Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices 38219 

you can ask us in your protest to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Sally Wisely, 

Colorado State Director. 

[FR Doc. E9–18233 Filed 7–30–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLUT–92000–09–L13200000–EL0000–24– 

1A00, UTU86038] 

Notice of Federal Competitive Coal 

Lease Sale, Utah 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of Competitive Coal 

Lease Sale, Miller Canyon Tract, Coal 

Lease Application UTU–86038. 

SUMMARY: Notice is hereby given that 

the United States Department of the 

Interior, Bureau of Land Management 

(BLM) Utah State Office will offer 

certain coal resources described below 

as the Miller Canyon Tract (UTU– 

86038) in Emery County, Utah, for 

competitive sale by sealed bid, in 

accordance with the provisions for 

competitive lease sale notices in 43 CFR 

3422.2(a), and the Mineral Leasing Act 

of 1920, as amended and supplemented 

(30 U.S.C. 181 et seq.). 

DATES: The lease sale will be held at 1 

p.m., Thursday, September 3, 2009. The 

sealed bid must be sent by certified 

mail, return receipt requested, or be 

hand delivered to the address indicated 

below, and must be received on or 

before 10 a.m., Thursday, September 3, 

2009. 

The BLM cashier will issue a receipt 

for each hand delivered sealed bid. Any 

bid received after the time specified will 

not be considered and will be returned. 

The outside of the sealed envelope 

containing the bid must clearly state 

that the envelope contains a bid for Coal 

Lease Sale UTU–86038, and is not to be 

opened before the date and hour of the 

sale. 

ADDRESSES: The lease sale will be held 

in the Utah State Office, BLM, in the 

Monument Conference Room, Fifth 

Floor, 440 West 200 South, Salt Lake 

City, Utah. Sealed bids clearly marked 

‘‘Sealed Bid for UTU–86038—Not to be 

opened before 1 p.m., Thursday, 

September 3, 2009’’ can be hand 

delivered to the cashier, Utah State 

Office, 440 West 200 South, Suite 500, 

Salt Lake City, Utah, or may be mailed 

to the BLM, Utah State Office, P.O. Box 

45155, Salt Lake City, Utah 84145–0155. 

FOR FURTHER INFORMATION CONTACT: Stan 

Perkes, 440 West 200 South, Suite 500, 

Salt Lake City, Utah 84101–1345 or 

telephone 801–539–4036. 

SUPPLEMENTARY INFORMATION: This Coal 

Lease Sale is being held in response to 

a lease by application (LBA) submitted 

by Consolidation Coal Company to BLM 

on February 7, 2008. All coal LBAs 

submitted to BLM for processing on or 

after November 7, 2005, are subject to 

cost recovery on a case-by-case basis 

(See 43 CFR 3000.10(d)(1), 70 FR 58872, 

October 7, 2005). The cost recovery 

rules implemented for coal LBAs at 43 

CFR 3473.2(f) (70 FR 58876, October 7, 

2005) require the applicant who 

nominates a tract for a competitive lease 

sale to pay the processing fee on a caseby-case basis as described in 43 CFR 

3000.11 prior to publication of the sale 

notice. Consolidation Coal Company 

paid the BLM a processing fee in the 

amount of $20,130. The successful 

bidder must pay to BLM the cost 

recovery amount of all costs BLM incurs 

processing the coal lease sale and 

additionally must pay all processing 

costs that BLM incurs after the date of 

the sale notice leading to lease issuance 

(See 43 CFR 3473.2(f)). If the successful 

bidder is someone other than the 

applicant, BLM will refund to the 

applicant the processing fee specified in 

this sale notice. If there is no successful 

bidder, the applicant remains 

responsible for all processing fees. 

The coal resources to be offered 

consist of all recoverable reserves 

available in the following described 

lands located in Emery County, Utah, 

approximately three miles south of 

Emery, Utah, on private lands with 

federally-administered minerals: 

T. 22 S., R. 6 E., SLM, Emery County, Utah 

Sec. 23, S1⁄2SW1⁄4; 

Sec. 26, NW1⁄4NW1⁄4. 

Containing approximately 120.00 acres in 

Emery County, Utah. 

The Miller Canyon coal tract has one 

minable coal bed, known as the ‘‘I’’ coal 

bed. The minable portions of the ‘‘I’’ 

coal bed in this area are around 12 feet 

in thickness. The ‘‘I’’ coal bed, within 

the tract, contains approximately 

561,000 tons of recoverable high-volatile 

B bituminous coal. The coal quality in 

the ‘‘I’’ coal bed on an ‘‘as received 

basis’’ is as follows: 12,179 Btu/lb., 6.07 

percent moisture, 8.37 percent ash, 

38.89 percent volatile matter, 47.24 

percent fixed carbon, and 1.08 percent 

sulfur. The Department of the Interior 

has established a minimum bid of $100 

per acre, or fraction thereof. The 

minimum bid is not intended to 

represent fair market value (FMV). The 

Miller Canyon Tract may be leased to 

the qualified bidder of the highest cash 

amount, provided that the high bid 

equals or exceeds the FMV for the tract 

as determined by the authorized officer 

after the sale. 

