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Code · REGISTER · 2007-07-13 · Bureau of Land Management, Interior · Notices

Notices. Notice of realty action

6,650 words·~30 min read·/register/2007/07/13/07-3288

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BILLING CODE 4210-67-M DEPARTMENT OF THE INTERIOR Bureau of Land Management [DSG070003 ID330-07-1430-FR 241A, IDI-34925-01] Notice of Realty Action: Recreation and Public Purposes Act Classification; Idaho AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. SUMMARY: The Bureau of Land Management
(BLM)has determined that certain public lands located in Custer County, Idaho are suitable for classification for conveyance to the Custer County Commission, under authority of the Recreational and Public Purposes Act, June 14,1926 as amended by the Recreation and Public Purpose Act of 1988 (43 U.S.C. 869 *et seq.* ), DATES: Comments regarding the proposed conveyance should be received by August 27, 2007. ADDRESSES: Detailed information concerning this action, including but not limited to documentation related to compliance with applicable environmental and cultural resource laws, is available for review at the BLM Challis Field Office. Address all written comments concerning this Notice to David Rosenkrance, BLM Challis Field Office Manager, 801 Blue Mountain Road, Challis, Idaho 83226-9304. Before including your address, phone number, e-mail 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. FOR FURTHER INFORMATION CONTACT: Tim Vanek, Realty Specialist, BLM Challis Field Office,
(208)879-6218. SUPPLEMENTARY INFORMATION: The following described public land in Custer County, Idaho, has been examined and found suitable for conveyance to the Custer County Commission under the provisions of the Recreation and Public Purposes Act, as amended: Boise Meridian, Idaho T. 13 N., R 19 E. Sec. 4, lots 9, 14, 15, 18, 19, W 1/2 NE 1/4 SW 1/4 , E 1/2 NW 1/4 SW 1/4 , SE 1/4 SW 1/4 , and; sec. 5, lot 9. The land described above contains approximately 126.87 acres in Custer County. The land is adjacent to an existing waste transfer site which was formerly public land patented to the Village of Challis, ID in 1959 and was deeded to Custer County in 1997. The 40-acre patented parcel contains: Household refuse collection bins, a recycling area, yard debris collection, used appliance/scrap metal collection and used tire collection. A 40-acre, public land parcel immediately south and southeast of the patented parcel contains a construction debris pit and dead animal burial pit. The use of this parcel was first authorized to Custer County by the BLM for the purpose of non-municipal waste disposal under R&PP Lease on January 15, 1983. That authorization expired January 13, 2003. The BLM Challis Field Office re-authorized the use on June 3, 2005 with R&PP Lease in serial number: IDI-34925. This authorization also expired, on February 14, 2006. The remaining 76.87 acres are lots adjacent to the expired lease parcel and the patented parcel. These lots are not currently used for waste transfer, but they have been disturbed with trails, fences, and equipment storage. The Custer County Commission proposes to use the land to continue operation of the Challis waste transfer site and expand the site when necessary. The land is not needed for Federal purposes. Conveyance of the public lands is consistent with the Challis Resource Management Plan and would be in the public interest. The patent, when issued, will be subject to the following terms, conditions, and reservations: 1. Provisions of the Recreation and Public Purposes Act and all applicable regulations of the Secretary of the Interior. In particular, statutory provisions governing the disposal of existing leased disposal sites are to be found at 43 U.S.C 869-2(c)(2), regulatory provisions at 43 CFR 2743.3 and 2743.3-1. Statutory provisions governing the disposal of new disposal sites are to be found at 43 U.S.C. 869-2(b), regulatory provisions at 43 CFR 2743.2 and 2343.2-1. 2. A right of way for ditches and canals constructed by the authority of the United States, Act of August 30, 1890 (43 U.S.C. 945). 3. All valid existing rights. 4. The United States will reserve all minerals together with the right to prospect for, mine, and remove the minerals under applicable laws and such regulations as the Secretary of the Interior may prescribe, including all necessary access and exit rights. 5. These parcels are subject to the requirements of section 120(h) of the Comprehensive Environmental Response, Compensation and Liabilities Act, 42 U.S.C. 9620(h) (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1988, Sat. 1670. 6. The patentee, its successors or assigns, by accepting a patent, agrees to indemnify, defend, and hold harmless the United States, its officers, agents, representatives, and employees (hereinafter “United States”) from any costs, damages, claims, causes of action in connection with the patentee's use, occupancy, or operations on the patented real property. This agreement includes, but is not limited to, acts or omissions of the patentee and its employees, agents, contractors, lessees, or any third party arising out of, or in connection with, the patentee's use, occupancy, or operations on the patented real property which cause or give rise to, in whole or in part:
(1)Violations of Federal, State, and local laws and regulations that are now, or may in the future become, applicable to the real property and/or applicable to the use, occupancy, and/or operations thereon;
(2)judgments, claims, or demands of any kind assessed against the United States;
