Notice of Intent To Amend a Resource Management Plan and Prepare an Associated Environmental Assessment; Notice of Realty Action: Proposed Sale of Public Land in Nye County, Nevada, 54033-54036 [2024-14176]
Download as PDF
Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Notices
days from the date of receipt to file an
appeal.
Parties who do not file an appeal in
accordance with the requirements of 43
CFR part 4 shall be deemed to have
waived their rights. Notices of appeal
transmitted by facsimile will not be
accepted as timely filed.
Heidi C. Wanner,
Supervisory Land Law Examiner,
Adjudication Section.
[FR Doc. 2024–14230 Filed 6–27–24; 8:45 am]
BILLING CODE 4331–10–P
DEPARTMENT OF THE INTERIOR
Seward Meridian, Alaska
Bureau of Land Management
[BLM_AK_FRN_MO4500178354; F–14916–A]
Alaska Native Claims Selection
AGENCY:
Bureau of Land Management,
Interior.
Notice of decision approving
lands for conveyance.
ACTION:
The Bureau of Land
Management (BLM) hereby provides
constructive notice that it will issue an
appealable decision approving
conveyance of the surface estate in
certain lands to Oscarville Native
Corporation for the Native village of
Oscarville, pursuant to the Alaska
Native Claims Settlement Act of 1971
(ANCSA). The subsurface estate in the
same lands will be conveyed to Calista
Corporation when the surface estate is
conveyed to Oscarville Native
Corporation.
SUMMARY:
Any party claiming a property
interest in the lands affected by the
decision may appeal the decision in
accordance with the requirements of 43
CFR part 4 within the time limits set out
in the SUPPLEMENTARY INFORMATION
section.
DATES:
You may obtain a copy of
the decision from the Bureau of Land
Management, Alaska State Office, 222
West Seventh Avenue, #13, Anchorage,
AK 99513–7504.
FOR FURTHER INFORMATION CONTACT:
Matthew Colburn, Land Law Examiner,
BLM Alaska State Office, 907–271–
5067, or mcolburn@blm.gov. Individuals
in the United States who are deaf,
deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point of
contact in the United States.
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ADDRESSES:
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As
required by 43 CFR 2650.7(d), notice is
hereby given that the BLM will issue an
appealable decision to Oscarville Native
Corporation. The decision approves
conveyance of the surface estate in
certain lands pursuant to ANCSA (43
U.S.C. 1601, et seq.), as amended. As
provided by ANCSA, the subsurface
estate in the same lands will be
conveyed to Calista Corporation when
the surface estate is conveyed to
Oscarville Native Corporation. The
lands are located in the vicinity of
Oscarville, Alaska, and are described as:
SUPPLEMENTARY INFORMATION:
The decision addresses public access
easements, if any, to be reserved to the
United States pursuant to sec. 17(b) of
ANCSA (43 U.S.C. 1616(b)), in the lands
described above.
The BLM will also publish notice of
the decision once a week for four
consecutive weeks in the The Delta
Discovery newspaper.
Any party claiming a property interest
in the lands affected by the decision
may appeal the decision in accordance
with the requirements of 43 CFR part 4
within the following time limits:
1. Unknown parties, parties unable to
be located after reasonable efforts have
been expended to locate, parties who
fail or refuse to sign their return receipt,
and parties who receive a copy of the
decision by regular mail which is not
certified, return receipt requested, shall
have until July 29, 2024 to file an
appeal.
2. Parties receiving service of the
decision by certified mail shall have 30
days from the date of receipt to file an
appeal.
Parties who do not file an appeal in
accordance with the requirements of 43
CFR part 4 shall be deemed to have
waived their rights. Notices of appeal
transmitted by facsimile will not be
accepted as timely filed.
Eileen M. Ford,
Chief, Branch of Adjudication.
[FR Doc. 2024–14219 Filed 6–27–24; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_NV_FRN_MO#4500176314]
Notice of Intent To Amend a Resource
Management Plan and Prepare an
Associated Environmental
Assessment; Notice of Realty Action:
Proposed Sale of Public Land in Nye
County, Nevada
Bureau of Land Management,
Interior.
ACTION: Notice of intent; notice of realty
action.
AGENCY:
In compliance with the
National Environmental Policy Act of
1969, as amended (NEPA), and the
Federal Land Policy and Management
Act of 1976, as amended (FLPMA), the
Bureau of Land Management (BLM)
Nevada State Director intends to prepare
a Resource Management Plan (RMP)
Amendment with an associated
Environmental Assessment (EA) for the
non-competitive direct sale of 248.74
acres of public land in rural east-central
Nye County, Nevada to Foreland
Refining Corporation (Foreland) (N–
100365/NVNV105851725). The sale
would be for no less than the appraised
fair market value. The sale would be
subject to the applicable provisions of
section 203 of FLPMA and the BLM
land sale regulations. This notice
announces the beginning of the scoping
period to solicit public comments and
identify issues, provides the planning
criteria for public review, and
announces a comment period on the
proposed realty action offering the sale
of public land.
