Notice2021-17359
Notice to Re-Initiate Proposed Withdrawal; Sagebrush Focal Areas
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
August 13, 2021
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
In compliance with an Order from the United States District Court for the District of Idaho (the Court), this notice announces that the Secretary of the Interior is re-initiating consideration of the September 24, 2015, proposal by the Assistant Secretary for Land and Minerals Management, as amended on December 30, 2016, to withdraw approximately 10 million acres of public and National Forest System lands from location and entry under the United States mining laws to protect the Greater Sage-Grouse and its habitat, subject to valid existing rights. The lands included in this proposal are referred to as Sagebrush Focal Areas (SFAs). The Bureau of Land Management (BLM) had previously canceled the withdrawal application. The Court vacated cancellation of the withdrawal application and proposal and remanded to the BLM for further proceedings and consideration of whether the withdrawal is needed for sage grouse conservation. Accordingly, this notice announces that the BLM is now re-initiating the National Environmental Policy Act (NEPA) process to inform the Secretary's consideration of whether to withdraw any of the lands proposed for withdrawal. This notice does not segregate any of the lands described in the proposal, which, subject to any overlapping withdrawals, remain open to location and entry under the mining laws.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 154 (Friday, August 13, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Notices]
[Pages 44742-44743]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17359]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[212.LLHQ230000.L11700000.PI0000. LXSGCO000000]
Notice to Re-Initiate Proposed Withdrawal; Sagebrush Focal Areas
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of re-initiation.
-----------------------------------------------------------------------
SUMMARY: In compliance with an Order from the United States District
Court for the District of Idaho (the Court), this notice announces that
the Secretary of the Interior is re-initiating consideration of the
September 24, 2015, proposal by the Assistant Secretary for Land and
Minerals Management, as amended on December 30, 2016, to withdraw
approximately 10 million acres of public and National Forest System
lands from location and entry under the United States mining laws to
protect the Greater Sage-Grouse and its habitat, subject to valid
existing rights. The lands included in this proposal are referred to as
Sagebrush Focal Areas (SFAs). The Bureau of Land Management (BLM) had
previously canceled the withdrawal application. The Court vacated
cancellation of the withdrawal application and proposal and remanded to
the BLM for further
[[Page 44743]]
proceedings and consideration of whether the withdrawal is needed for
sage grouse conservation. Accordingly, this notice announces that the
BLM is now re-initiating the National Environmental Policy Act (NEPA)
process to inform the Secretary's consideration of whether to withdraw
any of the lands proposed for withdrawal. This notice does not
segregate any of the lands described in the proposal, which, subject to
any overlapping withdrawals, remain open to location and entry under
the mining laws.
DATES: The BLM will shortly issue a new draft Environmental Impact
Statement (EIS) and publish a Notice of Availability (NOA) initiating a
public comment period.
FOR FURTHER INFORMATION CONTACT: Patricia Deibert, National Sage-grouse
Coordinator (Acting), BLM Headquarters, at email:
<a href="/cdn-cgi/l/email-protection#e2808e8fbd8a93bd918483bd958b968a86908395838ea2808e8fcc858d94"><span class="__cf_email__" data-cfemail="157779784a7d644a6673744a627c617d716774627479557779783b727a63">[email protected]</span></a>; telephone: 307-757-3709. Persons who use
a telecommunications device for the deaf (TDD) may call the Federal
Relay Service (FRS) at 1-800-877-8339 to contact Ms. Seibert during
normal business hours. The FRS is available 24 hours a day, 7 days a
week, to leave a message or question. You will receive a reply during
normal business hours.
SUPPLEMENTARY INFORMATION: On September 24, 2015, a Notice of Proposed
Withdrawal was published in the Federal Register (80 FR 57635), as
corrected (80 FR 63583), which provided notice of the proposal to
withdraw approximately 10 million acres of Federal lands in Idaho,
Montana, Nevada, Oregon, Utah, and Wyoming from location and entry
under the United States mining laws for 20 years, subject to valid
existing rights. The lands included in the proposed action are National
System of Public Lands and National Forest System lands administered by
the BLM and the United States Forest Service (USFS). The BLM is the
agency lead for this proposed withdrawal.
