Notice2024-14176
Notice of Intent To Amend a Resource Management Plan and Prepare an Associated Environmental Assessment; Notice of Realty Action: Proposed Sale of Public Land in Nye County, Nevada
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
June 28, 2024
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
In compliance with the National Environmental Policy Act of 1969, as amended (NEPA), and the Federal Land Policy and Management Act of 1976, as amended (FLPMA), the Bureau of Land Management (BLM) Nevada State Director intends to prepare a Resource Management Plan (RMP) Amendment with an associated Environmental Assessment (EA) for the non- competitive direct sale of 248.74 acres of public land in rural east- central Nye County, Nevada to Foreland Refining Corporation (Foreland) (N-100365/NVNV105851725). The sale would be for no less than the appraised fair market value. The sale would be subject to the applicable provisions of section 203 of FLPMA and the BLM land sale regulations. This notice announces the beginning of the scoping period to solicit public comments and identify issues, provides the planning criteria for public review, and announces a comment period on the proposed realty action offering the sale of public land.
Full Text
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<title>Federal Register, Volume 89 Issue 125 (Friday, June 28, 2024)</title>
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[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Notices]
[Pages 54033-54036]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14176]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_NV_FRN_MO#4500176314]
Notice of Intent To Amend a Resource Management Plan and Prepare
an Associated Environmental Assessment; Notice of Realty Action:
Proposed Sale of Public Land in Nye County, Nevada
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of intent; notice of realty action.
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SUMMARY: In compliance with the National Environmental Policy Act of
1969, as amended (NEPA), and the Federal Land Policy and Management Act
of 1976, as amended (FLPMA), the Bureau of Land Management (BLM) Nevada
State Director intends to prepare a Resource Management Plan (RMP)
Amendment with an associated Environmental Assessment (EA) for the non-
competitive direct sale of 248.74 acres of public land in rural east-
central Nye County, Nevada to Foreland Refining Corporation (Foreland)
(N-100365/NVNV105851725). The sale would be for no less than the
appraised fair market value. The sale would be subject to the
applicable provisions of section 203 of FLPMA and the BLM land sale
regulations. This notice announces the beginning of the scoping period
to solicit public comments and identify issues, provides the planning
criteria for public review, and announces a comment period on the
proposed realty action offering the sale of public land.
DATES: Interested parties may submit written comments concerning the
proposed land sale, scope of the analysis, potential alternatives, and
identification of relevant information and studies by August 12, 2024.
To afford the BLM the opportunity to consider issues raised by
commenters in the Draft RMP Amendment and EA, please ensure your
comments are received prior to the close of the 45-day scoping period
or 15 days after the last public meeting, whichever is later.
ADDRESSES: You may submit written comments concerning the realty action
and on issues and planning criteria related to the proposed RMP
Amendment and non-competitive direct sale of public land in Nye County,
Nevada, by any of the following methods:
<bullet> Website: <a href="https://eplanning.blm.gov/eplanning-ui/project/2024259/510">https://eplanning.blm.gov/eplanning-ui/project/2024259/510</a>.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#d1b4b6b8bda2b4a5b991b3bdbcffb6bea7"><span class="__cf_email__" data-cfemail="0762606e6b7462736f47656b6a29606871">[email protected]</span></a>.
[[Page 54034]]
<bullet> Fax: 775-482-7810.
<bullet> Mail: BLM, Tonopah Field Office, P.O. Box 911 (1553 South
Main Street), Tonopah, Nevada 89049.
Documents pertinent to this proposal may be examined online at
<a href="https://eplanning.blm.gov/eplanning-ui/project/2024259/510">https://eplanning.blm.gov/eplanning-ui/project/2024259/510</a> and at the
Tonopah Field Office.