DATES: Interested parties may submit
written comments concerning the
proposed land sale, scope of the
analysis, potential alternatives, and
identification of relevant information
and studies by August 12, 2024. To
afford the BLM the opportunity to
consider issues raised by commenters in
the Draft RMP Amendment and EA,
please ensure your comments are
received prior to the close of the 45-day
scoping period or 15 days after the last
public meeting, whichever is later.
ADDRESSES: You may submit written
comments concerning the realty action
and on issues and planning criteria
related to the proposed RMP
Amendment and non-competitive direct
sale of public land in Nye County,
Nevada, by any of the following
methods:
• Website: https://eplanning.blm.gov/
eplanning-ui/project/2024259/510.
• Email: egilseth@blm.gov.
SUMMARY:
T. 7 N., R. 69 W.,
Secs. 10 and 15.
Containing 696.23 acres.
54033
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Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Notices
• Fax: 775–482–7810.
• Mail: BLM, Tonopah Field Office,
P.O. Box 911 (1553 South Main Street),
Tonopah, Nevada 89049.
Documents pertinent to this proposal
may be examined online at https://
eplanning.blm.gov/eplanning-ui/
project/2024259/510 and at the
Tonopah Field Office.
FOR FURTHER INFORMATION CONTACT:
Frederick Marcell, Lead Realty
Specialist, Nevada State Office;
telephone 202 912–7339; email at
fmarcell@blm.gov; or Perry Wickham,
Field Manager, telephone 775–482–
7801; Tonopah Field Office, P.O. Box
911 (1553 South Main Street), Tonopah,
Nevada 89049; email pwickham@
blm.gov. Contact Mr. Wickham to have
your name added to our mailing list.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services relay
services. Individuals outside the United
States should use the relay services
offered within their country to make
international calls to the point-ofcontact in the United States.
This
document provides notice that the BLM
Nevada State Director proposes to
segregate the identified public land and
prepare an RMP Amendment with an
associated EA for the non-competitive
direct sale of public land in Nye County,
Nevada, and announces the beginning of
the scoping process to seek public input
on issues and planning criteria. The
RMP Amendment would change the
existing 1997 Tonopah Field Office
Record of Decision and Approved RMP.
The RMP Amendment is being
considered to evaluate whether the
subject parcel of public land meets the
disposal criteria described in section
203 of FLPMA.
Foreland holds a right-of-way grant
(N–41035/NVNV105896178) on the
northwestern 40-acre portion of the
proposed sale parcel, which contains
the Eagle Springs Refinery. The purpose
of the sale would be to protect existing
Eagle Springs Refinery improvements
consisting of fencing, underground
phone lines, roads, multiple buildings,
an on-site water well, propane tank, and
septic system, and the refinery’s oil
delivery/distribution systems for
refining operations, and to allow for
future expansion of the refinery. The
sale would be subject to the applicable
provisions of Section 203 of FLPMA and
the BLM land sale regulations. The
subject parcel was not previously
identified for disposal in the RMP;
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SUPPLEMENTARY INFORMATION:
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therefore, the BLM must amend the
RMP for the proposed sale to proceed.
The BLM will examine the following
described public land for disposal
suitability:
Mount Diablo Meridian, Nevada,
T. 9 N., R. 56 E.,
Sec. 24, S1⁄2NE1⁄4SE1⁄4 and SE1⁄4SE1⁄4;
Sec. 25, E1⁄2NE1⁄4.
T. 9 N., R. 57 E.,
Sec. 19, lot 4;
Sec. 30, lots 1 and 2.
The area described contains 248.74 acres,
according to the official plats of the surveys
on file with the BLM.
Upon publication of this Notice in the
Federal Register, the public land
described above will be segregated from
all forms of appropriation under the
public land laws, including the mining
laws, except for the sale provisions of
FLPMA. The segregation will terminate
upon (1) issuance of a conveyance
document; (2) publication in the
Federal Register terminating the
segregation; or (3) two years from
publication of this notice, unless
extended by the BLM Nevada State
Director in accordance with 43 CFR
2711.1–2(d).
In addition, upon publication of this
notice and until completion of this sale,
the BLM will no longer accept land-use
applications affecting the identified
public land, except applications to
amend previously filed right-of-way
applications or existing authorizations
to modify grant terms in accordance
with 43 CFR 2807.15 and 43 CFR
2886.15.
