Land Management Bureau October 2008 – Federal Register Recent Federal Regulation Documents

Christo and Jeanne Claude Over the River Corporation (OTR Corp.) has submitted a written proposal for a land use authorization to construct and display a temporary work of art titled Over the River\TM\, pursuant to Section 302 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732), using noncompetitive permit procedures as provided in regulations at 43 CFR 2920. Interested parties may submit comments to the BLM at the address stated below with respect to: (1) The decision of the BLM regarding the potential availability of the lands described herein, and (2) The decision of the BLM to entertain an application from OTR Corp. for a non-competitive land use permit.

The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLMEastern States, Springfield, Virginia, 30 calendar days from the date of publication in the Federal Register.

The Bureau of Land Management (BLM) is amending its right-of- way regulations to update the linear right-of-way rent schedule in 43 CFR parts 2800 and 2880. The rent schedule covers most linear rights- of-way granted under Title V of the Federal Land Policy and Management Act of 1976, as amended (FLPMA), and Section 28 of the Mineral Leasing Act of 1920, as amended (MLA). Those laws require the holder of a right-of-way grant to pay annually, in advance, the fair market value to occupy, use, or traverse public lands for facilities such as power lines, fiber optic lines, pipelines, roads, and ditches. Section 367 of the Energy Policy Act of 2005 (the Act) directs the Secretary of the Interior to update the per acre rent schedule found in 43 CFR 2806.20. The Act requires that the BLM revise the per acre rental fee zone value schedule by state, county, and type of linear right-of-way use to reflect current land values in each zone. The Act also requires the Secretary of Agriculture (Forest Service) to make the same revisions for rights-of-way on National Forest System (NFS) lands.

The Bureau of Land Management (BLM) has determined that certain public lands located in Kane County, Utah, are suitable for classification for conveyance to the Western Kane County Special Services District under the authority of the Recreation and Public Purposes (R&PP) Act, June 14, 1926, as amended (43 U.S.C. 869).

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 Delta Petroleum Corporation and Kerr McGee Oil & Gas Onshore LP for competitive oil and gas lease WYW152696 for land 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 John Day/Snake Resource Advisory Council (JDSRAC) meeting is scheduled for December 2, 2008, in Pendleton, Oregon. The John Day/Snake Resource Advisory Council meeting is scheduled for December 2, 2008. The meeting will take place at the Oxford Suites, 2400 SW Court, Pendleton, OR from 8 a.m.to 4 p.m. The meeting may include such topics as John Day Resource Management Plan, Wallowa- Whitman Weed Management, Climate Change, Forest and BLM Resource Management Planning, Restoration of the Lower Snake River, Transportation Planning, and other matters as may reasonably come before the council. The meeting is open to the public. Public comment is scheduled for 1 p.m. to 1:15 p.m. (Pacific Time) December 2, 2008. For a copy of the information to be distributed to the Council members, please submit a written request to the Vale District Office 10 days prior to the meeting.

As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the surface and subsurface estates in certain lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Tanacross, Incorporated. The lands are in the vicinity of Tanacross, Alaska, and are located in:

Notice of Filing of Plats of Survey; Alaska.

In accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) and the Federal Land Policy and Management Act of 1976 (FLPMA, 43 U.S.C. 1701 et seq.), the Bureau of Land Management (BLM), together with the California Public Utilities Commission (CPUC), has prepared a Final Environmental Impact Report/ Environmental Impact Statement (FEIR/EIS) and Proposed Land Use Plan Amendment for the Sunrise Powerlink Project proposed by San Diego Gas & Electric Company (SDG&E).

As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the surface and subsurface estates in certain lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Northway Natives, Incorporated. The lands are in the vicinity of Northway, Alaska, and are located in:

The Bureau of Land Management's California Desert District announces an extension of call for nominations from the public for five members of its Desert District Advisory Council to serve the 2009-2011 three-year term. The five positions to be filled include:

As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving the surface and subsurface estates in certain lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Kasigluk Inc. The lands are in the vicinity of Kasigluk, Alaska, and are located in:

