Bureau of Land Management February 2006 – Federal Register Recent Federal Regulation Documents

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management's (BLM) Utah Resource Advisory Council (RAC) will meet as indicated below.

Notice is hereby given that the coal reserves in the lands described below in Mercer County, North Dakota, will be offered for competitive lease by sealed bid in accordance with the provisions of the Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et seq.).

Pursuant to 43 CFR Part 1600, the Bureau of Land Management (BLM) Upper Snake Field Office (USFO) proposes to amend the Medicine Lodge Resource Management Plan (RMP) to identify a 1.25 acre parcel of public land for disposal in Bonneville County, Idaho. Additionally, the USFO proposes to patent the parcel to Dale E. McDowell, Louise J. Prudhomme, and George McDowell reserving a conservation easement to the United States.

In accordance with the National Environmental Policy Act of 1969, the Federal Land Policy and Management Act of 1976, and the Bureau of Land Management (BLM) management policies, the BLM announces the availability of the Record of Decision (ROD) for the Clear Creek Management Area (CCMA) Resource Management Plan Amendment (RMPA) and Route Designations. CCMA is located in San Benito and western Fresno counties in California. In accordance with BLM regulations, 43 Code of Federal Regulation 1610.5-2(b), all protests to the Director on planning decisions were resolved prior to approving the ROD. The decision of the Director is the final decision for land use planning decisions of the Department of the Interior. The ROD was signed on January 13, 2006 and was effective immediately.

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from KCS Resources, Inc. of competitive oil and gas lease WYW134998 for lands in Fremont County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law.

The purpose of this notice is to solicit public nominations for the position representing the Public Interest (previously listed as Public at Large) on the Wild Horse and Burro Advisory Board. The Board provides advice concerning management, protection, and control of wild free-roaming horses and burros on the public lands administered by the Department of the Interior, through the Bureau of Land Management, and the Department of Agriculture, through the Forest Service.

The Bureau of Land Management (BLM), Prineville District Office, intends to prepare a Resource Management Plan (RMP) with an associated Environmental Impact Statement (EIS) for the John Day Basin, and by this notice is announcing public scoping meetings. The RMP will amend or replace certain decisions within the John Day RMP (1985) and the portions of the Two Rivers RMP (1986) and Baker RMP (1989) that guide the management of public lands located in the Planning Area.

Pursuant to section 102 (2)(C) of the National Environmental Policy Act of 1969, the Bureau of Land Management (BLM), Ely Field Office, will be directing the preparation of an environmental impact statement (EIS) and conducting public scoping meetings for the proposed Toquop Energy Power Project, which is a coal-fired electric power generating plant and associated ancillary facilities. BLM has received right-of-way applicants for this project from Toquop Energy Inc. The EIS will assess the potential impacts of a right-of-way for a proposed coal-fired facility and a new railroad line to transport coal to the facility. The Toquop Energy Power Project was previously analyzed in a March 2003 EIS as an 1100 MW gas-fired electric generating facility. Use of an alternative fuel such as coal was eliminated from the 2003 EIS and never analyzed due to economics and other factors at the time.

The Bureau of Land Management (BLM) hereby provides notice that it will offer two parcels of public lands located in Rio Grande and Conejos Counties, Colorado, for sale at not less than their respective appraised fair market values. The Del Norte Field Manager has determined that because Parcel 1 has no legal access via any public road and is surrounded by private lands, it will be offered for sale only to the current adjoining landowners under modified competitive sale procedures. The La Jara Field Manager has determined that Parcel 2 has legal access via a public road and will be sold individually under competitive sale procedures open to any person or entity qualified to bid. Sales of both parcels will be by sealed bid only.

This notice terminates the existing classification for 80.00 acres of public land that was classified as suitable for disposal through exchange under section 8 of the Taylor Grazing Act (43 U.S.C. 315g) and opens the land to operation of the public land laws and location and entry under the mining laws, subject to the existing laws, rules, and regulations applicable to public lands administered by the BLM. The land has been and will remain open to mineral leasing.

