Initial Classification for State In Lieu Selection and Notice of Termination of Proposed Classification, Montana, 6360-6362 [2021-01117]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 86, Number 12 (Thursday, January 21, 2021)]
[Notices]
[Pages 6360-6362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01117]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLMT924000 L14400000.FR0000 20XL1109AF; MO# 4500150792; MTM-108489]


Initial Classification for State In Lieu Selection and Notice of 
Termination of Proposed Classification, Montana

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of classification.

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SUMMARY: The Montana Department of Natural Resources and Conservation 
(State) has filed a petition for classification and application to 
obtain public land and mineral estate in lieu of lands to which the 
State was entitled but did not receive under its Statehood Act. This 
classification, made under Section 7 of the Taylor Grazing Act of June 
8, 1934, satisfies in full the obligation to the State. This notice 
also terminates the classification of lands included in the State's 
application that are not needed to fulfill the obligation.

DATES: Written comments requesting administrative review regarding the 
initial classification of lands and minerals may be submitted to the 
Secretary of the Interior on or before February 22, 2021. In the 
absence of any requests for administrative review, this initial 
classification will become final on February 22, 2021. Lands not needed 
to fulfill the obligation will be opened to the operation of the public 
land laws on February 22, 2021.

ADDRESSES: Requests for administrative review may be submitted to the 
Secretary of the Interior, 1849 C Street NW, c/o Bureau of Land 
Management HQ-300, Washington, DC 20240. Electronic mail, facsimile, or 
telephone requests will not be accepted.

FOR FURTHER INFORMATION CONTACT: Jim Ledger, Branch of Lands, Realty, 
and Renewable Energy, telephone: (406) 329-3733, email: 
[email protected]. Persons who use a telecommunications device for the 
deaf may call the Federal Relay Service (FRS) at 1-800-877-8339 to 
leave a message or question. The FRS is available 24 hours a day, 7 
days a week. You will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION: Sections 2275 and 2276 of the Revised 
Statutes, as amended (43 U.S.C. 851 and 852), provide authority for the 
State of Montana to receive title to public land in lieu of lands to 
which it was entitled under the Enabling Act of 1889 (25 Stat. 676).
    Section 7 of the Taylor Grazing Act of June 8, 1934, (43 U.S.C. 315 
et seq.) requires that such public land and/or minerals identified for 
proposed transfer out of Federal ownership under this authority must 
first be classified. The Bureau of Land Management (BLM) is classifying 
these lands and minerals pursuant to 43 CFR 2400 and Section 7 of the 
Taylor Grazing Act of June 8, 1934. The BLM has completed a review and 
environmental analysis (EA) on a portion of the lands included in the 
proposed classification dated October 17, 2016 (81 FR 71529), extended 
by the notice published November 15, 2017 (82

[[Page 6361]]

FR 52937), and is hereby classifying 5,816.63 acres as suitable for 
conveyance. The EA considered a number of issues, including public 
access, in accordance with Secretary's Order 3373 and resulted in a 
Finding of No Significant Impact.
    For a period of 30 days from the date of publication of this 
notice, this Initial Classification is subject to the exercise of 
administrative review and modification by the Secretary of the Interior 
as provided for under 43 CFR 2461.3. All persons who wish to request 
the Secretary of the Interior conduct an administrative review of the 
finding that these lands are suitable for conveyance to the State may 
present their views to the address given in the ADDRESSES section 
earlier. Electronic mail, facsimile, or telephone requests will not be 
accepted. Requests for administrative review will be evaluated by the 
Secretary of the Interior, or his/her delegate, who will issue a notice 
of determination to proceed with, modify, or cancel this Initial 
Classification.
    Before including your address, phone number, email address, or 
other personally identifiable information in any comment, be aware that 
your entire comment--including your personally identifiable 
information--may be made publicly available at any time. While you can 
ask the BLM in your comment to withhold your personally identifiable 
information from public review, we cannot guarantee that we will be 
able to do so.
    The selected lands/minerals affected by this classification are in 
Custer, Prairie, and Richland Counties, Montana, and described as 
follows:

Principal Meridian, Montana

T. 5 N., R. 46 E.,
    sec. 24, E1/2.
T. 4 N., R. 47 E.,
    sec. 6;
    sec. 8, NW1/4NE1/4, SE1/4NE1/4, N1/2NW1/4, and NE1/4SE1/4.
T. 12 N., R. 50 E.,
    sec. 14; lots 1 thru 4, S1/2SW1/4, and S1/2SE1/4.
T. 12 N., R. 52 E.,
    sec. 3, lots 1, 2, and 3;
    sec. 5;
    sec. 6, lots 2 thru 7, S1/2NE1/4, SE1/4NW1/4, E1/2SW1/4, and 
SE1/4;
    sec. 7, lots 1 thru 7, NW1/4NE1/4, and E1/2NW1/4;
    sec. 8, lots 1, 2, and 3.
T. 13 N., R. 52 E.,
    sec. 29, E1/2SE1/4SW1/4, E1/2NW1/4SE1/4SW1/4, E1/2SW1/4SE1/4SW1/
4, and S1/2SE1/4;
    sec. 30, S1/2SW1/4 and S1/2SE1/4;
    sec. 33, lots 5, 6, and 7.
T. 26 N., R. 55 E.
    sec. 1, lot 4;
    sec. 2, lots 1 and 2, and SW1/4NE1/4.
T. 27 N., R. 56 E.,
    sec. 7, lots 7 thru 12, SE1/4SW1/4, and S1/2SE1/4;
    sec. 8, lot 12 and S1/2SW1/4;
    sec. 9, lots 3, 4, and 5, SE1/4SW1/4, and SW1/4SE1/4;
    sec. 17, E1/2, N1/2NW1/4, SW1/4NW1/4, and SW1/4;
    sec. 18, lots 1 thru 4, NE1/4, E1/2NW1/4, SE1/4SW1/4, and SE1/4;
    sec. 22, NE1/4NE1/4, SW1/4NW1/4, and W1/2SW1/4.

    The areas described aggregate 5,816.63 acres.

