s
Proposed RMP Amendment. A person
who meets the conditions and files a
protest must file the protest within 30
days of the date that the Environmental
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:45 Nov 07, 2019
Jkt 250001
Protection Agency publishes its Notice
of Availability (NOA) in the Federal
Register. A 60-day objection period for
the Draft USFS Record of Decision
(ROD) will start when the USFS
publishes a legal notice in the
newspaper of record.
ADDRESSES: Copies of the Dairy
Syncline Mine and Reclamation Plan
Final EIS and Proposed RMP
Amendment are available for public
inspection at the BLM Pocatello Field
Office at 4350 Cliffs Drive, Pocatello, ID
83204. Interested persons may also
review the Final EIS on the internet at
the following locations:
• BLM Land Use Planning and NEPA
Register: https://go.usa.gov/xUjcA.
• Caribou-Targhee National Forest
Current and Recent Projects https://
www.fs.usda.gov/projects/ctnf/
landmanagement/projects.
All protests must be in writing and
filed with the BLM Director, either as a
hard copy or electronically via the
BLM’s ePlanning project website listed
previously. To submit a protest
electronically, go to the ePlanning
project website and follow the protest
instructions highlighted at the top of the
home page. If submitting a protest in
hard copy, it must be mailed to one of
the following addresses:
Regular Mail: BLM Director (210),
Attention: Protest Coordinator, P.O.
Box 71383, Washington, DC 20024–
1383
Overnight Delivery: BLM Director (210),
Attention: Protest Coordinator, 20 M
Street SE, Room 2134LM,
Washington, DC 20003
FOR FURTHER INFORMATION CONTACT: Bill
Stout, BLM Pocatello Field Office, 4350
Cliffs Drive, Pocatello, ID 83204; phone
(208) 478–6367; email: jwstout@blm.gov;
fax (208) 478–6376. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339 to
contact Mr. Stout. The FRS is available
24 hours a day, 7 days a week, to leave
a message or question for Mr. Stout. You
will receive a reply during normal
business hours.
SUPPLEMENTARY INFORMATION: The J.R.
Simplot Company (Simplot) submitted a
Mine and Reclamation Plan (MRP)
application for agency review to extract
phosphate rock from the Dairy Syncline
leases (IDI–28115 and IDI–0258) located
approximately 14 miles east of Soda
Springs in Caribou County, Idaho.
The BLM, as the Federal mineral lease
administrator, is the lead agency, and
the USFS is the co-lead agency for
preparation of the EIS. The proposed
project would disturb about 2,770 acres
as described in the Final EIS. In order
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
to accommodate the proposed tailings
pond, the BLM proposes a land sale and
the USFS is considering a land
exchange. The BLM land sale would
require an amendment to the current
Pocatello RMP and the land exchange
would require a Forest Plan
Amendment. The proposed decision to
amend the 2012 Pocatello RMP clarifies
that the lands proposed for sale meet the
FLPMA 203(a) sale criteria and is the
only decision subject to protest.
The NOA for the Draft EIS published
on November 23, 2018, initiating a 90day public comment period. Agencies,
organizations, and interested parties
provided comments on the Draft EIS/
Draft RMP Amendment via mail, email,
and public meetings. Comments on the
Draft EIS/Draft RMP Amendment
received from the public and internal
BLM review were considered and
incorporated, as appropriate, into the
Final EIS and proposed plan
amendment. Public comments resulted
in the addition of clarifying text, but did
not significantly change the proposed
land use plan decisions.
The Final EIS fully addresses issues
identified during scoping and during
public review of the Draft EIS, and
evaluates alternatives to the Proposed
Action, including a No Action
Alternative. The agency Preferred
Alternative is the Proposed Action
modified by Alternative 3 (reduces
acreage of BLM land sale), Alternative 5
(reduce acreage of USFS land exchange),
and Alternative 6 (reduces impacts to
groundwater). The modifications made
to the Proposed Action, making up the
Preferred Alternative, result in a net
gain of Federal land acreage and the
fewest impacts to surface and
groundwater of all the action
alternatives.
Instructions for filing a protest with
the Director of the BLM regarding the
Proposed RMP Amendment may be
found online at https://www.blm.gov/
programs/planning-and-nepa/publicparticipation/filing-a-plan-protest and
at 43 CFR 1610.5–2. All protests must be
in writing and mailed to the appropriate
address, as set forth in the ADDRESSES
section above or submitted
electronically through the BLM
ePlanning project website as described
above. Protests submitted electronically
by any means other than the ePlanning
project website protest section will be
invalid unless a protest is also
submitted in hard copy. Protests
submitted by fax will also be invalid
unless also submitted either through the
ePlanning project website or in hard
copy.
The BLM and USFS will make
separate but coordinated decisions
E:\FR\FM\08NON1.SGM
08NON1
Agencies
[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Notices]
[Pages 60437-60438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24448]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[19XL5017AR.LLUT921000.L54200000.BX0000.LVDIJ19J0010; UTU-94260]
Notice of Application for Recordable Disclaimer of Interest in
Public Highway Rights-of-Way; Manganese Road in Washington County, UT
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On May 9, 2019, the State of Utah and Washington County
(Applicants) filed an application with the Bureau of Land Management
(BLM) for a Recordable Disclaimer of Interest (RDI) from the United
States in a public highway right-of-way identified by BLM Serial Number
UTU-94260 for Manganese Road in Washington County, Utah. An RDI, if
issued, would disclaim the United States' interest in this public
highway right-of-way. This Notice is to notify the public of the
pending application and the Applicants' grounds supporting it. Specific
details of the application are provided in the SUPPLEMENTARY
INFORMATION section.
