[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Notices]
[Pages 52937-52938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24665]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLMT924000 L14400000.FR0000 17XL1109AF; MO#4500106754; MTM 108489]
Initial Classification and Extension of the Proposed
Classification and Segregation for State In Lieu Selection, Montana
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of lands suitable for conveyance.
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SUMMARY: The Montana Department of Natural Resources and Conservation
(State) has filed a petition for classification and application to
obtain public lands and the mineral estate in lieu of lands to which
the State was entitled, but did not receive, under its Statehood Act.
This classification, made under Section 7 of the Taylor Grazing Act of
June 8, 1934, partially satisfies the obligation to the State. This
Notice also extends the segregation initiated by that application, and
the proposed classification published in the Federal Register on
October 17, 2016, for the remaining lands included in the State's
application to allow continued review to determine suitability.
DATES: Written comments requesting administrative review regarding the
classification of lands and minerals may be submitted to the Secretary
of the Interior (Secretary) on or before December 15, 2017. Additional
administrative review requirements are found in the SUPPLEMENTARY
INFORMATION section.
ADDRESSES: Send requests for administrative review to the Secretary of
the Interior, 1849 C Street NW., Room 2134LM, WO-350 (Wilhight),
Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Renee Johnson, Branch of Lands,
Realty, and Renewable Energy; telephone (406) 896-5028; email
[email protected]. 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: Sections 2275 and 2276 of the Revised
Statutes, as amended (43 U.S.C. 851 and 852), provide authority for the
State of Montana to receive title to public land in lieu of lands to
which it was entitled under the Enabling Act of 1889 (25 Stat. 676) but
did not receive because the lands were either encumbered or no longer
held in Federal ownership.
Section 7 of the Taylor Grazing Act of June 8, 1934 (43 U.S.C. 315
et seq.) requires that such public lands and/or minerals identified for
proposed transfers out of Federal ownership under this authority must
first be classified. The Bureau of Land Management (BLM) is classifying
these lands and minerals pursuant to 43 CFR 2400 and Section 7 of the
Taylor Grazing Act of June 8, 1934. The BLM has completed a review and
environmental analysis on a portion of the lands included in the
proposed classification dated October 17, 2016 (80 FR 71529), and is
hereby classifying 2,126.11 acres as suitable for conveyance. The
environmental analysis resulted in a Finding of No Significant Impact.
The BLM is continuing review of the remaining 13,929.63 acres of the
total 16,055.74 acres included in the proposed classification.
For a period of 30 days from the date of publication of this
Notice, this classification is subject to the exercise of
administrative review and modification by the Secretary as provided for
under 43 CFR 2461.3. All persons who wish to request that the Secretary
conduct an administrative review of the finding that these lands are
suitable for conveyance to the State may present their views to the
address given in the ADDRESSES section above. Electronic mail,
facsimile, or telephone requests will not be accepted. Requests for
administrative review will be evaluated by the Secretary, or his
delegate, who will issue a notice of determination to proceed with,
modify, or cancel the initial classification. In the absence of any
requests for administrative review, this initial classification will
become final and effective on December 15, 2017.
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 request to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
The lands/minerals affected by this classification are in Chouteau,
Hill, and Custer Counties, Montana, and are described as follows:
[[Page 52938]]
Principal Meridian, Montana
T. 29 N., R. 11 E.,
Sec. 21, N\1/2\NE\1/4\ and N\1/2\NW\1/4\;
Sec. 22, NW\1/4\NW\1/4\.
T. 29 N., R. 12 E.,
Sec. 9, W\1/2\ and SE\1/4\;
Sec. 21, N\1/2\NE\1/4\ and N\1/2\NW\1/4\;
Sec. 22;
Sec. 28, W\1/2\;
Sec. 29, E\1/2\NE\1/4\ and E\1/2\SE\1/4\.
T. 30 N., R. 12 E.,
Sec. 35, SE\1/4\.
