Notice2021-16008
Notice of Realty Action: Proposed Non-Competitive Lease of Public Land in the Nome Census Area, Alaska
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 28, 2021
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 142 (Wednesday, July 28, 2021)</title>
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[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Notices]
[Pages 40618-40619]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
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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
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</html>Indexed from Federal Register on July 28, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.