(3)costs, expenses, or damages of any kind incurred by the United States;
(4)releases or threatened releases of solid or hazardous waste(s) and/or hazardous substances(s), pollutant(s), or contaminants(s), and/or petroleum product(s) or derivative(s) of a petroleum product, as defined by Federal or State environmental laws; of, on, into, or under land, property, and other interests of the United States;
(5)other activities by which solid or hazardous substance(s) or waste(s), pollutant(s) or contaminant(s), or petroleum product(s) or derivative(s) of a petroleum product as defined by Federal or State environmental laws are generated, stored, used, or otherwise disposed of on the patented real property, and any cleanup response, remedial action, or other actions related in any manner to the said solid or hazardous substance(s) or waste(s) or contaminant(s), or petroleum product(s) or derivative(s) of a petroleum product as defined by Federal or State laws. Patentee shall stipulate that it will be solely responsible for compliance with all applicable Federal, State, and local environmental laws and regulatory provisions, throughout the life of the facility, including any closure and/or post-closure requirements that may be imposed with respect to any physical plant and or facility upon the real property under any Federal, State, or local environmental laws or regulatory provisions. In the case of a patent being issued, this covenant shall be construed as running with the patented real property and may be enforced by the United States in a court of competent jurisdiction. Additional detailed information concerning this Notice of Realty Action, including environmental records, is available for review at the BLM Challis Field Office, 801 Blue Mountain Road, Challis, Idaho 83226. Office hours are 7:45 a.m. to 4:30 p.m., Monday through Friday except holidays. Upon publication of this notice in the **Federal Register** , the land described above will be segregated from appropriation under the public land laws, including the mining laws except for conveyance under the Recreation and Public Purposes Act. You may submit comments regarding the proposed classification or conveyance of the land to the BLM Field Office Manager at the address stated above. You may submit comments involving the suitability of the lands for a waste transfer site. Comments on the classification are restricted to the following four subjects:
(1)Whether the land is physically suited for the proposal;
(2)Whether the use will maximize the future use or uses of the land;
(3)Whether the use is consistent with local planning and zoning; and
(4)If the use is consistent with State and Federal programs. You may submit comments regarding the specific use proposed in the County's application; and whether the BLM followed proper administrative procedures in reaching the decision. Comments received during this process, including respondent's name, address, and other contact information will be available for public review. The State Director will review any adverse comments. In the event the public does not submit adverse comments, the classification will become effective no sooner than September 11, 2007. The lands will not be offered for conveyance until after the classification becomes effective. FOR FURTHER INFORMATION CONTACT: Tim Vanek, Realty Specialist, BLM Challis Field Office,
(208)879-6218. Authority: 43 CFR Subpart 2741. David Rosenkrance, Challis Field Manager. [FR Doc. E7-13682 Filed 7-12-07; 8:45 am] BILLING CODE 4310-GG-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-020-5870-EU; N-66141] Notice of Realty Action: Direct (Non-Competitive) Sale of Public Land and Opening Order; Humboldt County, NV AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. SUMMARY: One parcel of public land (Parcel N-66141) located southwest of Winnemucca, Nevada, and totaling 177.31 acres, has been examined and found suitable for disposal utilizing direct sale procedures. The authority for the sale is found under Sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (FLPMA) (Pub. L. 94-579), 43 U.S.C. 1713, 1719. DATES: Comments regarding the proposed sale must be received by the Bureau of Land Management
(BLM)on or before August 27, 2007. ADDRESSES: Comments regarding the proposed sale should be addressed to Field Manager, BLM, Winnemucca Field Office, 5100 East Winnemucca Blvd., Winnemucca, Nevada 89445. FOR FURTHER INFORMATION CONTACT: Information regarding the proposed sale can be obtained at the public reception desk at the BLM, Winnemucca Field Office, from 7:30 a.m. to 4:30 p.m., Monday through Friday (except Federal holidays), or by contacting Barbara Kehrberg, Realty Specialist, at the above address, or at
(775)623-1500, or by e-mail *bkehrberg@nv.blm.gov.* For general information on the BLM's public land sale procedures, refer to the following Web address: *http://www.blm.gov/nhp/what/lands/realtysales.htm.* SUPPLEMENTARY INFORMATION: Parcel N-66141 is located approximately 6 miles west of the city of Winnemucca, Nevada, west of Airport Road, south of and adjacent to the Union Pacific Railroad tracks, and is described as follows: Mount Diablo Meridian T. 35 N., R. 37 E. Sec. 16, lots 3, 8, 10, 11, 15, 16, and 17. The area described contains 177.31 acres, more or less, in Humboldt County. This parcel of public land is proposed for sale to the City of Winnemucca, Nevada, at no less than the appraised fair market value