    The BLM has examined the lands described above for evidence of 
valid existing rights and any constraints that would prevent 
conveyance. No persons other than holders of leases, permits, and 
rights-of-way, asserted a claim to, or interest in, the lands proposed 
for classification.
    When the selection is certified to the State, the document 
transferring title will contain the following reservation to the United 
States:
    1. A right-of-way thereon 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).
    The title will also be taken subject to:
    2. A right-of-way for County Road No. 152, administered by Richland 
County, pursuant to the provisions of Revised Statute 2477 (43 U.S.C. 
932), lying over, across, and upon a strip of land located in lots 7, 
8, and 12, Section 7, and lot 12, Section 8, T. 27 N., R. 56 E, 
Principal Meridian, Montana.
    3. A railroad and telegraph and other appurtenant rights, granted 
under the Act of July 2, 1864 (13 Stat. 365) to the Northern Pacific 
Railroad Company, its successors or assigns, lying over, across, and 
upon a strip of land located in the S1/2SE1/4, Section 14, T. 12 N., R. 
50 E., Principal Meridian, Montana.
    4. Those rights for an underground telephone cable granted to 
Nemont Telephone Cooperative, Inc., its successors or assigns, by 
right-of-way MTM-54795, as to 1.35 acres in lots 7, 8, and 12 of 
Section 7 and lot 12 of Section 8, T. 27 N., R. 56 E, Principal 
Meridian, Montana, under the Act of October 21, 1976 (43 U.S.C. 1761).
    5. Those rights for a road granted to Prairie County, its 
successors or assigns, by MTM-99059, as to 12.63 acres in lots 1 thru 4 
of Section 5 and lots 2 thru 4 of Section 6, T. 12 N., R. 52 E., 
Principal Meridian, Montana, under the Act of October 21, 1976 (43 
U.S.C. 1761).
    6. Those rights for a fiber optic cable granted to Nemont Telephone 
Cooperative, Inc., its successors or assigns, by right-of-way MTM-
105771, as to 1.45 acres in lots 7 and 12 of Section 7 and lot 12 of 
Section 8, T. 27 N., R. 56 E, Principal Meridian, Montana, under the 
Act of October 21, 1976 (43 U.S.C. 1761).
    The right-of-way holders of MTM-54795, MTM-99059, and MTM-105771 
have been afforded the opportunity to modify their existing 
authorization in accordance with 43 CFR 2807.15. Each of these rights-
of-ways will be amended to a permanent easement prior to conveyance of 
the land to the State.
    7. Those rights granted to the Laura Caldwell Irrevocable Trust by 
Grazing Allotment No. 01441 as to lots 1, 2, 5, and 7, S1/2NE1/4 and 
S1/2SE1/4 of Section 11 and SW1/4NE1/4, S1/2NW1/4, E1/2SW1/4, and SE1/4 
of Section 12 and lots 1 and 2, NE1/4 and N1/2SE1/4 of Section 14, T. 
27 N., R. 55 E., Principal Meridian Montana, until March 1, 2023.
    8. Those rights granted to the Steppler Ranch by Grazing Allotment 
No. 01465 as to the W1/2 and S1/2SE1/4 of Section 14 and NE1/4NE1/4, 
W1/2NE1/4, W1/2, and SE1/4 of Section 23 and S1/2SE1/4 and SW1/4SW1/4 
of Section 24 and N1/2 and N1/2SE1/4 of Section 25, T. 27 N., R. 55 E., 
Principal Meridian Montana, and lot 1 of Section 30, T. 27 N., R.56 E., 
Principal Meridian Montana, until March 1, 2023.
    The subject lands contain grazing leases authorized under Section 
15 of the Taylor Grazing Act. The holders of the BLM grazing use 
authorizations received the required 2-year notices as outlined in 43 
CFR 4110.4-2(b) and have agreed to relinquish their authorizations when 
the land is conveyed. State of Montana procedures provide that upon 
Land Board Approval, the State will offer 10-year grazing leases to the 
current holders of BLM permits/leases on any transferred lands.
    The subject lands hold permanent range improvements for which the 
permittees are due reasonable compensation as outlined in Section 
402(g) of the Federal Land Policy and Management Act. The holders of 
these range improvements have been notified and agreed to the 
reasonable compensation determination and will receive payment once the 
land is conveyed.
    The lands contain no oil and gas, geothermal, or other leases 
issued under the authority of the Mineral Leasing Act of 1920 (30 
U.S.C. 181 et seq.) or the Geothermal Steam Act (30 U.S.C. 1001 et 
seq.). No mining claims are recorded with the BLM on these lands.
    Unless a request for Secretarial review is received, this notice 
also terminates the proposed classification and segregation on the 
remaining 8,113.00 acres of the total 16,055.74 acres contained in the 
State's application, but

[[Page 6362]]

not needed to fulfill the in-lieu entitlement and described in the 
proposed classification dated October 17, 2016 (81 FR 71529), as 
extended by the notice dated November 15, 2017 (82 FR 52937). The lands 
will be opened to the operation of the public land laws, including 
location and entry under the United States mining laws, unless a 
request for review is received, in which case they shall remain 
classified and segregated. Appropriation of any of the lands prior to 
the date and time of restoration is unauthorized. Any such attempted 
appropriation, including attempted adverse possession under 30 U.S.C. 
38, shall vest no rights against the United States. Acts required to 
establish a location and to initiate a right of possession are governed 
by State law where not in conflict with Federal law. The BLM will not 
intervene in disputes between rival locators over possessory rights 
since Congress has provided for such determinations in local courts.

(Authority: 43 CFR parts 2400 and 2621)

Scott Haight,
District Manager, Eastern Montana/Dakotas District.
[FR Doc. 2021-01117 Filed 1-19-21; 8:45 am]
BILLING CODE 4310-DN-P