FOR FURTHER INFORMATION CONTACT: Frederick Marcell, Lead Realty
Specialist, Nevada State Office; telephone 202 912-7339; email at
<a href="/cdn-cgi/l/email-protection#dabcb7bba8b9bfb6b69ab8b6b7f4bdb5ac"><span class="__cf_email__" data-cfemail="a2c4cfc3d0c1c7cecee2c0cecf8cc5cdd4">[email protected]</span></a>; or Perry Wickham, Field Manager, telephone 775-482-
7801; Tonopah Field Office, P.O. Box 911 (1553 South Main Street),
Tonopah, Nevada 89049; email <a href="/cdn-cgi/l/email-protection#ff8f88969c94979e92bf9d9392d1989089"><span class="__cf_email__" data-cfemail="fe8e89979d95969f93be9c9293d0999188">[email protected]</span></a>. Contact Mr. Wickham to
have your name added to our mailing list. 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 relay services. 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: This document provides notice that the BLM
Nevada State Director proposes to segregate the identified public land
and prepare an RMP Amendment with an associated EA for the non-
competitive direct sale of public land in Nye County, Nevada, and
announces the beginning of the scoping process to seek public input on
issues and planning criteria. The RMP Amendment would change the
existing 1997 Tonopah Field Office Record of Decision and Approved RMP.
The RMP Amendment is being considered to evaluate whether the subject
parcel of public land meets the disposal criteria described in section
203 of FLPMA.
Foreland holds a right-of-way grant (N-41035/NVNV105896178) on the
northwestern 40-acre portion of the proposed sale parcel, which
contains the Eagle Springs Refinery. The purpose of the sale would be
to protect existing Eagle Springs Refinery improvements consisting of
fencing, underground phone lines, roads, multiple buildings, an on-site
water well, propane tank, and septic system, and the refinery's oil
delivery/distribution systems for refining operations, and to allow for
future expansion of the refinery. The sale would be subject to the
applicable provisions of Section 203 of FLPMA and the BLM land sale
regulations. The subject parcel was not previously identified for
disposal in the RMP; therefore, the BLM must amend the RMP for the
proposed sale to proceed.
The BLM will examine the following described public land for
disposal suitability:
Mount Diablo Meridian, Nevada,
T. 9 N., R. 56 E.,
Sec. 24, S\1/2\NE\1/4\SE\1/4\ and SE\1/4\SE\1/4\;
Sec. 25, E\1/2\NE\1/4\.
T. 9 N., R. 57 E.,
Sec. 19, lot 4;
Sec. 30, lots 1 and 2.[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][NOTICES][NOTICE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/
SUBJECT][/PREAMB][SUPLINF][HED]*[/HED][EXTRACT][P]*[/P]?>
The area described contains 248.74 acres, according to the
official plats of the surveys on file with the BLM.
Upon publication of this Notice in the Federal Register, the public
land described above will be segregated from all forms of appropriation
under the public land laws, including the mining laws, except for the
sale provisions of FLPMA. The segregation will terminate upon (1)
issuance of a conveyance document; (2) publication in the Federal
Register terminating the segregation; or (3) two years from publication
of this notice, unless extended by the BLM Nevada State Director in
accordance with 43 CFR 2711.1-2(d).
In addition, upon publication of this notice and until completion
of this sale, the BLM will no longer accept land-use applications
affecting the identified public land, except applications to amend
previously filed right-of-way applications or existing authorizations
to modify grant terms in accordance with 43 CFR 2807.15 and 43 CFR
2886.15.
The BLM will analyze the parcel and develop an EA to evaluate the
environmental effects of the proposed RMP Amendment and the sale
criteria under FLPMA Section 203(a)(3) and 43 CFR 2710.0-3(a)(3) to
ensure the disposal of the tract will serve important public
objectives, including for the conveyance out of Federal ownership of a
parcel of public land that, because of its location or other
characteristics, is difficult and uneconomic to manage as part of the
public lands and is not suitable for management by another Federal
department or agency. After the BLM has analyzed public scoping
comments and prepared the analysis, the EA will be available for a 30-
day comment period. The parcel being considered for direct sale is not
required for any other Federal purpose. Regulations contained in 43 CFR
2710.0-6(c)(3)(iii) and 2711.3-3(a)(3) make allowances for direct sales
where necessary to protect existing equities in the public land and
where there is a need to recognize an authorized use such as an
existing business that could suffer a substantial economic loss if the
tract were purchased by other than the authorized user. The BLM will
consider selling this parcel if it is determined that the public
interest would best be served by selling the BLM-administered land for
the fair market value and ensure the Federal Government receives fair
compensation for the sale of the parcel.