The BLM will analyze the parcel and
develop an EA to evaluate the
environmental effects of the proposed
RMP Amendment and the sale criteria
under FLPMA Section 203(a)(3) and 43
CFR 2710.0–3(a)(3) to ensure the
disposal of the tract will serve important
public objectives, including for the
conveyance out of Federal ownership of
a parcel of public land that, because of
its location or other characteristics, is
difficult and uneconomic to manage as
part of the public lands and is not
suitable for management by another
Federal department or agency. After the
BLM has analyzed public scoping
comments and prepared the analysis,
the EA will be available for a 30-day
comment period. The parcel being
considered for direct sale is not required
for any other Federal purpose.
Regulations contained in 43 CFR
2710.0–6(c)(3)(iii) and 2711.3–3(a)(3)
make allowances for direct sales where
necessary to protect existing equities in
the public land and where there is a
need to recognize an authorized use
such as an existing business that could
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suffer a substantial economic loss if the
tract were purchased by other than the
authorized user. The BLM will consider
selling this parcel if it is determined
that the public interest would best be
served by selling the BLM-administered
land for the fair market value and
ensure the Federal Government receives
fair compensation for the sale of the
parcel.
The subject parcel is located on both
sides of United States Highway 6, which
allows access to the area from either
Tonopah or Ely, Nevada. The BLM has
determined the parcel is not an access
point for recreation in accordance with
Secretary’s Order 3373, Evaluating
Public Access in Bureau of Land
Management Public Disposal and
Exchanges. Disposal of this parcel will
have no anticipated impacts on
recreational access to adjacent parcels of
publicly accessible lands.
The conveyance document, if issued,
will contain the following reservations,
terms, and conditions:
(1) The reservation of a right-of way
thereon for ditches or canals
constructed by the authority of the
United States, Act of August 30, 1890
(43 U.S.C. 945).
(2) The reservation of all the mineral
deposits in the land so patented
pursuant to the Act of October 21, 1976
(43 U.S.C. 1719), including, without
limitation, substances subject to
disposition under the general mining
laws, the general mineral leasing laws,
the Materials Act, and the Geothermal
Steam Act, and to it, its permittees,
licensees, lessees, and mining
claimants, the right to prospect for,
mine, and remove the minerals owned
by the United States under applicable
law and such regulations as the
Secretary of the Interior may prescribe.
This reservation includes necessary
access and exit rights and the right to
conduct all necessary and incidental
activities including, without limitation,
all drilling, underground, open pit or
surface mining operations, storage, and
transportation facilities deemed
reasonably necessary.
Unless otherwise provided by
separate agreement with the surface
owner, mining claimants, permittees,
licensees, and lessees of the United
States shall reclaim disturbed areas to
the extent prescribed by regulations
issued by the Secretary of the Interior.
All causes of action brought to enforce
the rights of the surface owner under the
regulations above referred to shall be
instituted against mining claimants,
permittees, licensees, and lessees of the
United States, and the United States
shall not be liable for the acts or
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Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Notices
omissions of its mining claimants,
permittees, licensees, and lessees.
(3) The conveyance document would
be subject to all valid existing rights.
(4) The parcel is subject to
reservations for roads and public
utilities.
(5) An appropriate indemnification
clause protecting the United States from
claims arising out of the patentee’s use,
occupancy, or occupation on the
patented lands.
(6) Additional terms and conditions
that the authorized officer deems
appropriate.
The BLM will publish this notice
once a week for three consecutive weeks
in the Tonopah Times-Bonanza &
Goldfield News. Comments will be
accepted as discussed in the ADDRESSES
section above.
Any adverse comments regarding the
sale will be reviewed by the BLM
Nevada State Director or other
authorized official of the Department of
the Interior, who may sustain, vacate, or
modify this realty action in response to
such comments. In the absence of
adverse comments, this realty action
will become the final determination of
the Department of the Interior.
The planning area is in Nye County,
Nevada and encompasses approximately
248.74 acres of public land. The scope
of this land use planning process does
not include addressing the evaluation or
designation of areas of critical
environmental concern (ACECs), and
the BLM is not considering ACEC
nominations as part of this process.
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Purpose and Need
The purpose of the Federal action is
to consider an RMP Amendment to
make available by direct sale BLMadministered public lands that are not
currently identified for disposal in the
Tonopah RMP, as well as to respond to
Foreland’s request for a FLPMA direct
land sale. The need for the action is
established by BLM’s responsibility
under section 203 of FLPMA and 43
CFR 2711.1–1(c) to respond to a request
for a land sale, and to ensure
compliance with the Tonopah RMP
Management Decisions.
Preliminary Alternatives
There are currently no alternatives
other than the no action alternative. The
BLM welcomes comments on all
preliminary alternatives as well as
suggestions for additional alternatives.
