Notice of Realty Action: Proposed Non-Competitive Lease of Public Land in the Nome Census Area, Alaska, 40618-40619 [2021-16008]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Notices]
[Pages 40618-40619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16008]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[21XLLAKA01000 L1440000.EQ0000.241A; AA-095705]


Notice of Realty Action: Proposed Non-Competitive Lease of Public 
Land in the Nome Census Area, Alaska

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Land Management (BLM), Anchorage Field Office 
proposes to offer a non-competitive lease of a 5.1 acre-parcel of 
public land in the Nome Census Area, Alaska, for commercial purposes. 
The lease would resolve an inadvertent, unauthorized use on the subject 
public land under the Federal Land Policy and Management Act of 1976 
(FLPMA). The BLM Kobuk Seward Peninsula Resource Management Plan, 
approved in September 2008, does not exclude the subject parcel from 
the authorized officer's discretion to consider lease proposals in the 
subject area. If approved, the lease would be valid for twenty years.

DATES: Written comments may be submitted to the address in the 
ADDRESSES section. The BLM must receive your comments on or before 
August 27, 2021.

ADDRESSES: Send written comments concerning the lease to: Field 
Manager, Anchorage Field Office, 4700 BLM Road, Anchorage, Alaska 
99503.

FOR FURTHER INFORMATION CONTACT: Thomas Sparks, Associate Field 
Manager, Bureau of Land Management, Anchorage Field Office at 907-443-
2177. Persons who use a telecommunications device for the deaf (TDD) 
may call the Federal Relay Service (FRS) at 1-800-877-8339 to contact 
the above individual during normal business hours. 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: The BLM has determined that the parcel of 
land described below is suitable for consideration as a commercial 
lease under Section 302 of the FLPMA (43 U.S.C. 1732) and the 
implementing regulations at 43 CFR 2920.
    The BLM proposes to offer a non-competitive lease of the parcel for 
$710.00 a year to Mr. Charles J. Reader for continued commercial 
operation of the Safety Sound Roadhouse. The subject parcel was 
inadvertently developed by the proposed lessee's father who believed 
his establishment was on an adjacent private parcel. The area has a 
long history of commercial occupancy and the lease would provide BLM 
with a reasonable option to resolve the use of the affected public 
lands. The land use rental is determined by the Appraisal and Valuation 
Service Office's (previously known as the Office of Valuation Services) 
minimum rental fee schedules for remote parcels of land in Alaska, 
dated April 1, 2015. The lands are validly selected by the State of 
Alaska under the Alaska Statehood Act. In accordance with Sec. 906(k) 
of the Alaska National Lands Conservation Act of December 2, 1980, the 
BLM has sought and received concurrence from the State of Alaska in the 
issuance of a proposed lease.
    The subject parcel is situated in section 7, township 12 south, 
range 30 west, Kateel River Meridian, Alaska, approximately 21 miles 
east of Nome, Alaska, more particularly described as follows:
    COMMENCING at corner No. 1, U.S. Survey No. 480, Alaska, a meander 
corner, as described in the Field Notes of the Dependent Resurvey of 
U.S. Survey No. 480, Alaska, officially filed on August 14, 2007;
    THENCE, South 47[deg]57' East, on line 1-2, U.S. Survey No. 480, 
Alaska, a distance of 500.15 feet to a point not monumented, on the 
southerly right-of-way boundary of the Nome-Council Highway, identical, 
in part, with the northwest boundary of The Port Safety Roadhouse Trade 
Site, as shown on an unrecorded plat, signed on January 31, 2005, by 
George Krier, Registered Alaska Land Surveyor, LS-7323, and the POINT 
OF BEGINNING of the herein described parcel. From said POINT OF 
BEGINNING, the northerly corner of The Port Safety Roadhouse Trade 
Site, monumented with a \5/8\ inch diameter rebar with aluminum cap, 
set by Krier in 2004, bears North 42[deg]55' East, a distance of 118.95 
feet;
    THENCE, South 47[deg]57' East, continuing on line 1-2, U.S. Survey 
No. 480, Alaska, a distance of 434.41 feet to corner No. 2, U.S. Survey 
No. 480, Alaska, as described in the Field Notes of the Dependent 
Resurvey of U.S. Survey No. 480, Alaska, officially filed on August 14, 
2007;
    THENCE, South 47[deg]57' East, a distance of 67.32 feet to a point 
not monumented on the southeast boundary of The Port Safety Roadhouse 
Trade Site. From this point, the easterly corner of The Port Safety 
Roadhouse Trade Site, monumented with a \5/8\ inch diameter rebar with 
aluminum cap, set by Krier in 2004, bears North 45[deg]00' East, a 
distance of 46.56 feet;
    THENCE, South 45[deg]00' West, on the southeast boundary of The 
Port Safety Roadhouse Trade Site, a distance of 221.44 feet to a \5/8\ 
inch diameter rebar with aluminum cap, set by Michael T. Mowrer, 
Registered Alaska Land Surveyor, LS-6529, in 1988, as shown on the 
Record of Survey for Stan Sobocienski, recorded as Plat No. 89-7RS in 
the Cape Nome Recording District, Alaska, on October 5, 1989;
    THENCE, South 45[deg]00' West, continuing on the southeast boundary 
of The Port Safety Roadhouse Trade Site, a distance of 262.67 feet to 
the southerly corner of The Port Safety Roadhouse Trade Site, 
monumented with a \5/8\ inch