The subject parcel is located on both sides of United States
Highway 6, which allows access to the area from either Tonopah or Ely,
Nevada. The BLM has determined the parcel is not an access point for
recreation in accordance with Secretary's Order 3373, Evaluating Public
Access in Bureau of Land Management Public Disposal and Exchanges.
Disposal of this parcel will have no anticipated impacts on
recreational access to adjacent parcels of publicly accessible lands.
The conveyance document, if issued, will contain the following
reservations, terms, and conditions:
(1) The reservation of a right-of way thereon for ditches or canals
constructed by the authority of the United States, Act of August 30,
1890 (43 U.S.C. 945).
(2) The reservation of all the mineral deposits in the land so
patented pursuant to the Act of October 21, 1976 (43 U.S.C. 1719),
including, without limitation, substances subject to disposition under
the general mining laws, the general mineral leasing laws, the
Materials Act, and the Geothermal Steam Act, and to it, its permittees,
licensees, lessees, and mining claimants, the right to prospect for,
mine, and remove the minerals owned by the United States under
applicable law and such regulations as the Secretary of the Interior
may prescribe. This reservation includes necessary access and exit
rights and the right to conduct all necessary and incidental activities
including, without limitation, all drilling, underground, open pit or
surface mining operations, storage, and transportation facilities
deemed reasonably necessary.
Unless otherwise provided by separate agreement with the surface
owner, mining claimants, permittees, licensees, and lessees of the
United States shall reclaim disturbed areas to the extent prescribed by
regulations issued by the Secretary of the Interior.
All causes of action brought to enforce the rights of the surface
owner under the regulations above referred to shall be instituted
against mining claimants, permittees, licensees, and lessees of the
United States, and the United States shall not be liable for the acts
or
[[Page 54035]]
omissions of its mining claimants, permittees, licensees, and lessees.
(3) The conveyance document would be subject to all valid existing
rights.
(4) The parcel is subject to reservations for roads and public
utilities.
(5) An appropriate indemnification clause protecting the United
States from claims arising out of the patentee's use, occupancy, or
occupation on the patented lands.
(6) Additional terms and conditions that the authorized officer
deems appropriate.
The BLM will publish this notice once a week for three consecutive
weeks in the Tonopah Times-Bonanza & Goldfield News. Comments will be
accepted as discussed in the ADDRESSES section above.
Any adverse comments regarding the sale will be reviewed by the BLM
Nevada State Director or other authorized official of the Department of
the Interior, who may sustain, vacate, or modify this realty action in
response to such comments. In the absence of adverse comments, this
realty action will become the final determination of the Department of
the Interior.
The planning area is in Nye County, Nevada and encompasses
approximately 248.74 acres of public land. The scope of this land use
planning process does not include addressing the evaluation or
designation of areas of critical environmental concern (ACECs), and the
BLM is not considering ACEC nominations as part of this process.
Purpose and Need
The purpose of the Federal action is to consider an RMP Amendment
to make available by direct sale BLM-administered public lands that are
not currently identified for disposal in the Tonopah RMP, as well as to
respond to Foreland's request for a FLPMA direct land sale. The need
for the action is established by BLM's responsibility under section 203
of FLPMA and 43 CFR 2711.1-1(c) to respond to a request for a land
sale, and to ensure compliance with the Tonopah RMP Management
Decisions.
Preliminary Alternatives
There are currently no alternatives other than the no action
alternative. The BLM welcomes comments on all preliminary alternatives
as well as suggestions for additional alternatives.
