Initial Classification for State In Lieu Selection and Notice of Termination of Proposed Classification, Montana, 6360-6362 [2021-01117]
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6360
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Application No.
Applicant
Species
TE07730A .........
Redwing Ecological
Services, Inc., Louisville, KY.
PER0002332 .....
Minnesota Department of Natural Resources, Lake City,
MN.
TE06841A .........
U.S. Fish and Wildlife
Service, Ecological
Services Field Office, Columbus, OH.
30 freshwater mussel species,
relict darter (Etheostoma
chienense), tuxedo darter
(Etheostoma lemniscatum),
Cumberland darter
(Etheostoma susanae), Kentucky arrow darter
(Etheostoma spilotum),
palezone shiner (Notropis
albizonatus), Scioto madtom
(Noturus trautmam), blackside
dace (Phoxinus
cumberlandensis),Big Sandy
crayfish (Cambarus callainus).
Spectaclecase (Cumberlandia
monodonta), snuffbox
(Epioblasma triquetra), Higgins
eye (Lampsilis higginsii),
sheepnose (Plethobasus
cyphyus), winged mapleleaf
(Quadrula fragosa).
American burying beetle
(Nicrophorus americanus).
Type of take
IA, IL, IN, KY, MI,
MN, MO, PA, TN,
WI, WV.
Conduct presence/absence surveys, document habitat use,
conduct population
monitoring, evaluate
impacts.
Capture, collect, handle, release.
Renew.
IA, MN, WI .................
Conduct presence/absence surveys, document habitat use,
conduct population
monitoring, evaluate
impacts, headstart.
Collect, handle, release, transport,
hold, mark, tissue
sample, buccal
swab, translocate,
headstart.
New.
OH .............................
Conduct presence/absence surveys, document habitat use,
conduct population
monitoring, evaluate
impacts.
Capture, handle, release.
Renew.
DEPARTMENT OF THE INTERIOR
Written comments we receive become
part of the administrative record
associated with this action. 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 request in your comment
that we withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so. Moreover, all
submissions from organizations or
businesses, and from individuals
identifying themselves as
representatives or officials of
organizations or businesses, will be
made available for public disclosure in
their entirety.
Bureau of Land Management
If we decide to issue permits to any
of the applicants listed in this notice,
we will publish a notice in the Federal
Register.
Authority
We publish this notice under section
10(c) of the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et
seq.).
Lori Nordstrom,
Assistant Regional Director, Ecological
Services.
[FR Doc. 2021–01137 Filed 1–19–21; 8:45 am]
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Initial Classification for State In Lieu
Selection and Notice of Termination of
Proposed Classification, Montana
Bureau of Land Management,
Interior.
ACTION: Notice of classification.
AGENCY:
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.
SUMMARY:
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Public Availability of Comments
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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: jledger@blm.gov.
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
ADDRESSES:
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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.,
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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,
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6361
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
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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]
(TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339 to
contact Ms. Serrano during normal
business hours. The FRS is available 24
hours a day, 7 days a week, to leave a
message or question. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: The lessee
agrees to new lease terms for rentals and
royalties of $10 per acre, or fraction
thereof, per year, and 162⁄3 percent,
respectively. The lessee agrees to
additional or amended stipulations. The
lessee paid the $500 administration fee
for the reinstatement of the lease and
the cost for publishing this notice.
The lessee met the requirements for
reinstatement of the lease per Sec. 31(d)
and (e) of the Mineral Leasing Act of
1920. The BLM is proposing to reinstate
the lease, effective the date of
termination subject to the:
• Original terms and conditions of the
lease;
• Additional and amended
stipulations;
• Increased rental of $10 per acre;
• Increased royalty of 162⁄3 percent;
and
• $151 cost of publishing this notice.
Authority: 43 CFR 3108.2–3.
Julieann Serrano,
Supervisory Land Law Examiner.