Planning Criteria
The planning criteria guides the
planning effort and lays the groundwork
for effects analysis by identifying the
preliminary issues and their analytical
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frameworks. Preliminary issues for the
planning area have been identified by
BLM personnel and from early
engagement conducted for this planning
effort with Federal, Tribal, State, and
local agencies, and other stakeholders.
The planning criteria are available for
public review and comment at the BLM
National NEPA Register (see
ADDRESSES).
Public Scoping Process
This notice of intent initiates the
scoping period and public review of the
planning criteria, which guide the
development and analysis of the RMP
Amendment and EA.
The BLM does not intend to hold any
public meetings, in-person or virtual,
during the public scoping period.
Should the BLM later determine to hold
public meetings, the specific date(s) and
location(s) of any meeting will be
announced at least 15 days in advance
through the local media, newspapers,
and the project’s web page on the BLM
National NEPA Register.
Sale Notifications
The notification of the proposed RMP
Amendment and EA and, if applicable,
signed finding of no significant impact
(FONSI) would begin a 30-day protest
period subject to BLM Manual Section
2711.1 step 4(d) on the land-sale
decision. The BLM Nevada State
Director will review all protests and
may sustain, vacate, or modify the RMP
Amendment and land sale, in whole or
in part. In the absence of any protests,
the BLM may select the approved RMP
Amendment alternative and prepare a
decision record which would document
the final determination of the
Department of the Interior for the land
sale.
Any other subsequent notices related
to the RMP Amendment and land sale
may also be published in the local
newspaper.
Interdisciplinary Team
The BLM will use an interdisciplinary
approach to develop the plan to
consider the variety of resource issues
and concerns identified. Specialists
with expertise in the following
disciplines will be involved in this
planning effort: outdoor recreation,
archaeology, lands and realty, sociology,
cultural resources, paleontological
resources, Native American
coordination and consultation,
environmental justice, social and
economic values, recreational resources,
visual resources, wilderness, geology,
minerals, wastes—hazardous or solid,
wildlife, threatened and endangered
species, special status species, migratory
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54035
birds, noise, wild horses and burros,
water quality/quantity, wetlands and/or
riparian zones, wild and scenic rivers,
floodplains, grazing management,
noxious weeds and invasive non-native
species, human health and safety, soils,
vegetation, forestry, air quality, and land
use authorization.
Additional Information
The BLM will identify, analyze, and
consider mitigation to address the
reasonably foreseeable impacts to
resources from the proposed plan
amendment and all analyzed reasonable
alternatives and, in accordance with 40
CFR 1502.14(e), include appropriate
mitigation measures not already
included in the proposed plan
amendment or alternatives. Mitigation
may include avoidance, minimization,
rectification, reduction or elimination
over time, and compensation; and it
may be considered at multiple scales,
including the landscape scale.
The BLM will utilize and coordinate
the NEPA and land use planning
processes for this planning effort to help
support compliance with applicable
procedural requirements under the
Endangered Species Act (16 U.S.C.
1536) and Section 106 of the National
Historic Preservation Act (54 U.S.C.
306108) as provided in 36 CFR
800.2(d)(3), including public
involvement requirements of Section
106. The information about historic and
cultural resources and threatened and
endangered species within the area
potentially affected by the proposed
plan will assist the BLM in identifying
and evaluating impacts to such
resources.
The BLM will consult with local
Tribes on a government-to-government
basis in accordance with Executive
Order 13175, BLM Manual 1780, and
other Departmental policies. Tribal
concerns, including impacts on Indian
trust assets and potential impacts to
cultural resources, will be given due
consideration. Federal, State, and local
agencies, along with Indian Tribal
Nations and stakeholders that may be
interested in or affected by the proposed
sale of public land in Nye County,
Nevada and the proposed RMP
Amendment, and accompanying Record
of Decision that the BLM is evaluating,
are invited to participate in the scoping
process and, if eligible, may request or
be requested by the BLM to participate
in the development of the
environmental analysis as a cooperating
agency.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
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Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Notices
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.
(Authority: 40 CFR 1501.9, 43 CFR 1610.2,
and 43 CFR 2710)
Jon K. Raby,
State Director.
[FR Doc. 2024–14176 Filed 6–27–24; 8:45 am]
BILLING CODE 4331–21–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–SERO–NCPTT–38001; PPWOCRADTI,
PCU00PT14.GT0000]
Preservation Technology and Training
Board Notice of Public Meeting
National Park Service, Interior.
Meeting notice.
AGENCY:
ACTION:
In accordance with the
Federal Advisory Committee Act of
1972, as amended, the National Park
Service (NPS) is hereby giving notice
that the Preservation Technology and
Training Board (Board) of the National
Center for Preservation Technology and
Training (NCPTT) will meet as
indicated below.