Planning Criteria
The planning criteria guides the planning effort and lays the
groundwork for effects analysis by identifying the preliminary issues
and their analytical frameworks. Preliminary issues for the planning
area have been identified by BLM personnel and from early engagement
conducted for this planning effort with Federal, Tribal, State, and
local agencies, and other stakeholders. The planning criteria are
available for public review and comment at the BLM National NEPA
Register (see ADDRESSES).
Public Scoping Process
This notice of intent initiates the scoping period and public
review of the planning criteria, which guide the development and
analysis of the RMP Amendment and EA.
The BLM does not intend to hold any public meetings, in-person or
virtual, during the public scoping period. Should the BLM later
determine to hold public meetings, the specific date(s) and location(s)
of any meeting will be announced at least 15 days in advance through
the local media, newspapers, and the project's web page on the BLM
National NEPA Register.
Sale Notifications
The notification of the proposed RMP Amendment and EA and, if
applicable, signed finding of no significant impact (FONSI) would begin
a 30-day protest period subject to BLM Manual Section 2711.1 step 4(d)
on the land-sale decision. The BLM Nevada State Director will review
all protests and may sustain, vacate, or modify the RMP Amendment and
land sale, in whole or in part. In the absence of any protests, the BLM
may select the approved RMP Amendment alternative and prepare a
decision record which would document the final determination of the
Department of the Interior for the land sale.
Any other subsequent notices related to the RMP Amendment and land
sale may also be published in the local newspaper.
Interdisciplinary Team
The BLM will use an interdisciplinary approach to develop the plan
to consider the variety of resource issues and concerns identified.
Specialists with expertise in the following disciplines will be
involved in this planning effort: outdoor recreation, archaeology,
lands and realty, sociology, cultural resources, paleontological
resources, Native American coordination and consultation, environmental
justice, social and economic values, recreational resources, visual
resources, wilderness, geology, minerals, wastes--hazardous or solid,
wildlife, threatened and endangered species, special status species,
migratory birds, noise, wild horses and burros, water quality/quantity,
wetlands and/or riparian zones, wild and scenic rivers, floodplains,
grazing management, noxious weeds and invasive non-native species,
human health and safety, soils, vegetation, forestry, air quality, and
land use authorization.
Additional Information
The BLM will identify, analyze, and consider mitigation to address
the reasonably foreseeable impacts to resources from the proposed plan
amendment and all analyzed reasonable alternatives and, in accordance
with 40 CFR 1502.14(e), include appropriate mitigation measures not
already included in the proposed plan amendment or alternatives.
Mitigation may include avoidance, minimization, rectification,
reduction or elimination over time, and compensation; and it may be
considered at multiple scales, including the landscape scale.
The BLM will utilize and coordinate the NEPA and land use planning
processes for this planning effort to help support compliance with
applicable procedural requirements under the Endangered Species Act (16
U.S.C. 1536) and Section 106 of the National Historic Preservation Act
(54 U.S.C. 306108) as provided in 36 CFR 800.2(d)(3), including public
involvement requirements of Section 106. The information about historic
and cultural resources and threatened and endangered species within the
area potentially affected by the proposed plan will assist the BLM in
identifying and evaluating impacts to such resources.
The BLM will consult with local Tribes on a government-to-
government basis in accordance with Executive Order 13175, BLM Manual
1780, and other Departmental policies. Tribal concerns, including
impacts on Indian trust assets and potential impacts to cultural
resources, will be given due consideration. Federal, State, and local
agencies, along with Indian Tribal Nations and stakeholders that may be
interested in or affected by the proposed sale of public land in Nye
County, Nevada and the proposed RMP Amendment, and accompanying Record
of Decision that the BLM is evaluating, are invited to participate in
the scoping process and, if eligible, may request or be requested by
the BLM to participate in the development of the environmental analysis
as a cooperating agency.
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that
[[Page 54036]]
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: 40 CFR 1501.9, 43 CFR 1610.2, and 43 CFR 2710)
Jon K. Raby,
State Director.
[FR Doc. 2024-14176 Filed 6-27-24; 8:45 am]
BILLING CODE 4331-21-P
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</html>Indexed from Federal Register on June 28, 2024.
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