BILLING CODE 4310–DN–P
[FR Doc. 2021–01256 Filed 1–19–21; 8:45 am]
DEPARTMENT OF THE INTERIOR
BILLING CODE 4310–FB–P
Bureau of Land Management
DEPARTMENT OF THE INTERIOR
[LLNM920000 L13100000.PP0000
212L1109AF]
National Park Service
Proposed Reinstatement of Terminated
Oil and Gas Lease NMNM 119276, New
Mexico
Bureau of Land Management,
Interior.
ACTION: Notice of proposed
reinstatement.
Written Determination: Bicycle Use on
Visitor Center Connector Trail at
Arches National Park
In accordance with the
Mineral Leasing Act of 1920, as
amended, EOG Y Resources Inc., et al.,
timely filed a petition for reinstatement
of competitive oil and gas lease NMNM
119276 in Lea County, New Mexico.
The lessee paid the required rentals
accruing from the date of termination.
No lease was issued that affects these
lands. The Bureau of Land Management
(BLM) proposes to reinstate the lease.
FOR FURTHER INFORMATION CONTACT:
Julieann Serrano, Supervisory Land Law
Examiner, Branch of Adjudication,
Bureau of Land Management New
Mexico State Office, 301 Dinosaur Trail,
Santa Fe, NM 87508, (505) 954–2149,
jserrano@blm.gov. Persons who use a
telecommunications device for the deaf
ACTION:
AGENCY:
SUMMARY:
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National Park Service, Interior.
Notice.
AGENCY:
The National Park Service
determines that allowing bicycles on the
newly constructed Visitor Center
Connector Trail at Arches National Park
is consistent with the protection of the
Park’s natural, scenic and aesthetic
values, safety considerations and
management objectives and will not
disturb wildlife or Park resources.
DATES: Comments on this written
determination must be received by
11:59 MST on February 22, 2021.
ADDRESSES: You may submit comments
by either of the following methods:
(1) Electronically: Visit https://
parkplanning.nps.gov/arch and click on
the link entitled ‘‘Open for Comment’’.
SUMMARY:
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(2) By hard copy: Mail to Park
Superintendent, Arches National Park,
2282 S West Resource Blvd., Moab, UT
84532.
Document Availability: The Visitor
Center Connector Trail Environmental
Assessment and Finding of No
Significant Impact provide information
and context for this written
determination and are available at:
https://parkplanning.nps.gov/
documentsList.cfm?projectID=92060.
FOR FURTHER INFORMATION CONTACT:
Patricia Trap, Superintendent, Arches
National Park, (435) 719–2101, patricia_
trap@nps.gov.
SUPPLEMENTARY INFORMATION:
Background
The National Park Service (NPS)
developed an Environmental
Assessment (EA) that analyzed the
impacts of allowing bicycles on a newly
constructed 0.26-mile-long paved path
(Visitor Center Connector Trail) that
connects a shared use path outside the
Arches National Park (Park) boundary to
the Arches Visitor Center. Published on
January 13, 2020, the EA presented two
alternatives for the Park and identified
the alternative that would allow bicycle
use on the path as the NPS preferred
alternative. The Regional Director for
Interior Regions 6, 7, and 8 signed a
Finding of No Significant Impact
(FONSI) on May 13, 2020 that identified
the preferred alternative (Alternative 2)
in the EA as the selected alternative.
Prior to designating an existing trail in
a developed area for bicycle use, NPS
regulations at 36 CFR 4.30 require a
written determination that such use is
consistent with the protection of the
Park’s natural, scenic, and aesthetic
values, safety considerations and
management objectives, and will not
disturb wildlife or Park resources. After
the 30-day public review period for this
written determination and consideration
of the comments submitted, the NPS
Regional Director will evaluate whether
to approve the written determination. If
the written determination is approved
by the Regional Director, the
Superintendent may designate the trail
for bicycle use and will provide notice
of such designation under 36 CFR 1.7.
Written Determination
Park Significance, Purpose and Values
In 1929, Arches National Monument
was established by Presidential
Proclamation 1875 to protect
extraordinary examples of wind erosion
in the form of gigantic arches, natural
bridges, windows, spires, balanced
rocks, and other unique wind-worn
sandstone formations. The Monument
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Agencies
[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.
-----------------------------------------------------------------------
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