DATES: The in-person meeting will take
place from 9:00 a.m. to 5:00 p.m.
(Central) or until business is completed
on Wednesday, July 17, 2024, and from
9:00 a.m. to 12:00 p.m. (Central) on
Thursday, July 18, 2024.
ADDRESSES: The Board will meet at The
University of Texas at San Antonio
downtown campus, 501 W Cesar Chavez
Boulevard, Frio Street Building, San
Antonio, Texas 78207.
FOR FURTHER INFORMATION CONTACT:
Anyone interested in attending should
contact Kirk A. Cordell, Executive
Director, National Center for
Preservation Technology and Training,
645 University Parkway, Natchitoches,
Louisiana 71457, by telephone (318)
356–7444, or by email kirk_cordell@
nps.gov. Individuals in the United
States who are deaf, deafblind, hard of
hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to
access telecommunications relay
services. Individuals outside the United
States should use the relay services
offered within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: The Board
was established by Congress to provide
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SUMMARY:
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leadership, policy advice, and
professional oversight to the NCPTT in
compliance with section 404 of the
National Historic Preservation Act of
1966, as amended (54 U.S.C. 305303).
All meetings are open to the public and
will have time allocated for public
comment.
Purpose of the Meeting: The Board
meeting will consist of the following
proposed agenda items:
1. Review and Comment on NCPTT FY
2023 Accomplishments, and
Operational Priorities for FY 2024
2. FY 2023 and FY 2024 NCPTT Budget
and Initiatives
3. Research Activities
4. Training Activities
5. Public Comments
6. Adjournment
The final agenda will be posted on the
Board’s website at https://www.nps.gov/
subjects/ncptt/ptt-board.htm. Interested
persons may present, either orally or
through written comments, information
for the Board to consider during the
public meeting. Written comments will
be accepted prior to, during, or after the
meeting. Members of the public may
submit written comments by mailing
them to the person listed in the FOR
FURTHER INFORMATION CONTACT section.
Due to time constraints during the
meeting, the Board is not able to read
written public comments submitted into
the record. Individuals or groups
requesting to make oral comments at the
public Board meeting will be limited to
no more than three minutes per speaker.
All comments will be made part of the
public record and will be electronically
distributed to all Board members.
Detailed minutes of the meeting will be
available for public inspection within
90 days of the meeting.
Requests for Accommodations: The
meeting is open to the public. Please
make requests in advance for sign
language interpreter services, assistive
listening devices, language translation
services, or other reasonable
accommodations. We ask that you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section of
this notice at least seven (7) business
days prior to the meeting to give the
Department of the Interior sufficient
time to process your request. All
reasonable accommodation requests are
managed on a case-by-case basis.
Public Disclosure of Comments:
Before including your address, phone
number, email address, or other
personal identifying information in your
written comments, you should be aware
that your entire comment including
your personal identifying information
will be publicly available. While you
can ask us in your comment to withhold
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your personal identifying information
from public review, we cannot
guarantee that we will be able to do so.
Authority: 5 U.S.C. ch. 10.
Alma Ripps,
Chief, Office of Policy.
[FR Doc. 2024–14221 Filed 6–27–24; 8:45 am]
BILLING CODE 4312–52–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–ACR–NPS0035530; 5038
PPSESEROR4 PX.P0318045B.00.1; OMB
Control Number 1024–NEW]
Agency Information Collection
Activities; National Park Service
Application for the Lower Mississippi
Delta Initiative
National Park Service, Interior.
Notice of information collection;
request for comment.
AGENCY:
ACTION:
In accordance with the
Paperwork Reduction Act of 1995 we,
the National Park Service (NPS), are
proposing a new information collection.
DATES: Interested persons are invited to
submit comments on or before August
27, 2024.
ADDRESSES: Please provide a copy of
your comments to the NPS Information
Collection Clearance Officer (ADIR–
ICCO), 13461 Sunrise Valley Drive,
(MS–244) Herndon, VA 20171 (mail); or
to phadrea_ponds@nps.gov (email).
Please reference OMB Control Number
1024–NEW (LMDI) in the subject line of
your comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Cynthia Walton,
Branch Manager, Archeological and
Historic Preservation Partnerships to
cynthia_walton@nps.gov (email) or at
404–354–6072 (telephone). Please
reference OMB Control Number 1024–
NEW (LMDI) in the subject line of your
comments. Individuals in the United
States who are deaf, deafblind, hard of
hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to
access telecommunications relay
services. Individuals outside the United
States should use the relay services
offered within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995 (PRA, 44 U.S.C.