As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Mary's Igloo Native Corporation. The lands are located in T. 2 S., R. 29 W., and T. 5 S., R. 30 W., Kateel River Meridian, Alaska, in the vicinity of Mary's Igloo, Alaska, and containing 7,758.50 acres. Notice of the decision will also be published four times in the Nome Nugget.

The Bureau of Land Management (BLM) has determined land located in San Miguel County, New Mexico is suitable for classification for lease or conveyance to El Valle de Cristo Church, a non-profit organization, under authority of the Recreation and Public Purposes Act, as amended (43 U.S.C. 869 et seq.).

A 3.21 acre parcel of public land in Conejos County, Colorado is being considered for direct sale to Hal and Mindy Wilson to resolve an unauthorized use of public land.

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Central California Resource Advisory Council will meet as indicated below.

This notice is published in accordance with Section 10(a)(2) of the Federal Advisory Committee Act. Meeting notice is hereby given for the Salem Oregon BLM Resource Advisory Committee pursuant to Section 205 of the Secure Rural Schools and Community Self Determination Act of 2000, Public Law 106-393 (the Act). Topics to be discussed by the Salem BLM Resource Advisory Committee include: reviewing 2006 project applications, developing funding recommendations for 2006 projects, monitoring progress of previously approved projects, and scheduling field reviews of projects.

This order partially revokes an Executive Order insofar as it affects 40 acres of public land withdrawn for the Bureau of Land Management's Power Site Reserve No. 32. This order also opens the land to surface entry subject to valid existing rights and other segregations of record.

The Bureau of Land Management, Eastern States Office, Springfield, Virginia, hereby gives notice that an Environmental Assessment (EA) is available and a public hearing will be held to lease Federal coal pursuant to 43 Code of Federal Regulations (CFR) 3425.4. The EA analyzes and discloses direct, indirect, and cumulative environmental impacts of issuing competitively a Federal coal lease for 314.53 acres in the Daniel Boone National Forest (DBNF) Clay County, Kentucky. The purpose of the public hearing is to solicit comments from the public on (1) The proposal to issue a Federal coal lease; (2) the proposed competitive lease sale; (3) the Fair Market Value (FMV) of the Federal coal; and (4) Maximum Economic Recovery (MER) of the Federal coal included in the tracts.

Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969, the Bureau of Land Management (BLM), Vernal Field Office, Vernal, Utah, will prepare an EIS on the proposed expansion of existing natural gas field development operations. The EIS area encompasses approximately 236,165 acres predominately in the West Tavaputs Exploration and Development Area with some overlap into the Monument Butte-Red Wash, and East Tavaputs Exploration and Development Areas. The project is located primarily on BLM administered lands (203,357 acres). The project area also includes lands administered by the State of Utah (27,765 acres), and several private landowners (5,043 acres). Gasco has mineral lease rights underlying both the public and private lands. The Vernal Field Office Manager will be the authorized officer for this project.

Under the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act of 1976 (FLPMA) and associated regulations, the Bureau of Land Management (BLM) announces the availability of a Draft Environmental Impact Statement (DEIS) that evaluates, analyzes, and discloses to the public direct, indirect, and cumulative environmental impacts of a proposal to extract and transport natural gas and oil in Uintah County, Utah.

The Powder River Regional Coal Team (RCT) has scheduled a public meeting for April 19, 2006, to review current and proposed activities in the Powder River Coal Region and to review pending coal lease applications (LBA).

The purpose of this notice is to request public nominations for the Bureau of Land Management (BLM) Resource Advisory Councils (RACs) that have member terms expiring this year. The RACs provide advice and recommendations to BLM on land use planning and management of the public lands within their geographic areas. The BLM will consider public nominations for 45 days after the publication date of this notice.