[[Page 40619]]

diameter rebar with aluminum cap, set by Krier in 2004;
    THENCE, North 39[deg]45' West, on the southwest boundary of The 
Port Safety Roadhouse Trade Site, a distance of 488.08 feet to the 
westerly corner of The Port Safety Roadhouse Trade Site, on the 
southerly right-of-way boundary of the Nome-Council Highway monumented 
with a \5/8\ inch diameter rebar with aluminum cap, set by Krier in 
2004;
    THENCE, North 42[deg]55' East, on the southerly right-of-way 
boundary of the Nome-Council Highway, identical, in part, with the 
northwest boundary of The Port Safety Roadhouse Trade Site, a distance 
of 413.85 feet to the POINT OF BEGINNING containing 5.09 acres of land.
    BASIS OF BEARINGS--South 47[deg]57' East, being the bearing from 
corner No. 1, U.S. Survey No. 480, Alaska, a meander corner, to corner 
No. 2, U.S. Survey No. 480, Alaska, referenced to the true meridian.
    Based on the past use of the subject parcel for a commercial 
establishment by Mr. Charles J. Reader and his late father, it is the 
authorized officer's decision to offer the proposed commercial lease 
with appropriate terms and conditions to Mr. Charles J. Reader on a 
non-competitive basis because competitive bidding would represent an 
unfair competitive and economic disadvantage to Mr. Charles J. Reader. 
As noted above, the use of this parcel constitutes an inadvertent 
trespass that was discovered by BLM in 2005, along with an encroachment 
into the Alaska Department of Transportation (ADOT) road right-of-way. 
The Reader family has since worked with BLM to settle the trespass and 
entered into short term permits for their occupation of public lands, 
including the stipulation requiring the permit holder obtain an 
encroachment permit from ADOT. Subsequent to the BLM's receipt of a 
proposal to lease public lands by Mr. Charles J. Reader that complies 
with all applicable requirements set forth at 43 CFR 2920.5, processing 
of the proposed lease will take place in accordance with 43 CFR 2920.6 
and other applicable regulations.
    Information and documentation regarding processing of the lease 
proposal is available as described in ADDRESSES, and reference should 
be made to the National Environmental Policy Act (NEPA) analysis to be 
conducted under Environmental Assessment DOI-BLM-AK-A010-2020-0013-EA. 
The BLM will not make a final decision on the lease until all required 
analyses are completed. If authorized, the lease would be subject to 
provisions of the FLPMA, all applicable regulations of the Secretary of 
the Interior, including, but not limited to, 43 CFR part 2920, and to 
valid existing rights. The proposed lease would also be subject to the 
applicant obtaining an encroachment permit from the ADOT for the term 
of the lease, or written documentation from ADOT stating it concurs 
with the lease term. The land use permit and establishment of a land 
lease are consistent with the Kobuk Seward Peninsula Resource 
Management Plan approved in September 2008.
    Upon publication of this notice in the Federal Register, the lands 
will be segregated from all other forms of appropriation under the 
public land laws, including the general mining laws, except for leasing 
under the mineral leasing laws, and disposals under the mineral 
material disposal laws.
    Classification Comments: Interested persons may submit comments on 
the establishment of a land lease interest in these public lands. 
Comments on the classification is restricted to whether the lands are 
physically suited for the establishment of a land lease for commercial 
activities, whether the use is consistent with local planning and 
zoning, or if the use is consistent with State and Federal programs.
    Interested persons may submit comments regarding the establishment 
of a land lease and whether the BLM followed proper administrative 
procedures in reaching the establishment of a land lease interest.
    Only written comments submitted by postal service or overnight mail 
addressed to ``Field Manager, BLM Anchorage Field Office, 4700 BLM 
Road, Anchorage, Alaska 99507'' will be considered properly filed. 
Electronic mail, facsimile, or telephone comments will not be 
considered properly filed.
    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 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 Alaska State 
Director, who may sustain, vacate, or modify these realty actions. In 
the absence of any adverse comments, the decision will become effective 
August 27, 2021.

(Authority: 43 CFR 2920)

Chad B. Padgett,
State Director.
[FR Doc. 2021-16008 Filed 7-27-21; 8:45 am]
BILLING CODE 4310-JA-P