3501 et seq.) and 5 CFR 1320.8(d)(1), we
provide the general public and other
Federal agencies with an opportunity to
comment on new, proposed, revised,
SUMMARY:
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Agencies
[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Notices]
[Pages 54033-54036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14176]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_NV_FRN_MO#4500176314]
Notice of Intent To Amend a Resource Management Plan and Prepare
an Associated Environmental Assessment; Notice of Realty Action:
Proposed Sale of Public Land in Nye County, Nevada
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of intent; notice of realty action.
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SUMMARY: In compliance with the National Environmental Policy Act of
1969, as amended (NEPA), and the Federal Land Policy and Management Act
of 1976, as amended (FLPMA), the Bureau of Land Management (BLM) Nevada
State Director intends to prepare a Resource Management Plan (RMP)
Amendment with an associated Environmental Assessment (EA) for the non-
competitive direct sale of 248.74 acres of public land in rural east-
central Nye County, Nevada to Foreland Refining Corporation (Foreland)
(N-100365/NVNV105851725). The sale would be for no less than the
appraised fair market value. The sale would be subject to the
applicable provisions of section 203 of FLPMA and the BLM land sale
regulations. This notice announces the beginning of the scoping period
to solicit public comments and identify issues, provides the planning
criteria for public review, and announces a comment period on the
proposed realty action offering the sale of public land.
DATES: Interested parties may submit written comments concerning the
proposed land sale, scope of the analysis, potential alternatives, and
identification of relevant information and studies by August 12, 2024.
To afford the BLM the opportunity to consider issues raised by
commenters in the Draft RMP Amendment and EA, please ensure your
comments are received prior to the close of the 45-day scoping period
or 15 days after the last public meeting, whichever is later.
ADDRESSES: You may submit written comments concerning the realty action
and on issues and planning criteria related to the proposed RMP
Amendment and non-competitive direct sale of public land in Nye County,
Nevada, by any of the following methods:
Website: https://eplanning.blm.gov/eplanning-ui/project/2024259/510.
Email: [email protected].
[[Page 54034]]
Fax: 775-482-7810.
Mail: BLM, Tonopah Field Office, P.O. Box 911 (1553 South
Main Street), Tonopah, Nevada 89049.
Documents pertinent to this proposal may be examined online at
https://eplanning.blm.gov/eplanning-ui/project/2024259/510 and at the
Tonopah Field Office.
FOR FURTHER INFORMATION CONTACT: Frederick Marcell, Lead Realty
Specialist, Nevada State Office; telephone 202 912-7339; email at
[email protected]; or Perry Wickham, Field Manager, telephone 775-482-
7801; Tonopah Field Office, P.O. Box 911 (1553 South Main Street),
Tonopah, Nevada 89049; email [email protected]. Contact Mr. Wickham to
have your name added to our mailing list. Individuals in the United
States who are deaf, deafblind, hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services relay services. Individuals outside
the United States should use the relay services offered within their
country to make international calls to the point-of-contact in the
United States.
SUPPLEMENTARY INFORMATION: This document provides notice that the BLM
Nevada State Director proposes to segregate the identified public land
and prepare an RMP Amendment with an associated EA for the non-
competitive direct sale of public land in Nye County, Nevada, and
announces the beginning of the scoping process to seek public input on
issues and planning criteria. The RMP Amendment would change the
existing 1997 Tonopah Field Office Record of Decision and Approved RMP.
The RMP Amendment is being considered to evaluate whether the subject
parcel of public land meets the disposal criteria described in section
203 of FLPMA.
Foreland holds a right-of-way grant (N-41035/NVNV105896178) on the
northwestern 40-acre portion of the proposed sale parcel, which
contains the Eagle Springs Refinery. The purpose of the sale would be
to protect existing Eagle Springs Refinery improvements consisting of
fencing, underground phone lines, roads, multiple buildings, an on-site
water well, propane tank, and septic system, and the refinery's oil
delivery/distribution systems for refining operations, and to allow for
future expansion of the refinery. The sale would be subject to the
applicable provisions of Section 203 of FLPMA and the BLM land sale
regulations. The subject parcel was not previously identified for
disposal in the RMP; therefore, the BLM must amend the RMP for the
proposed sale to proceed.
The BLM will examine the following described public land for
disposal suitability:
Mount Diablo Meridian, Nevada,
T. 9 N., R. 56 E.,
Sec. 24, S\1/2\NE\1/4\SE\1/4\ and SE\1/4\SE\1/4\;
Sec. 25, E\1/2\NE\1/4\.
T. 9 N., R. 57 E.,
Sec. 19, lot 4;
Sec. 30, lots 1 and 2.[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][NOTICES][NOTICE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/
SUBJECT][/PREAMB][SUPLINF][HED]*[/HED][EXTRACT][P]*[/P]?>
The area described contains 248.74 acres, according to the
official plats of the surveys on file with the BLM.
