[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07794]
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[212.LLAK941000 L14100000.ET0000; F-86061, F-16298, F-16299, F-16301,
AA-61299, F-16304, F-85667, AA-61005, F-86064, F-85702, AA-66614]
Extension of the Opening Order in Public Land Order No. 7899 and
Addressing Pending Public Land Orders in Alaska
AGENCY: Bureau of Land Management, Interior.
ACTION: Amended opening order.
SUMMARY: For orderly management of the public lands subject to Public
Land Order (PLO) 7899, published on Jan. 19, 2021 and extended by 60
days on Feb. 18, 2021, the lands described therein shall not be opened
until April 16, 2023. This notice also clarifies that the BLM has not
published opening orders for PLOs 7900, 7901, 7902, and 7903 and
therefore they have no effective date. These Orders will be included in
the process described below for PLO 7899.
DATE: This Order takes effect on April 16, 2021.
FOR FURTHER INFORMATION CONTACT: David V. Mushovic, Bureau of Land
Management (BLM) Alaska State Office, 222 West Seventh Avenue, Mailstop
#13, Anchorage, AK 99513-7504; telephone: 907-271-4682; or email:
[email protected]. People who use a telecommunications device for the
deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339
to contact Mr. Mushovic 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: PLO 7899 was signed on Jan. 11, 2021, and
published in the Federal Register on Jan. 19, 2021. The opening order
was extended by 60 days on Feb. 18, 2021, for the orderly management of
the public lands. PLOs 7900, 7901, 7902, and 7903 were signed on Jan.
15 and 16, 2021, but have not been published in the Federal Register
and therefore do not have an opening date. After signature of these
PLOs in January 2021, the BLM identified defects in the PLOs,
including, but not limited to: Failure to secure consent from the
Department of Defense with regard to lands withdrawn for defense
purposes as required by Section 204(i) of the Federal Land Policy and
Management Act (FLPMA) (43 U.S.C. 1714(i)); insufficient analysis under
the National Environmental Policy Act, including failure to adequately
analyze potential impacts on subsistence hunting and fishing, and
reliance on outdated data in environmental impact statements prepared
in 2006 and 2007; failure to comply with Section 106 of the National
Historic Preservation Act; and possible failure to adequately evaluate
impacts under Section 7 of the Endangered Species Act. During the two-
year period after publication of this Federal Register Notice, the BLM
will address comments, undertake additional analysis, complete
necessary consultation, and correct defects in the PLOs. The BLM will
publish a notice of intent to begin this process within 60 days of the
publication of this notice.
For the orderly administration of the public lands and in
accordance with 43 CFR 2091.6, this Order amends the opening order
contained in Paragraph 3 of PLO 7899 (86 FR 5236) as follows:
At 8 a.m. Alaska Time on April 16, 2023, the lands described in
paragraph 1 of PLO 7899, (86 FR 5236) shall be open to all forms of
appropriation under the general public land laws, including location
and entry under the mining laws, leasing under the Mineral Leasing Act
of February 25, 1920, as amended, subject to valid existing rights, the
provisions of existing withdrawals, other segregations of record, and
the requirements of applicable law. All valid applications received at
or prior to 8 a.m. Alaska Time on April 16, 2023, shall be considered
as simultaneously filed at that time. Those received thereafter shall
be considered in the order of filing. Appropriation of any of the lands
referenced in Paragraph 1 of PLO 7899, (86 FR 5236) under the general
mining laws prior to the date and time of revocation remain
unauthorized. Any such attempted appropriation, including attempted
adverse possession under 30 U.S.C. 38, shall vest no rights against the
United States. State law governs acts required to establish a location
and to initiate a right of possession 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.
Principal Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 2021-07794 Filed 4-15-21; 8:45 am]
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