T. 7 N., R. 47 E.,
tracts DD and FF.
The areas described aggregate 2,126.11 acres.
The BLM has examined the lands described above for evidence of
valid existing rights and any constraints that would prevent
conveyance. No persons other than holders of leases, permits, and
rights-of-way, asserted a claim to, or interest in, the lands proposed
for classification.
When the selection is certified to the State, the document
transferring title will contain the following reservations to the
United States:
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,
26 Stat. 391 (43 U.S.C. 945).
2. A right-of-way for a storm water drainage system and all
appurtenances thereto, through, over, and upon the land described as
tracts DD and FF, T.7N, R.47E, Principal Meridian, Montana, including
the right of the United States and its agents, assigns, or employees,
to enter upon, maintain, operate, repair, or improve the same, so long
as needed or used for or by the United States.
The title will also be taken subject to:
1. Those rights for a power line granted to MDU Resources Group,
Inc., its successors or assigns, by right-of-way No. MTM 91401,
pursuant to the Act of October 21, 1976 (43 U.S.C. 1761), located in
tracts DD and FF, T. 7 N., R. 47 E., Principal Meridian, Montana.
2. Those rights for a power line granted to Northwestern
Corporation, its successors or assigns, by right-of-way No. MTM 108329,
pursuant to the Act of October 21, 1976 (43 U.S.C. 1761), located in
sections 21, 22, 28, and 29, T. 29 N., R. 12. E., Principal Meridian,
Montana.
3. Those rights for a water pipeline granted to Loma Sewer and
Water, its successors or assigns, by right-of-way No. MTM 93467,
pursuant to the Act of October 21, 1976 (43 U.S.C. 1761), located in
the E\1/2\NE\1/4\ and E\1/2\SE\1/4\, section 29, T. 29 N., R. 12. E.,
Principal Meridian, Montana.
Right-of-way holders will be afforded the opportunity to modify
their existing authorization per 43 CFR 2807.15 prior to official
transfer of the lands to the State.
The subject lands contain grazing leases authorized under Section
15 of the Taylor Grazing Act. The holders of the BLM grazing use
authorizations received the required 2-year notices as outlined in 43
CFR 4110.4-2(b). The lands will not be conveyed until expiration of the
2-year period or receipt of a waiver from the current holder. State of
Montana procedures provide that upon Land Board Approval, the State
will offer 10-year grazing leases to the current holders of BLM
permits/leases on any transferred lands.
The lands contain no oil and gas, geothermal, or other leases
issued under the authority of the Mineral Leasing Act of 1920 (30
U.S.C. 181 et seq.). No mining claims are recorded with the BLM on
these lands, nor was any evidence of mining activity found on the
ground. Title will not be subject to the agricultural leases issued
under the authority of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1732) that expire on December 31, 2017.
This Notice also extends the proposed classification and
segregation of the land contained in the State's application, but not
yet found suitable for conveyance, for a period of 2 additional years
through December 1, 2019. These lands remain segregated from all forms
of disposal under the public land laws, including the mining laws,
except for the form of land disposal specified in the notice of
proposed classification. This publication does not alter the
applicability of the public land laws governing the use of the lands
under lease, license, or permits or governing the disposal of their
mineral and vegetative resources, other than under the mining laws.
The segregative effect of this extension will terminate in one of
the following ways:
(1) Classification of the lands within 2 years of publication of
this notice of extension of the proposed classification in the Federal
Register;
(2) Publication of a notice of termination of the proposed
classification in the Federal Register;
(3) An Act of Congress; or
(4) Expiration of the additional 2-year period extending the
proposed classification afforded by publication of this Notice.
Authority: 43 CFR parts 2400 and 2621.
Jon K. Raby,
Acting State Director, Montana/Dakotas.
[FR Doc. 2017-24665 Filed 11-14-17; 8:45 am]
BILLING CODE 4310-DN-P