DATES: Submit written comments on this application on or before
December 9, 2019. Public comments may be mailed or hand delivered to
the BLM office address below. Comments on the Manganese Road should
reference BLM Serial Number UTU-94260. The BLM will not consider
comments received via telephone calls or faxes.
ADDRESSES: You may submit comments via mail or email on the State and
Washington County's application for an RDI. Email comments may be
submitted to [email protected]. Written comments may be provided to
Melinda Moffitt, Project Manager (R.S. 2477), BLM Utah State Office
(UT-921), 440 West 200 South, Suite 500, Salt Lake City, Utah 84101-
1345.
FOR FURTHER INFORMATION CONTACT: Melinda Moffitt, Project Manager (R.S.
2477), BLM Utah State Office at the above address or phone (801) 539-
4045 and email to [email protected]. Persons who use a
telecommunication device for the deaf (TDD) may call the Federal Relay
Service (FRS) at (800) 877-8339 to contact the above individual. The
FRS 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: Section 315 of the Federal Land Policy and
Management Act (FLPMA) of 1976, as amended (43 U.S.C. 1745), and the
regulations at 43 CFR 1864 authorize the BLM to issue an RDI where: (1)
The disclaimer will help remove a cloud on title, and (2) a record
interest of the United States in lands has terminated by operation of
law or is otherwise invalid.
In their application, the Applicants identify that the BLM's
continued management and regulation of the Manganese Road, i.e., the
claimed Revised Statute (R.S.) 2477 (43 U.S.C. 932, repealed October
21, 1976) right-of-way that is the subject of the application, and the
Applicants' Quiet Title Act lawsuit that seeks to quiet title in the
road represent a cloud on the Applicants' title. Further, the
Applicants assert that they hold a joint and undivided property
interest in the public highway right-of-way for the Manganese Road as
granted pursuant to the authority provided by R.S. 2477 over public
lands administered by the BLM.
The Manganese Road is approximately 10.18 miles in length, located
in western Washington County, and it extends from the Gunlock Road west
to the Motoqua Road. It crosses approximately 9.88 miles of public
lands administered by the BLM in townships 40 south, ranges 17 and 18
west, Salt Lake Meridian, Utah. The RDI application pertains only to
those road segments across public lands administered by the BLM. One
road segment is approximately 0.3 miles long across private property
and is not a part of the application. This private property segment is
the eastern 0.3 mile segment of the Manganese Road that connects to the
Gunlock Road and crosses sections 28 and 29 of township 40 south, range
17 west, Salt Lake Meridian, Utah.
Application information submitted by the Applicants indicates that
initial use of Manganese Road began no later than the 1940s. The road
was and currently is used for grazing, ranching, hunting, wood
gathering, prospecting, recreation, and general public access in the
local area. The surface of the road is gravel and native soil and is
graded throughout its length.
The Applicants submitted the following information with the
application:
1. Narrative description of the location, characteristics and
attributes of Manganese Road. The travel surface width ranges from 21
to 68 feet.
2. Centerline description of the road based on Global Positioning
System (GPS) data.
3. Detailed descriptions of the right-of-way passing through public
lands including beginning and end points, surface type, and disturbed
width.
4. Maps showing the location of the public highway right-of-way.
5. Aerial photography dated 1976.
6. Depositions by seven persons attesting to the location of the
road; its establishment as a public highway prior to October 21, 1976;
familiarity with the character and attributes of the road including
type of travel surface, disturbed width, associated improvements and
ancillary features such as culverts, cattle-guards, etc.; current
public usage of the road; the historic and current purposes for which
the road is used; and evidence of periodic maintenance.
7. Recent photographs and 360 degree video depictions of the road
at various points along its alignment.
The Applicants did not identify any known adverse claimants of the
public highway right-of-way.
If approved, the RDI document would disclaim the United States'
interest in the public highway right-of-way as of the date of the
disclaimer document. The BLM's RDI document would disclaim the United
States' interest in, or ownership of, specified interests in lands, but
the disclaimer would not grant, convey, transfer, remise, quitclaim,
release or renounce any title or interest in the lands, nor would it
release any tax, judgment, or lien, or any other mortgage, deed or
trust, or other security interest in lands that are held by or for the
benefit of the United State or any instrumentality of the United
States. This Notice is to inform the public of the pending application
and the Applicants' supporting evidence, as well as to provide the
opportunity to comment or provide additional information to the BLM.
The BLM will not make a final determination on the Applicants'
application before February 6, 2020. Interested parties and the public
will have 30 days to provide comment and are encouraged to access the
BLM RDI public web page at https://www.blm.gov/programs/lands-and-realty/utah/rdi to review a copy of the application and supporting
evidence. Additionally, copies of the application materials are
available for public review at the BLM Utah State Office (see Addresses
above), during regular business hours, 7:45 a.m. to 4:30 p.m. local
time, Monday through Friday, except holidays.
[[Page 60438]]
Before including your address, phone number, email 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 the BLM 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 1864.
Edward Roberson,
State Director.
[FR Doc. 2019-24448 Filed 11-7-19; 8:45 am]
BILLING CODE 4310-DQ-P