Upon publication of this Notice in the Federal Register, the public
land described above will be segregated from all forms of appropriation
under the public land laws, including the mining laws, except for the
sale provisions of FLPMA. The segregation will terminate upon (1)
issuance of a conveyance document; (2) publication in the Federal
Register terminating the segregation; or (3) two years from publication
of this notice, unless extended by the BLM Nevada State Director in
accordance with 43 CFR 2711.1-2(d).
In addition, upon publication of this notice and until completion
of this sale, the BLM will no longer accept land-use applications
affecting the identified public land, except applications to amend
previously filed right-of-way applications or existing authorizations
to modify grant terms in accordance with 43 CFR 2807.15 and 43 CFR
2886.15.
The BLM will analyze the parcel and develop an EA to evaluate the
environmental effects of the proposed RMP Amendment and the sale
criteria under FLPMA Section 203(a)(3) and 43 CFR 2710.0-3(a)(3) to
ensure the disposal of the tract will serve important public
objectives, including for the conveyance out of Federal ownership of a
parcel of public land that, because of its location or other
characteristics, is difficult and uneconomic to manage as part of the
public lands and is not suitable for management by another Federal
department or agency. After the BLM has analyzed public scoping
comments and prepared the analysis, the EA will be available for a 30-
day comment period. The parcel being considered for direct sale is not
required for any other Federal purpose. Regulations contained in 43 CFR
2710.0-6(c)(3)(iii) and 2711.3-3(a)(3) make allowances for direct sales
where necessary to protect existing equities in the public land and
where there is a need to recognize an authorized use such as an
existing business that could suffer a substantial economic loss if the
tract were purchased by other than the authorized user. The BLM will
consider selling this parcel if it is determined that the public
interest would best be served by selling the BLM-administered land for
the fair market value and ensure the Federal Government receives fair
compensation for the sale of the parcel.
The subject parcel is located on both sides of United States
Highway 6, which allows access to the area from either Tonopah or Ely,
Nevada. The BLM has determined the parcel is not an access point for
recreation in accordance with Secretary's Order 3373, Evaluating Public
Access in Bureau of Land Management Public Disposal and Exchanges.
Disposal of this parcel will have no anticipated impacts on
recreational access to adjacent parcels of publicly accessible lands.
The conveyance document, if issued, will contain the following
reservations, terms, and conditions:
(1) The reservation of a right-of way thereon for ditches or canals
constructed by the authority of the United States, Act of August 30,
1890 (43 U.S.C. 945).
(2) The reservation of all the mineral deposits in the land so
patented pursuant to the Act of October 21, 1976 (43 U.S.C. 1719),
including, without limitation, substances subject to disposition under
the general mining laws, the general mineral leasing laws, the
Materials Act, and the Geothermal Steam Act, and to it, its permittees,
licensees, lessees, and mining claimants, the right to prospect for,
mine, and remove the minerals owned by the United States under
applicable law and such regulations as the Secretary of the Interior
may prescribe. This reservation includes necessary access and exit
rights and the right to conduct all necessary and incidental activities
including, without limitation, all drilling, underground, open pit or
surface mining operations, storage, and transportation facilities
deemed reasonably necessary.
Unless otherwise provided by separate agreement with the surface
owner, mining claimants, permittees, licensees, and lessees of the
United States shall reclaim disturbed areas to the extent prescribed by
regulations issued by the Secretary of the Interior.
All causes of action brought to enforce the rights of the surface
owner under the regulations above referred to shall be instituted
against mining claimants, permittees, licensees, and lessees of the
United States, and the United States shall not be liable for the acts
or
[[Page 54035]]
omissions of its mining claimants, permittees, licensees, and lessees.
(3) The conveyance document would be subject to all valid existing
rights.
(4) The parcel is subject to reservations for roads and public
utilities.
(5) An appropriate indemnification clause protecting the United
States from claims arising out of the patentee's use, occupancy, or
occupation on the patented lands.
(6) Additional terms and conditions that the authorized officer
deems appropriate.
The BLM will publish this notice once a week for three consecutive
weeks in the Tonopah Times-Bonanza & Goldfield News. Comments will be
accepted as discussed in the ADDRESSES section above.
Any adverse comments regarding the sale will be reviewed by the BLM
Nevada State Director or other authorized official of the Department of
the Interior, who may sustain, vacate, or modify this realty action in
response to such comments. In the absence of adverse comments, this
realty action will become the final determination of the Department of
the Interior.
The planning area is in Nye County, Nevada and encompasses
approximately 248.74 acres of public land. The scope of this land use
planning process does not include addressing the evaluation or
designation of areas of critical environmental concern (ACECs), and the
BLM is not considering ACEC nominations as part of this process.