In compliance with the National Environmental Policy Act of 1969, as amended (NEPA), and the California Environmental Quality Act (CEQA), the Department of the Interior, Bureau of Land Management (BLM), together with the California Energy Commission (Energy Commission), (hereinafter jointly referred to as the Agencies) intend to prepare an Environmental Impact Statement/Staff Assessment (EIS/SA), and a Proposed Land Use Plan Amendment, for the Stirling Energy Systems (SES) Solar Two Project (Project), a Stirling engine systems solar dish project in Imperial County, California. SES is seeking approval to construct and operate an electrical generating facility with a nominal capacity of 750 megawatts (MW), using concentrated solar thermal power. The approximately 6,500 acres of land needed to develop the Project consists of approximately 6,140 acres of BLM administered public land and approximately 360 acres of privately owned land. SES has submitted an application to the BLM requesting a right-of- way (ROW) to construct the Project and related facilities. Pursuant to the California Desert Conservation Area (CDCA) Plan (1980, as amended), sites associated with power generation or transmission not identified in the CDCA Plan will be considered through the plan amendment process. Under Federal law, BLM is responsible for processing requests for rights-of-way to authorize such proposed projects and associated transmission lines and other appurtenant facilities on land it manages. BLM must comply with the requirements of NEPA to ensure that environmental impacts associated with construction, operation, and decommissioning will be identified, analyzed and considered in the application process. In the case of solar thermal power plant projects, this will be accomplished through coordination of the state and federal application processes, public participation, environmental analysis, and the preparation of Draft and Final Environmental Impact Statement (EIS) in coordination with the Energy Commission and its Preliminary and Final Staff Assessments. Under California law, the Energy Commission is responsible for reviewing the applications for certification filed for thermal power plants over 50 MW, and also has the role of lead agency for the environmental review of such projects under the CEQA (Public Resources Code, section 25500 et seq.; and Public Resources Code, section 21000 et seq.) The Energy Commission conducts this review in accordance with the administrative adjudication provisions of the Administrative Procedure Act (Gov. Code, section 11400 et seq.) and its own regulations governing site certification proceedings (Cal. Code Regs., tit. 20, section 1701 et seq.), which have been deemed CEQA equivalent by the Secretary of Resources. SES Solar Two, LLC has submitted an Application for Certification (AFC) to the Energy Commission. The AFC facilitates analysis and review by staff prior to an Energy Commission decision.

In accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) and the Federal Land Policy and Management Act of 1976 (FLPMA, 43 U.S.C. 1701 et seq.), the Bureau of Land Management (BLM) has prepared a Draft Environmental Impact Statement (DEIS) for the South Gillette Area Coal project that contains four Federal Coal Lease By Applications (LBAs), and by this Notice is announcing a public hearing requesting comments on the DEIS, Maximum Economic Recovery (MER), and Fair Market Value (FMV) pursuant to 43 Code of Federal Regulations (CFR) 3425.4.

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 NANA Regional Corporation, Inc., Successor in Interest to Katyaak Corporation. The lands are in the vicinity of Kiana, Alaska, and are located in:

The Bureau of Land Management (BLM) announces that the Wild Horse and Burro Advisory Board will conduct a meeting on matters pertaining to management and protection of wild, free-roaming horses and burros on the Nation's public lands.

The BLM has examined and found suitable approximately 10 acres of public land in Do[ntilde]a Ana County, New Mexico for classification for lease or subsequent conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended (44 Stat. 741, as amended; 43 U.S.C. 869 et seq.) and section 212 of the Federal Land Policy and Management Act (FLPMA) of 1976, as amended. Do[ntilde]a Ana County proposes to use the land for the proposed Rodey Community Resource Center in Rodey, New Mexico.

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 Calista Corporation for lands located in the vicinity of Newtok and Chefornak, Alaska. Notice of the decision will also be published four times in the Anchorage Daily News.

The Bureau of Land Management (BLM) has examined and found suitable for classification and conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, approximately 80 acres of public land in Lander County, Nevada. Lander County proposes to use the land for a waste water treatment facility.

The Secretary of the Interior proposes to withdraw 550 acres of public land from surface entry and mining for reclamation purposes on behalf of the Bureau of Reclamation. This notice segregates the lands for up to 2 years from surface entry and mining while various studies and analyses are made to support a final decision on the withdrawal application. The lands will remain open to mineral and geothermal leasing and mineral material sales.

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 Delta Petroleum Corporation for competitive oil and gas leases WAOR61140 and WAOR61142, for lands in Benton County, Washington. The petition was filed on time and was accompanied by all the rentals due since the date the leases terminated under the law.

In Federal Register [73 FR 50342] on Tuesday, August 26, 2008, make the following correction. Under the SUPPLEMENTARY INFORMATION heading, the legal description should read:

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 The Kuskokwim Corporation, Successor in Interest to Lower Kalskag Incorporated. The lands are in the vicinity of Lower Kalskag, Alaska, and are located in:

In accordance with the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) and the Federal Land Policy and Management Act of 1976 (FLPMA, 43 U.S.C. 1701 et seq.), the Bureau of Land Management (BLM) has prepared an Additional Air Quality Impact Assessment to Support the Draft Resource Management Plan Draft Environmental Impact Statement (DRMP/DEIS) for the Little Snake Field Office and by this notice is announcing the opening of the comment period.

The Bureau of Reclamation (BOR) proposes that 9 withdrawals for the Provo River Project be continued for 20 years. The lands are still needed for the purpose for which they were withdrawn. The lands would remain withdrawn as specified in the orders.