(FMV)of $210,000.00, as determined by the authorized officer. An appraisal report has been prepared by a State-certified appraiser for the purposes of establishing the FMV. Consistent with Section 203 of FLPMA, a tract of the public land may be sold where, as a result of approved land use planning, the sale of the tract meets the disposal criteria of that section. The lands described above are identified as suitable for disposal in the BLM Sonoma-Gerlach Management Framework Plan
(MFP)signed July 9, 1982, and in the BLM Paradise-Denio and Sonoma-Gerlach Management Framework Plan Lands Amendment (Amendment), signed January 1999. The proposed disposal action is consistent with the objectives, goals, and decisions of the MFP and Amendment. MFP objective and decision L2.2 provides that the Winnemucca Field Office should dispose of this property to local governmental entities as identified by a local government, consistent with community plans. This sale also meets the criteria found in 43 CFR 2710.0-3(a)(2), which states: “Disposal of such tract shall serve important public objectives, including but not limited to, expansion of communities and economic development, which cannot be achieved prudently or feasibly on lands other than public lands and which outweigh other public objectives and values, including, but not limited to, recreation and scenic values, which would be served by maintaining such tract in Federal ownership.” The City of Winnemucca needs these lands to provide rail transportation to the City-developed industrial park and for proposed airport expansion. The disposal
(sale)of Parcel N-66141 also meets the criteria found under 43 CFR 2710.0-3(a)(3), which authorizes disposal where “such tract, because of its location or other characteristics is difficult and uneconomic to manage as part of the public lands”. The lands are isolated, surrounded by private lands, or intermingled with private lands as to make them difficult to manage for any Federal purpose. Parcel N-66141 is bordered on the north by the Union Pacific Railroad, on the east and south by city-owned property, and on the west by private property. There is no existing legal access to the subject lands. Regulation 43 CFR 2711.3-3(a), provides that “direct sales (without competition) may be utilized, when in the opinion of the authorized officer, a competitive sale is not appropriate and the public interest would best be served by a direct sale. Examples include, but are not limited to:
(1)A tract identified for transfer to State or local government.” As noted above, these lands were identified in the MFP as to be disposed of to only a local governmental entity. The BLM prepared a preliminary Environmental Assessment
(EA)and provided a 30-day comment period. All comments received have been considered and incorporated into the EA and Decision Record. The EA Number NV-020-06-EA-08, Decision Record, Environmental Site Assessment, map, and approved appraisal report covering the proposed sale are available for review at the BLM, Winnemucca Field Office, in Winnemucca, Nevada, at the address listed above. Termination of Exchange Segregation Lands described in this Notice were previously segregated under Exchange file N-80983, but a decision has been made not to proceed with this exchange. This Notice officially terminates that Exchange Segregation of the described lands. Pursuant to 43 CFR 2201.1-2(c) (2), this Notice will also serve as an opening order to restore the above described lands to operation of the sale provisions of sections 203 and 209 of the FLPMA, 43 U.S.C. 1713, 1719, and not the general mining laws, as of 7:30 a.m. on July 13, 2007. Sales Segregation Publication of this Notice in the **Federal Register** segregates the subject land from all forms of appropriations under the public land laws, including the general mining laws, except sale under the Sections 203 and 209 of FLPMA. The segregation will terminate upon issuance of the patent, upon publication in the **Federal Register** of a termination of the segregation, on July 13, 2009, whichever occurs first. Terms and Conditions of Sale The patent issued would contain the following numbered reservations, covenants, terms and conditions: 1. 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. Oil, gas, and geothermal resources are reserved from the land sold; permittees, licensees, and lessees retain the right to prospect for, mine, and remove the minerals owned by the United States under applicable law and any regulations that the Secretary of the Interior may prescribe, including all necessary access and exit rights. 3. All valid existing rights. 4. A right-of-way authorized under the Act of March 4, 1911, 36 Stat. 1253, (43 U.S.C. 961), for an aerial transmission line granted to Sierra Pacific Power Company, its successor or assignees, by right-of-way NEV-042767, for Parcel N-66141. 5. A right-of-way authorized under Title V of FLPMA, (43 U.S.C. 1761), for an aerial transmission line granted to Sierra Pacific Power Company, its successor or assignees, by right-of-way NVN-041642, for Parcel N-66141. 6. The patentee, by accepting patent, agrees to indemnify, defend, and hold the United States harmless from any costs, damages, claims, causes of action, penalties, fines, liabilities, and judgments of any kind arising from the past, present, or future acts or omissions of the patentee, its employees, agents, contractors, lessees, or any third-party arising out of or in connection with the patentee's use, occupancy, or operations on the patented real property resulting in:
(1)Violations of Federal, State, and local laws and regulations that are now, or in the future become, applicable to the real property;
(2)Judgments, claims, or demands of any kind assessed against the United States;