Purpose and Need
The purpose of the Federal action is to consider an RMP Amendment
to make available by direct sale BLM-administered public lands that are
not currently identified for disposal in the Tonopah RMP, as well as to
respond to Foreland's request for a FLPMA direct land sale. The need
for the action is established by BLM's responsibility under section 203
of FLPMA and 43 CFR 2711.1-1(c) to respond to a request for a land
sale, and to ensure compliance with the Tonopah RMP Management
Decisions.
Preliminary Alternatives
There are currently no alternatives other than the no action
alternative. The BLM welcomes comments on all preliminary alternatives
as well as suggestions for additional alternatives.
Planning Criteria
The planning criteria guides the planning effort and lays the
groundwork for effects analysis by identifying the preliminary issues
and their analytical frameworks. Preliminary issues for the planning
area have been identified by BLM personnel and from early engagement
conducted for this planning effort with Federal, Tribal, State, and
local agencies, and other stakeholders. The planning criteria are
available for public review and comment at the BLM National NEPA
Register (see ADDRESSES).
Public Scoping Process
This notice of intent initiates the scoping period and public
review of the planning criteria, which guide the development and
analysis of the RMP Amendment and EA.
The BLM does not intend to hold any public meetings, in-person or
virtual, during the public scoping period. Should the BLM later
determine to hold public meetings, the specific date(s) and location(s)
of any meeting will be announced at least 15 days in advance through
the local media, newspapers, and the project's web page on the BLM
National NEPA Register.
Sale Notifications
The notification of the proposed RMP Amendment and EA and, if
applicable, signed finding of no significant impact (FONSI) would begin
a 30-day protest period subject to BLM Manual Section 2711.1 step 4(d)
on the land-sale decision. The BLM Nevada State Director will review
all protests and may sustain, vacate, or modify the RMP Amendment and
land sale, in whole or in part. In the absence of any protests, the BLM
may select the approved RMP Amendment alternative and prepare a
decision record which would document the final determination of the
Department of the Interior for the land sale.
Any other subsequent notices related to the RMP Amendment and land
sale may also be published in the local newspaper.
Interdisciplinary Team
The BLM will use an interdisciplinary approach to develop the plan
to consider the variety of resource issues and concerns identified.
Specialists with expertise in the following disciplines will be
involved in this planning effort: outdoor recreation, archaeology,
lands and realty, sociology, cultural resources, paleontological
resources, Native American coordination and consultation, environmental
justice, social and economic values, recreational resources, visual
resources, wilderness, geology, minerals, wastes--hazardous or solid,
wildlife, threatened and endangered species, special status species,
migratory birds, noise, wild horses and burros, water quality/quantity,
wetlands and/or riparian zones, wild and scenic rivers, floodplains,
grazing management, noxious weeds and invasive non-native species,
human health and safety, soils, vegetation, forestry, air quality, and
land use authorization.
Additional Information
The BLM will identify, analyze, and consider mitigation to address
the reasonably foreseeable impacts to resources from the proposed plan
amendment and all analyzed reasonable alternatives and, in accordance
with 40 CFR 1502.14(e), include appropriate mitigation measures not
already included in the proposed plan amendment or alternatives.
Mitigation may include avoidance, minimization, rectification,
reduction or elimination over time, and compensation; and it may be
considered at multiple scales, including the landscape scale.
The BLM will utilize and coordinate the NEPA and land use planning
processes for this planning effort to help support compliance with
applicable procedural requirements under the Endangered Species Act (16
U.S.C. 1536) and Section 106 of the National Historic Preservation Act
(54 U.S.C. 306108) as provided in 36 CFR 800.2(d)(3), including public
involvement requirements of Section 106. The information about historic
and cultural resources and threatened and endangered species within the
area potentially affected by the proposed plan will assist the BLM in
identifying and evaluating impacts to such resources.
The BLM will consult with local Tribes on a government-to-
government basis in accordance with Executive Order 13175, BLM Manual
1780, and other Departmental policies. Tribal concerns, including
impacts on Indian trust assets and potential impacts to cultural
resources, will be given due consideration. Federal, State, and local
agencies, along with Indian Tribal Nations and stakeholders that may be
interested in or affected by the proposed sale of public land in Nye
County, Nevada and the proposed RMP Amendment, and accompanying Record
of Decision that the BLM is evaluating, are invited to participate in
the scoping process and, if eligible, may request or be requested by
the BLM to participate in the development of the environmental analysis
as a cooperating agency.
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that
[[Page 54036]]
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.
(Authority: 40 CFR 1501.9, 43 CFR 1610.2, and 43 CFR 2710)
Jon K. Raby,
State Director.
[FR Doc. 2024-14176 Filed 6-27-24; 8:45 am]
BILLING CODE 4331-21-P