On December 30, 2016, a Notice of Amended Proposed Withdrawal,
Release of Draft Environmental Impact Statement, and Notice of Public
Meetings; Idaho, Montana, Nevada, Oregon, Utah, and Wyoming was
published in the Federal Register (81 FR 96478). The amended proposal
added 387,981.42 acres in the State of Nevada and proposed boundary
refinements in Idaho, Montana, Nevada, Oregon, Utah, and Wyoming that
were identified because of legal land description refinements. The
notice released for public comment a draft EIS, which analyzed and
disclosed the impacts of the proposed withdrawal. The notice included a
summary of scoping comments, the issues analyzed, and the alternatives
considered in the draft EIS. The draft EIS can be found on BLM's
National NEPA Register at <a href="https://eplanning.blm.gov/eplanning-ui/project/70697/510">https://eplanning.blm.gov/eplanning-ui/project/70697/510</a> (DOI-BLM-WO-WO3500-2016-0002-EIS). The BLM sought
comments on the draft EIS from December 30, 2016, through March 28,
2017. The BLM received approximately 4,200 comment submissions on the
draft EIS, of which approximately 192 submissions were unique.
A Notice of Cancellation of Withdrawal Application and Withdrawal
Proposal and Notice of Termination of Environmental Impact Statement
was published on October 11, 2017, in the Federal Register (82 FR
47248), which stated that the BLM had determined the lands were no
longer needed in connection with the proposed withdrawal, and
terminated the preparation of an EIS evaluating the application and
proposal. The BLM canceled the application prior to responding to
public comments and publishing a final EIS.
The cancellation was then vacated by the Court on February 11, 2021
(Western Watersheds Project v. Bernhardt, Case No. 1:16-cv-00083-BLW,
EFC 264). The Court ordered the BLM to consider ``whether the
withdrawal is needed for sage-grouse conservation,'' and that ``[s]ich
proceedings shall include re-initiation of the NEPA process.''
To comply with the Court's order and to review issues raised during
the initial scoping and comment period for the draft EIS published on
December 30, 2016, the BLM will issue a new draft EIS and publish an
NOA initiating a public comment period. The withdrawal proposal will
continue to be processed in accordance with the regulations set forth
in 43 CFR part 2300. The process will inform a final decision as to
whether to withdraw any of the lands proposed for withdrawal from
location and entry under the mining laws. This notice does not
segregate the lands because the segregation period for this withdrawal
proposal expired on September 24, 2017. All the lands (unless subject
to an existing withdrawal) remain open to location and entry under the
mining laws.
The lands included in the withdrawal application were published in
the previous notices. A description of the lands is posted on BLM's
National NEPA Register at <a href="https://eplanning.blm.gov/eplanning-ui/project/70697/510">https://eplanning.blm.gov/eplanning-ui/project/70697/510</a> (DOI-BLM-WO-WO3500-2016-0002-EIS). Non-Federal
mineral lands located within the boundaries of the proposed withdrawal
areas will not be affected.
Thirty-one agencies and two American Indian Tribes entered into
cooperating agency agreements with the BLM for the EIS process. The BLM
will re-initiate participation with cooperating agencies for this NEPA
process.
The BLM also contacted 53 American Indian governments via letter or
face-to-face meetings during scoping and prior to the release of the
draft EIS. The governments were provided a project update, an offer to
provide more information, and an offer for government-to-government
consultation. The BLM will re-initiate consultation with Indian tribes
on a government-to-government basis in accordance with Executive Order
13175 and other policies for this NEPA process.
In accordance with 36 CFR 800.3(a)(1), the BLM previously
determined that the proposed SFA withdrawal is an undertaking that has
no potential to affect historic properties, assuming such historic
properties were present, and therefore the agency official has no
further obligation under the National Historic Preservation Act. The
BLM informed 53 American Indian governments; the Idaho, Montana,
Nevada, Oregon, Utah, and Wyoming State Historic Preservation Offices;
and the Advisory Council on Historic Preservation of this determination
of effect. This previous determination by the BLM remains accurate and
will not be changed during re-initiated consideration of the withdrawal
proposal.
David Jenkins,
Assistant Director, Resources and Planning.
[FR Doc. 2021-17359 Filed 8-12-21; 8:45 am]
BILLING CODE 4310-84-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 13, 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.