(3)Costs, expenses, or damages of any kind incurred by the United States;
(4)Releases or threatened releases of solid or hazardous waste(s) and/or hazardous substance(s), pollutant(s) or containment(s), and/or petroleum product or derivative of a petroleum product, as defined by Federal and State environmental laws, off, on, into, or under land, property, and other interests of the United States;
(5)Other activities by which solid or hazardous substance(s), pollutant(s) or contaminant(s), and/or petroleum product or derivative of a petroleum product, or waste(s), as defined by Federal and State environmental laws, are generated, released, stored, used, or otherwise disposed of on the patented real property, and any cleanup response, remedial action, or other actions related in any manner to said solid or hazardous substance(s) or waste(s), pollutant(s) or contaminant(s), and/or petroleum product or derivative of a petroleum product; or
(6)natural resource damages as defined by Federal and State law. This covenant shall be construed as running with the patented real property and may be enforced by the United States in a court of competent jurisdiction. 7. Pursuant to the requirements established by section 120(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), (43 U.S.C. 9620(h)), as amended by the Superfund Amendments and Reauthorization Act of 1988, (100 Stat. 1670), notice is hereby given that the above-described lands have been examined and no evidence was found to indicate that any hazardous substances have been stored for one year or more, nor have any hazardous substances been disposed of or released on the subject property. No warranty of any kind, expressed or implied, is given by the United States as to the title, physical condition, or potential uses of the parcel of land proposed for sale, and the conveyance of any such parcel will not be on a contingency basis. It is the buyer's responsibility to be aware of all applicable Federal, State, and local government policies and regulations that would affect the subject lands. It is also the buyer's responsibility to be aware of existing or prospective uses of nearby properties. Any land lacking access from a public road or highway will be conveyed as such, and future access acquisition will be the responsibility of the buyer. In the event of a sale, the unreserved mineral interests will be conveyed simultaneously with the sale of the land. These unreserved mineral interests have been determined to have no known mineral value pursuant to 43 CFR 2720.0-6 and 2720.2(a). Acceptance of the sale offer will constitute an application for conveyance of those unreserved mineral interests. The purchaser will be required to pay a $50.00 non-refundable filing fee for conveyance of mineral interests, and for payment of publication costs. The purchaser must remit the remainder of the purchase price within 180 days from the date the sale offer is received. Payments must be by certified check, postal money order, bank draft, or cashiers check payable to the U.S. Department of the Interior—BLM. Failure to meet conditions established for this sale will void the sale and any monies received will be forfeited. Public Comments The subject parcel of land will not be offered for sale prior to the 60-day publication of this Notice of Realty Action. For a period until August 27, 2007, interested persons may submit written comments to the BLM Winnemucca Field Office at the address listed above. Facsimiles, telephone calls, and e-mails are unacceptable means of notification. Before including your address, phone number, e-mail 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 Nevada State Director, who may sustain, vacate, or modify this realty action and issue a final determination. (Authority: 43 CFR 2711.1-2(a)) Rodger T. Bryan, Acting Field Manager, Winnemucca. [FR Doc. E7-13679 Filed 7-12-07; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR Bureau of Land Management, Interior [ID-410-1232-FU-ID27] Notice of Intent to Collect Fees on Public Land in Kootenai County, ID Under the Federal Lands Recreation Enhancement Act AGENCY: Bureau of Land Management, Interior. ACTION: Notice of intent. SUMMARY: Pursuant to applicable provisions of the Federal Lands Recreation Enhancement Act (REA), 16 U.S.C. 6801, *et seq.* , the Bureau of Land Management (BLM)'s Coeur d'Alene Field Office is proposing to begin collecting fees in 2008 at the Mineral Ridge Public Boat Launch site on Lake Coeur d'Alene, Kootenai County, Idaho. The site is located within section 1 of Township 49 North, Range 3 West. DATES: The public comment period will expire on August 13, 2007. The public is encouraged to participate in the public comment period. Effective six months after the publication of this notice, the BLM Coeur d'Alene Field Office will initiate fee collection at the Mineral Ridge Public Boat Launch site. The Coeur d'Alene District Resource Advisory Council
(RAC)was presented this proposal on December 6, 2006 and supports initiation of fees at this site. Fees will be established by separate supplemental rules pursuant to 43 CFR 8365.1-6. Future adjustments in the fee amount will be modified in accordance with the Coeur d'Alene Field Office Recreation Fee Business Plan, consultation with the Coeur d'Alene District RAC and other public notice prior to a fee increase. ADDRESSES: Mail: Field Manager, Coeur d'Alene Field Office, 3815 Schreiber Way, Coeur d'Alene, Idaho 83815. FOR FURTHER INFORMATION CONTACT: Eric Thomson, Field Manager, or Brian White, Outdoor Recreation Planner, Coeur d'Alene Field Office, 3815 Schreiber Way, Coeur d'Alene, Idaho 83815.