The BLM held a public hearing and 

requested comments on the 

Environmental Assessment (EA) and the 

FMV of the Miller Canyon Tract on 

January 21, 2009. The BLM prepared the 

Finding of No Significant Impact 

(FONSI), Decision Record (DR)/Decision 

Notice (DN). The BLM signed the 

FONSI/DR March 2, 2009. No appeals of 

the BLM decision to lease were filed 

during the appeal period that ended on 

April 3, 2009. 

The lease that may be issued as a 

result of this offering will provide for 

payment of an annual rental of $3 per 

acre, a royalty rate of 12.5 percent of the 

value of coal mined by surface methods, 

and a royalty of 8 percent of the value 

of the coal produced by underground 

mining methods. The value of the coal 

will be determined in accordance with 

30 CFR 206.250. 

The required Detailed Statement for 

the offered tract, including bidding 

instructions and sales procedures under 

43 CFR 3422.3–2, and the terms and 

conditions of the proposed coal lease, is 

available from BLM, Utah State Office, 

P.O. Box 45155, Salt Lake City, Utah 

84145–0155 or in the Public Room 

(Room 500), 440 West 200 South, Salt 

Lake City, Utah 84101. All case file 

documents and written comments 

submitted by the public on Fair Market 

Value or royalty rates, except those 

portions identified as proprietary by the 

commentator and meeting exemptions 

stated in the Freedom of Information 

Act, are available for public inspection 

during normal business hours in the 

BLM Public Room (Room 500). 

Approved: May 22, 2009. 

Selma Sierra, 

State Director. 

[FR Doc. E9–18307 Filed 7–30–09; 8:45 am] 

BILLING CODE 4310–DQ–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLWY–957400–09–L14200000–BJ0000– 

TRST] 

Notice of Filing of Plats of Survey, 

Wyoming 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of Filing of Plats of 

Survey, Wyoming. 


PWALKER on DSK8KYBLC1PROD with NOTICES
38220 Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Notices 

SUMMARY: The Bureau of Land 

Management (BLM) is scheduled to file 

the plats of survey of the lands 

described below thirty (30) calendar 

days from the date of this publication in 

the BLM Wyoming State Office, 

Cheyenne, Wyoming. 

FOR FURTHER INFORMATION CONTACT: 

Bureau of Land Management, 5353 

Yellowstone Road, P.O. Box 1828, 

Cheyenne, Wyoming 82003. 

SUPPLEMENTARY INFORMATION: This 

survey was executed at the request of 

the Bureau of Indian Affairs and is 

necessary for the management of these 

lands. The lands surveyed are: 

The plat and field notes representing 

the dependent resurvey of a portion of 

the subdivisional lines and a portion of 

the subdivision of section 10, and the 

survey of the subdivision of section 11, 

and the metes and bounds surveys of 

certain parcels, Township 1 South, 

Range 4 East, of the Wind River 

Meridian, Wyoming, Group No. 787, 

was accepted July 27, 2009. 

The plat and field notes representing 

the dependent resurvey of a portion of 

the Second Standard Parallel North, 

through Range 2 East, the subdivisional 

lines and adjusted meanders of the right 

bank of South Fork Owl Creek, and the 

survey of the subdivision of section 35, 

Township 9 North, Range 2 East, of the 

Wind River Meridian, Wyoming, Group 

No. 788, was accepted July 27, 2009. 

The plat and field notes representing 

the dependent resurvey of a portion of 

the subdivisional lines and a portion of 

the subdivision of section 9, and the 

metes and bounds survey of Parcel A, 

section 9, Township 1 South, Range 2 

East, of the Wind River Meridian, 

Wyoming, Group No. 789, was accepted 

July 27, 2009. 

Copies of the preceding described 

plats and field notes are available to the 

public at a cost of $1.10 per page. 

Dated: July 27, 2009. 

John P. Lee, 

Chief Cadastral Surveyor, Division of Support 

Services. 