Under the provisions of section 371(a) of the Energy Policy Act of 2005, the lessee, Charles A. Einarsen, timely filed a petition for reinstatement of competitive oil and gas lease WYW153586 in Natrona County, Wyoming. The lessee paid the required rental accruing from the date of termination, September 1, 2002, and submitted a signed agreement, specifying future rental and royalty rates for this lease would be at $10.00 per acre or fraction of an acre and 16\2/3\ percent respectively. In accordance with 43 CFR 3103.4-1 and 43 CFR 3108.2-3(f) the lessee petitioned to reduce the rental and royalty rates for the subject lease to the rates specified in sections 1 and 2 of the original lease agreement and submitted justification and rationalization for the request. After thoroughly reviewing the lessee's petition and taking into consideration the information submitted, we have granted the request to reduce the rental rates to those in Section 1 of the original lease agreement but have denied the request for a reduced royalty rate. The purpose of granting a reduced royalty rate is to extend the productive life of an existing well. Normally it cannot be determined whether a lease can be successfully operated at the higher royalty rate required for reinstated leases until the lease has been fully developed. Because the productivity of the leasehold has not been fully determined, the request for a reduced royalty rate is premature. No leases were issued that affect these lands. The lessee had paid the required $500 administrative fee for lease reinstatement and $166 cost for publishing this Notice. The lessee has met all the requirements for reinstatement of the lease per Sec. 31(e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188(e)). We are proposing to reinstate the lease, effective the date of termination subject to: The original terms and conditions of the lease; The rental rates specified in section 1 of the original lease agreement; and The increased royalty of 16\2/3\ percent or 4 percentages above the existing competitive royalty rate.

The Bureau of Land Management (BLM) is publishing this notice under section 9 (a)(2) of the Federal Advisory Committee Act. The BLM is giving notice that the Secretary of the Interior is establishing the Sonoran Desert National Monument Advisory Council (SDNMAC) and calling for nominations for positions on the SDNMAC. This notice requests the public to submit nominations for membership on the SDNMAC. Any individual or organization may nominate one or more persons to serve on the SDNMAC. Individuals may nominate themselves for SDNMAC membership.

Under the provisions of section 371(a) of the Energy Policy Act of 2005, the lessee, Palo Production Corporation, timely filed a petition for reinstatement of competitive oil and gas lease WYW132338 in Fremont County, Wyoming. The lessee paid the required rental accruing from the date of termination, June 1, 2002. No leases were issued that affect these lands. The lessee agrees to new lease terms for rentals of $10.00 per acre and royalties of 16\2/3\ percent or 4 percentages above the existing competitive royalty rate. The lessee has paid the required $500 administrative fee for the reinstatement of the lease and $166 cost for publishing this Notice. The lessee has met all the requirements for reinstatement of the lease per Sec. 31(e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188(e)). We are proposing to reinstate the lease, effective the date of termination subject to: The original terms and conditions of the lease; The increased rental of $10.00 per acre; and The increased royalty of 16\2/3\ percent or 4 percentages above the existing competitive royalty rate.

Under the provisions of Section 371(a) of the Energy Policy Act of 2005, the lessee, Rocksource Energy Corporation, timely filed a petition for reinstatement of competitive oil and gas lease WYW142145 in Fremont County, Wyoming. The lessee paid the required rental accruing from the date of termination, August 1, 2002. No leases were issued that affect these lands. The lessee agrees to new lease terms for rentals of $10.00 per acre and royalties of 16\2/3\ percent or 4 percentages above the existing competitive royalty rate. The lessee has paid the required $500 administrative fee for the reinstatement of the lease and $166 cost for publishing this Notice. The lessee has met all the requirements for reinstatement of the lease per Sec. 31(e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188(e)). We are proposing to reinstate the lease, effective the date of termination subject to: The original terms and conditions of the lease; The increased rental of $10.00 per acre; and The increased royalty of 16\2/3\ or 4 percentages above the existing competitive royalty rate.