(208)769-5030 or
(208)769-5031. SUPPLEMENTARY INFORMATION: The Coeur d'Alene Field Office is proposing a fee structure of $4.00 per vehicle for parking and/or boat launching at the Mineral Ridge Boat Launch site which is commensurate with other public facilities on Lake Coeur d'Alene. An annual pass would be available for $30.00 that would additionally be accepted at the BLM's Blackwell Island Public Boat Launch which is also located on Lake Coeur d'Alene. Development of this site is consistent with the Emerald Empire Management Framework Plan
(1981)and was analyzed in the Coeur d'Alene Lake Recreation Area Management Plan Environmental Assessment of May, 1993. The BLM is committed to providing, and receiving fair value for the use of, developed recreation facilities and services in a manner that meets public use demands, provides quality experiences and protects important resources. The BLM's policy is to collect fees at all specialized recreation sites, or where the BLM provides facilities, equipment or services, at federal expense, in connection with outdoor use. In an effort to meet increasing demands for services and maintenance of developed facilities, the BLM would implement a fee program for the Mineral Ridge Public Boat Launch. The BLM's mission for the site is to ensure that funding is available to maintain existing facilities and recreational opportunities, to provide for law enforcement presence, to develop additional services, and to protect resources. This mission entails communication with those who will be most directly affected by this project, including recreationists, other recreation providers, partners, neighbors, elected officials, other agencies and others who have a stake in addressing concerns that may arise from the BLM management of the site. Under section 3(g) of the REA, the Mineral Ridge Public Boat Launch on Lake Coeur d'Alene qualifies as a site wherein visitors can be charged an “Expanded Amenity Recreation Fee.” Visitors wishing to use the amenities at the site could purchase a recreation use permit
(RUP)as described in 43 CFR Part 2930. Pursuant to the REA and implementing regulations at 43 CFR Subpart 2933, fees may be charged for day-use facilities such as the Mineral Ridge Public Boat Launch. Specific visitor fees and payment instructions will be clearly posted on site. Persons holding the America the Beautiful—The National Parks and Federal Recreational Lands—Senior Pass (i.e. Interagency Senior Pass), a Golden Age Passport, or the America the Beautiful—The National Parks and Federal Recreational Lands—Access Pass (i.e. Interagency Access Pass) or a Golden Access Passport will be entitled to a 50 percent discount on the daily use fee or $30.00 annual pass. The Mineral Ridge Boat Launch includes a paved parking area, boat launch and mooring facilities, permanent toilet and trash receptacles, and interpretive signs. This site would join three other BLM sites on the lake that already charge comparable fees. The Fee Collection Business Plan prepared for the Mineral Ridge Public Boat Launch site provides for fee collection in considering:
(1)The amount of the recreation fee shall be commensurate with the benefits and services provided to the visitor;
(2)the aggregate effect of recreation fees on recreation users and recreation service providers;
(3)comparable fees charged elsewhere by other public agencies and by nearby private sector operators;
(4)public policy or management objectives served by the recreation fee;
(5)suggestions and other guidance from the Coeur d'Alene District Resource Advisory Council (RAC); and
(6)other factors or criteria as determined by the Secretary. The Coeur d'Alene District Resource Advisory Council (RAC); government officials; tribal, federal, state, county, and local government agencies; conservationists, recreationists, adjacent landowners and right-of-way holders have been or will be notified of the proposal to collect fees through direct mailings, bulletins, fee brochures, public meetings, and on-site public contacts. The REA provides authority for 10 years for the Secretary of the Interior and the Secretary of Agriculture to establish, modify, charge, and collect recreation fees for use of some federal recreation lands and waters, and contains specific provisions addressing public involvement in the establishment of recreation fees, including a requirement that Recreation Resource Advisory Committees or Councils have the opportunity to make recommendations regarding establishment of such fees. The REA also directed the Secretaries of the Interior and Agriculture to publish advance notice in the **Federal Register** whenever new recreation fee areas are established under their respective jurisdictions. In accordance with the BLM recreation fee program policy, the Recreation Fee Business Plan for the site explains the fee collection process and outlines how the fees will be used on-site. The BLM has notified and involved the public at each stage of the planning process, including the proposal to collect fees. The Coeur d'Alene District RAC has reviewed the fee proposal and supports the concept. Fee amounts will be posted on-site, and at the Coeur d'Alene Field Office. Copies of the Business Plan are available for public review. The BLM welcomes public comments on this proposal. Please send any comments you have to the address specified in the ADDRESSES section. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you are advised 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 from public review your personal identifying information, we cannot guarantee that we will be able to do so. Authority: 16 U.S.C. 6803(b). Marc Shumaker, Acting Coeur d'Alene Field Manager. [FR Doc. E7-13692 Filed 7-12-07; 8:45 am] BILLING CODE 4310-$$-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY-090-07-1610-DP] Notice of Availability of the Kemmerer Draft Resource Management Plan Revision and Draft Environmental Impact Statement AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Availability. SUMMARY: In compliance 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)announces the availability of the Kemmerer Draft Resource Management Plan Revision and Draft Environmental Impact Statement (DRMP/DEIS). DATES: The Kemmerer DRMP/DEIS will be available for public review for 90 days from the date the Environmental Protection Agency
(EPA)publishes its Notice of Availability
(NOA)in the **Federal Register** . The BLM can best use comments and resource information submitted within this review period. To ensure that the public has an opportunity to comment on the DRMP/DEIS, public involvement activities will be scheduled in Cokeville, Lyman, Kemmerer, Evanston, and Rock Springs, Wyoming. All meetings, hearings or other public involvement activities will be announced at least 15 days in advance through public notices, media news releases, Web site announcements, or mailings. ADDRESSES: Copies of the DRMP/DEIS have been sent to affected Federal, State and local governments and to interested parties. The document will be available electronically on the following Web site: *http://www.blm.gov/rmp/kemmerer* .Copies of the document will be available for public inspection during normal business hours at the following locations: • Bureau of Land Management, Wyoming State Office, 5353 Yellowstone Road, Cheyenne, Wyoming 82009. • Bureau of Land Management, Kemmerer Field Office, 312 HWY 189 N, Kemmerer, Wyoming 83101. Comments may be submitted by any of the following methods: • *Web site: http://www.blm.gov/rmp/kemmere* r. • *Facsimile:*
(307)828-4539. • *Mail:* Send to the contact listed below. FOR FURTHER INFORMATION CONTACT: Michele Easley, Team Leader, BLM Kemmerer Field Office, 312 HWY 189 N, Kemmerer, Wyoming 83101. Ms. Easley may also be contacted by telephone:
(307)828-4524. Requests for information may be sent electronically to: *kemmerer_wymail@blm.gov* with “Attention: Kemmerer RMP Info Request” in the subject line. SUPPLEMENTARY INFORMATION: The Kemmerer Field Office planning area is located in Lincoln, Uinta, and Sweetwater counties, Wyoming. It includes approximately 1.4 million acres of public land surface and 1.6 million acres of Federal mineral estate administered by the BLM. The existing Kemmerer RMP was completed and its Record of Decision
(ROD)signed on April 29, 1986. New information and changed conditions within the planning area have resulted in a need for the BLM to update the existing RMP. These changes include but are not limited to: increasing interest in development of domestic energy sources, including wind power; increased off-highway-vehicle use and demand for outdoor recreation opportunities; heightened public awareness of and interest in BLM management actions and permitted uses; and concerns over wildlife habitat, including sensitive species habitat and populations. The BLM published a Notice of Intent
(NOI)in the **Federal Register** on June 16, 2003 to prepare an RMP/EIS and initiate its revision of the Kemmerer RMP. The DRMP/DEIS describes existing conditions of the physical, biological, cultural, historic, and socioeconomic resources in and around the planning area. Based on the analyses of alternative management strategies, public input, and interdisciplinary team and cooperating agency discussions, a preferred alternative was developed to address resources such as air and water quality, crucial big game range and other wildlife habitats, scenic views, healthy vegetative cover, and soil stability, while providing for resource uses such as mineral exploration and development, wind energy development, livestock grazing, timber extraction, and motorized and non-motorized recreation. The BLM analyzed four alternatives in the DRMP/DEIS: • *Alternative A:* Continuation of Existing Management (No Action): Continuation of the current management goals, objectives, and direction specified in the Kemmerer RMP and ROD (1986). • *Alternative B:* Provide a high level of environmental protection for wildlife habitat and other resource values, while allowing the production of resource commodities. • *Alternative C:* Maximize