[FR Doc. E9–18287 Filed 7–30–09; 8:45 am] 

BILLING CODE 4310–22–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Kaw Nation Alcohol Control Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the Kaw 

Nation Alcohol Control Ordinance. The 

Ordinance regulates and controls the 

possession, sale, and consumption of 

liquor within the tribal lands. The tribal 

lands are located in Indian country and 

this Ordinance allows for possession 

and sale of alcoholic beverages within 

their boundaries. This Ordinance will 

increase the ability of the tribal 

government to control the community’s 

liquor distribution and possession, and 

at the same time will provide an 

important source of revenue for the 

continued operation and strengthening 

of the tribal government and the 

delivery of tribal services. 

DATES: Effective Date: This Ordinance is 

effective on July 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sherry Lovin, Tribal Government 

Services Officer, Southern Plains 

Regional Office, WCD Office Complex, 

PO Box 368, Anadarko, OK 73005, 

Telephone: (405) 247–1534, Fax (405) 

247–9240; or Elizabeth Colliflower, 

Office of Indian Services, 1849 C Street, 

NW., Mail Stop 4513–MIB, Washington, 

DC 20240, Telephone: (202) 513–7640. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Act of August 15, 1953, Public 

Law 83–277, 67 Stat. 586, 18 U.S.C. 

1161, as interpreted by the Supreme 

Court in Rice v. Rehner, 463 U.S. 713 

(1983), the Secretary of the Interior shall 

certify and publish in the Federal 

Register notice of adopted liquor 

ordinances for the purpose of regulating 

liquor transactions in Indian country. 

The Kaw Nation Executive Council 

adopted its Alcohol Control Ordinance 

by Resolution No. 07–62 on November 

27, 2007. The purpose of this Ordinance 

is to govern the sale, possession, and 

distribution of alcohol within tribal 

lands of the Tribe. 

This notice is published in 

accordance with the authority delegated 

by the Secretary of the Interior to the 

Assistant Secretary—Indian Affairs. I 

certify that this Alcohol Control 

Ordinance of the Kaw Nation Executive 

Council was duly adopted by the 

Council on November 27, 2007. 

Dated: July 23, 2009. 

Larry Echo Hawk, 

Assistant Secretary—Indian Affairs. 

The Kaw Nation Alcohol Control 

Ordinance reads as follows: 

Kaw Nation Alcohol Control Ordinance 

Article I. Introduction 

Section 1.1. Title 

This Ordinance shall be known as the 

‘‘Kaw Nation Alcohol Control 

Ordinance.’’ 

Section 1.2. Authority 

This Ordinance is enacted pursuant to 

the Act of August 15, 1953. Public Law 

83–277, 67 Stat. 586, 18 U.S.C. 1161 and 

Article II, § 4 of the Constitution of the 

Kaw Nation. 

Section 1.3. Purpose 

The purpose of this Ordinance is to 

regulate and control the manufacture, 

distribution, possession, and sale of 

Alcohol on Tribal lands of the Kaw 

Nation. The enactment of this 

Ordinance will enhance the ability of 

the Kaw Nation to control all such 

alcohol-related activities within the 

jurisdiction of the Tribe and will 

provide an important source of revenue 

for the continued operation and 

strengthening of the Kaw Nation and the 

delivery of important governmental 

services. 

Section 1.4. Application of Federal Law 

Federal law forbids the introduction, 

possession and sale of liquor in Indian 

Country (18 U.S.C. 1154 and other 

statutes), except when in conformity 

both with the laws of the State and the 

Tribe (18 U.S.C. 1161). As such, 

compliance with this Ordinance shall be 

in addition to, and not a substitute for, 

compliance with the laws of the State of 

Oklahoma. 

Section 1.5. Administration of 

Ordinance 

The Executive Council, through its 

powers vested under Article II, § 4 of the 

Constitution of the Kaw Nation and this 

Ordinance, delegates to the Alcohol 

Regulatory Authority the authority to 

exercise all of the powers and 

accomplish all of the purposes as set 

forth in this Ordinance, which may 

include, but are not limited to, the 

following actions: 

A. Adopt and enforce rules and 

regulations for the purpose of 

effectuating this Ordinance, which 

includes the setting of fees, fines and 

other penalties; 

B. Execute all necessary documents; 

and 

C. Perform all matters and actions 

incidental to and necessary to conduct 

its business and carry out its duties and 

functions under this Ordinance. 

Section 1.6. Sovereign Immunity 

Preserved 

A. The Tribe is immune from suit in 

any jurisdiction except to the extent that 

the Executive Council of the Kaw 

Nation expressly and unequivocally 

waives such immunity by approval of 

such written resolution. 

B. Nothing in this Ordinance shall be 

construed as waiving the sovereign 

immunity of the Kaw Nation or the 

Alcohol Regulatory Authority as an 

agency of the Kaw Nation. 


PWALKER on DSK8KYBLC1PROD with NOTICES