Notice2023-06994

Notice of Realty Action: Recreation and Public Purposes Act Classification and Segregation for Philipsburg Park and Trails, Granite County, MT

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
April 4, 2023

Issuing agencies

Interior DepartmentLand Management Bureau

Abstract

The Bureau of Land Management (BLM) has examined 15.59 acres of public lands in Granite County, Montana, and has found them suitable for classification for conveyance to the town of Philipsburg under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended. The town of Philipsburg applied for conveyance under the R&PP Act and proposes to use the lands for a park and walking trails that will increase public recreation opportunities in the area.

Full Text

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<title>Federal Register, Volume 88 Issue 64 (Tuesday, April 4, 2023)</title>
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[Federal Register Volume 88, Number 64 (Tuesday, April 4, 2023)]
[Notices]
[Pages 19976-19977]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06994]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[BLM_MT_FRN_MO#4500161776]


Notice of Realty Action: Recreation and Public Purposes Act 
Classification and Segregation for Philipsburg Park and Trails, Granite 
County, MT

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) has examined 15.59 acres 
of public lands in Granite County, Montana, and has found them suitable 
for classification for conveyance to the town of Philipsburg under the 
provisions of the Recreation and Public Purposes (R&PP) Act, as 
amended. The town of Philipsburg applied for conveyance under the R&PP 
Act and proposes to use the lands for a park and walking trails that 
will increase public recreation opportunities in the area.

DATES:  Submit written comments regarding this classification and R&PP 
application on or before May 19, 2023.

ADDRESSES: Written comments may be mailed, or hand delivered to the 
BLM, Missoula Field Office, 3255 Fort Missoula Road, Missoula, MT 
59808. Comments may also be submitted electronically at 
<a href="/cdn-cgi/l/email-protection#0b49474654465f5446627878647e676a544d444b696766256c647d"><span class="__cf_email__" data-cfemail="1f5d535240524b4052766c6c706a737e4059505f7d737231787069">[email&#160;protected]</span></a>. The BLM will not consider comments received 
by telephone.

FOR FURTHER INFORMATION CONTACT: Lonna Sandau, Realty Specialist, 
telephone: (406) 329-3914, email: <a href="/cdn-cgi/l/email-protection#305c43515e54514570525c5d1e575f46"><span class="__cf_email__" data-cfemail="117d62707f75706451737d7c3f767e67">[email&#160;protected]</span></a>.
    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 for contacting 
Lonna Sandau. 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: The lands have been examined as described in 
an environmental assessment (DOI-BLM-MT-B010-2020-0007-EA) and 
identified as suitable for conveyance under the R&PP Act. Conveyance 
would be in conformance with the 2020 Missoula Field Office Resource 
Management Plan. The lands are legally described as:

Principal Meridian, Montana

T. 7 N., R. 13 W.,
    sec. 30, lots 10 and 15.
T. 7 N., R. 14 W.,
    sec. 24, lots 5 and 13;
    sec. 25, lots 15, 16, 20, and 24.

    The areas described aggregate 15.59 acres.
    The town of Philipsburg lies in a scenic valley surrounded by 
mountains and great views but with limited opportunities for hiking or 
walking trails close to town. The proposal for a park and walking 
trails would be adjacent to the town, providing access and recreational 
opportunity. While much of the land would remain open, the town 
proposes to construct walking trails, including improvement of an 
existing trail to reduce grades and improve drainage and tread width, 
install signs, and construct a parking lot, with picnic tables and 
other amenities as funds become available. The walking trails proposed 
for the public lands requested for conveyance under the R&PP Act would 
connect with trails that cross Philipsburg streets, public roads, and 
Philipsburg property to make an integrated recreational network.
    When public lands are conveyed under the R&PP Act, the United 
States retains a reversionary interest, and any future development 
would not be allowed without written pre-approval by the BLM. The BLM 
monitors reversionary interests in perpetuity to ensure R&PP patent 
holders use their conveyed lands for the purposes for which they 
received them. The lands are not needed for any Federal purposes, and 
this conveyance would be in the local and regional interest.
    All interested parties will receive a copy of this notice once it 
is published in the Federal Register. A copy of the notice will also be 
published in the newspaper of local circulation once a week for 3 
consecutive weeks.
    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 location under the mining laws, except for 
lease or conveyance under the R&PP Act and leasing under the mineral 
leasing laws. The segregation will terminate upon issuance of a patent, 
upon final rejection of the application, or 18 months from the date of 
this notice, whichever occurs first.
    The conveyance of the lands, if it occurs, will be subject to the 
following terms, conditions, and reservations:
    1. A right-of-way thereon for ditches and canals constructed by the 
authority of the United States pursuant to the Act of August 30, 1890 
(43 U.S.C. 945).
    2. Provisions of the R&PP Act and all applicable regulations of the 
Secretary of the Interior.
    3. All mineral deposits in the lands so patented and the right to 
prospect for, mine, and remove such deposits from the same under 
applicable law and regulations as established by the Secretary of the 
Interior are reserved to the United States, together with all necessary 
access and exit rights.
    4. Conveyance of the parcels is subject to valid existing rights.
    5. An appropriate indemnification clause protecting the United 
States from claims arising out of the patentee's use, occupancy, or 
operations on the patented lands.
    6. Any other reservations that the authorized officer determines 
appropriate to ensure public access and proper management of Federal 
lands and interests therein.
    7. A reversionary provision stating that title shall revert to the 
United States upon a finding, after notice and opportunity for a 
hearing, that, without the approval of the Secretary of the Interior or 
her delegate, the patentee or its approved successor attempted to 
convey title to or control over the lands to another, the lands have 
been devoted to a use other than that for which the lands were 
conveyed, the lands have not been used for the purpose for which the 
lands were conveyed for a 5-year period, or the patentee has failed to 
follow the approved development plan or management plan. No portion of 
the lands shall, under any circumstance, revert to the United States if 
any such portion has been used for solid waste disposal or for any 
other purpose which may result in the disposal, placement, or release 
of any hazardous substance.
    Classification Comments: Interested persons may submit comments 
involving the suitability of the lands for development of a park and 
walking trails. Comments on the classification are restricted to 
whether the lands are physically suited for the proposal, whether the 
use will maximize the future use or uses of the lands, whether the use 
is consistent with local planning

[[Page 19977]]

and zoning, or if the use is consistent with State and Federal 
programs.
    Application Comments: Interested persons may submit comments 
regarding the specific use proposed in the application and plan of 
development and management, whether the BLM followed proper 
administrative procedures in reaching the decision, or any other factor 
not directly relating to the suitability of the lands for use as a park 
or walking trails.
    Any adverse comments will be reviewed by the BLM Montana/Dakotas 
State Director or other authorized official of the Department of the 
Interior, who may sustain, vacate, or modify this realty action. In the 
absence of any adverse comments, the classification will become 
effective on June 5, 2023. The lands will not be offered for conveyance 
until after the classification becomes effective.
    Before including your address, phone number, email address, or 
other personal identifying information in any comment, 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.

(Authority: 43 CFR 2741.5).

Erin Carey,
Field Manager, Missoula Field Office.
[FR Doc. 2023-06994 Filed 4-3-23; 8:45 am]
BILLING CODE 4331-20-P


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Indexed from Federal Register on April 4, 2023.

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.