the production of resource commodities while providing an adequate level of environmental protection for other resources. • *Alternative D* (BLM's Preferred Alternative): Optimize the mix of resource outputs, including production of resource commodities and wildlife habitat while providing enhancement of environmental protection for all resources. Ten areas were proposed for consideration as Areas of Critical Environmental Concern (ACEC): The Transcontinental Railroad; Raymond Mountain Expansion Area—existing and expansion; the Dry Fork, Upper Tributary, and Lower Tributary watersheds; Bridger Butte; White-tailed Prairie Dog colonies; the Fossil Basin; Special status plant species habitats; and Cushion plant communities. The BLM found that nine of these areas meet relevance and importance criteria, and effects of including these proposals were analyzed. One (Transcontinental Railroad) did not meet the relevance criteria for ACEC consideration. Currently one ACEC, Raymond Mountain, exists within the planning area. This area was included for consideration of retention. In summary, the areas meeting relevance and importance criteria are as follows: • Raymond Mountain Expansion (33,928 potential acres): Values of critical concern are wildlife and fisheries habitat. Management limitations—maintaining and enhancing riparian resources and wildlife habitat in the area. • Dry Fork Watershed (4,690 potential acres): Values of critical concern are wildlife and fisheries habitat. Management limitations—maintaining and enhancing riparian resources and wildlife habitat in the area. • Upper Tributary Watershed (5,595 potential acres): Values of critical concern are wildlife and fisheries habitat. Management limitations—maintaining and enhancing riparian resources and wildlife habitat in the area. • Lower Tributary Watersheds (1,371 potential acres): Values of critical concern are wildlife and fisheries habitat. Management limitations—maintaining and enhancing riparian resources and wildlife habitat in the area. • Bridger Butte (1,127 potential acres): Values of critical concern are Native American concerns, cultural and historic properties, and special status plant communities. Management limitations—limit surface uses to preserve surface and visual values. • White-tailed Prairie Dog colonies (30,913 potential acres): Values of critical concern are white-tailed prairie dog habitats. Management limitations—limit surface disturbance to preserve prairie dog colonies, individuals, and their habitat. • Fossil Basin (451,452 potential acres): Values of critical concern are the preservation and scientific research of the paleontological resource. Management limitations—preserve the fossil resources for scientific study and prevent destruction of the paleontological resource. • Special status plant species habitats (907 acres currently identified): Values of critical concern are special status plant species including Trelease's Milkvetch (Astragalus racemosus var. treleasei), Entire-Leaved Peppergrass (Lepidium integrifolium var. integrifolium), Large-fruited Bladderpod (Lesquerella macrocarpa), Western Bladderpod (Lesquerella multiceps), Prostrate Bladderpod (Lesquerella prostrata), Beaver Rim Phlox (Phlox pungens), Tufted Twinpod (Physaria condensata), and Dorn's Twinpod (Physaria dornii). Use restrictions would be designed to protect the identified plant habitat and would include closure to surface activities that would remove the plant communities from the soil or alter soil chemistry. These areas are proposed for withdrawal from locatable mineral entry. Identified habitat areas will be assessed during the life of the plan for addition to the ACEC. • Cushion Plant Communities (61 acres currently identified): Values of critical concern are uncommon and regional endemic plant species communities. Typical plant associations found in these areas include different species of phlox, twin pods, bladderpods, and many legume species. Use restrictions in the ACEC would include closure to surface activities that would remove the plant communities from the soil or alter soil chemistry. The ACEC is proposed for withdrawal from locatable mineral entry. Areas of known cushion plant communities would be assessed during the life of the plan for addition to the ACEC. The current known endemic cushion plant community that exists northeast of Kemmerer would be included in the ACEC. • Raymond Mountain (13,926 acres): Values of critical concern are Bonneville cutthroat trout habitat and associated riparian resources. Management limitations—maintaining and enhancing riparian resources in the area. With Alternative D (BLM Preferred Alternative), the BLM proposes to establish the Bridger Butte (727 acres); Special status plant species (907 acres); and Cushion plant community (61 acres) ACECs; and retain the Raymond Mountain ACEC (13,926 acres). More detailed management prescriptions for these areas are provided in Table 2-3 of the DRMP/DEIS. Alternative D establishes four Special Recreation Management Areas (SMRAs): Pine Creek Canyon, Raymond Mountain, Dempsey Ridge and Oregon-California National Historic Trails. Alternative D also describes special management objectives and prescriptions for Rock Creek/Tunp and the Bear River Divide. Under Alternative D, two rivers are determined to meet suitability factors for further consideration for inclusion in the National Wild and Scenic Rivers System. These are Huff Creek (7.31 miles) and Raymond Creek (4.10 miles). Both waterways are located within the Raymond Mountain WSA. Alternative D opens 3,963 acres for consideration of future coal leasing. The proposed coal lease area is situated in T. 17 N., R. 117 W., Section 18, 20, 30, and 32; T. 16 N., R. 118 W., Section 2; 17 N., R. 118 W., Section 24. The DRMP/DEIS considered oil and gas, coal, and wind energy development in support of the National Energy Policy and the Energy Policy Act of 2005 in areas with high potential for energy development.The DRMP/DEIS considers and is in conformance with the BLM's National Fire Plan and Healthy Forest Initiative. Since the publication of the NOI in the **Federal Register** , the BLM solicited public comments and input through open houses, newsletters, a public Web site and mailings. Meetings were held to provide the public with an opportunity to gain information about the RMP revision process and to submit comments. Public meetings were held in the following Wyoming communities: Kemmerer, November 17, 2003; Evanston, November 18, 2003; and Rock Springs, November 19, 2003. During the scoping period, the BLM received over 1,000 public comments. Cooperating agencies assisting BLM in the development and preparation of the DRMP/DEIS include county governments, conservation districts, other Federal agencies and the State of Wyoming. The BLM contacted tribal governments with possible interests and offered opportunities for participation in the plan revision process. In preparation of the DRMP/DEIS, the BLM considered all comments presented throughout the process. Background information and maps used in developing the DRMP/DEIS are available for public review at the Kemmerer Field Office. The BLM welcomes your comments. To facilitate analysis of comments and information the public is encouraged to submit comments in an electronic format through either the Web site identified in this notice or through electronic mail. All comment submittals must include the commenter's name and street address. Individual respondents may request confidentiality. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, be advised 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 from public review your personal identifying information, we cannot guarantee that we will be able to do so. All submissions from organizations and businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be available for public inspection in their entirety. Robert A. Bennett, State Director. [FR Doc. E7-13702 Filed 7-12-07; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR National Park Service Fire Management Plan, Final Environmental Impact Statement, Saguaro National Park, AZ AGENCY: National Park Service, Department of the Interior. ACTION: Notice of availability of a Record of Decision on the Final Environmental Impact Statement for the Fire Management Plan, Saguaro National Park. SUMMARY: Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969, 83 Stat. 852, 853, codified as amended at 42 U.S.C. 4332(2)(C), the National Park Service announces the availability of the Record of Decision for the Fire Management Plan, Saguaro National Park, Arizona. On April 25, 2007, the Director, Intermountain Region approved the Record of Decision for the project. As soon as practicable, the National Park Service will begin to implement the Preferred Alternative contained in the FEIS issued on October 7, 2005. The following course of action will occur under the preferred alternative, a fire management program utilizing wildland fire use fires, prescribed fire, non-fire treatments and suppression. This course of action and 2 alternatives were analyzed in the Draft and Final Environmental Impact Statements. The full range of foreseeable environmental consequences was assessed, and appropriate mitigating measures were identified. The Record of Decision includes a statement of the decision made, synopses of other alternatives considered, the basis for the decision, a description of the environmentally preferable alternative, a finding on impairment of park resources and values, a listing of measures to minimize environmental harm, and an overview of public involvement in the decision-making process. FOR FURTHER INFORMATION CONTACT: Kristy Lund, 3693 S. Old Spanish Trail, AZ 85730, *KristyLund@nps.gov* . SUPPLEMENTARY INFORMATION: Copies of the Record of Decision may be obtained from the contact listed above or online at *http://parkplanning.nps.gov.* Dated: April 25, 2007. Anthony J. Schetzsle, Deputy Regional Director, Intermountain Region, National Park Service. [FR Doc. 07-3288 Filed 7-6-07; 8:45 am]
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