[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Notices]
[Pages 6621-6623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01396]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVL0000.L16100000.DP0000, N-96543 MO #4500156699]


Notice of Intent/Notice of Realty Action: Proposed Resource 
Management Plan Amendment and an Associated Environmental Assessment 
for the Direct Sale of 0.66 Acres in the Ely District Office, White 
Pine County, Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action and notice of intent.

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SUMMARY: In accordance with the National Environmental Policy Act 
(NEPA) of 1969, as amended, and the Federal Land Policy and Management 
Act (FLPMA) of 1976, as amended, the Bureau of Land Management (BLM) 
Ely District Office, Ely, Nevada, intends to prepare a Resource 
Management Plan (RMP) amendment (RMPA), with an associated 
Environmental Assessment (EA), to the 2008 Ely District Record of 
Decision and Approved RMP. The proposed RMPA would evaluate whether the 
subject parcel of public land meets the disposal criteria described in 
Section 203 of the FLPMA, as amended, and allow the direct sale 
(without competition) of 0.66 acres of BLM managed public land to Nina 
Higgs, Trustee for Shirley Schena, if the parcel is determined to meet 
the disposal criteria. The purpose of the sale would be to resolve an 
inadvertent trespass and the EA would analyze the environmental effects 
of the direct sale of the land identified for disposal. The sale would 
be for no less than the appraised fair market value of $10,000. The 
sale would be subject to the applicable provisions of Section 203 of 
FLPMA and the BLM land sale regulations. Section 203 of FLPMA states 
that tracts of public land may be sold because of land use planning 
required under Section 202 of FLPMA; the subject parcel was not 
previously identified for disposal in the RMP, therefore the BLM must 
amend the RMP to allow the proposed sale to proceed. This notice serves 
to notify the public of the BLM's proposed realty action and initiates 
the public scoping process to solicit public comments on anticipated 
issues and planning criteria.

DATES: Interested parties may submit written comments regarding the 
RMPA planning criteria and proposed land sale during the 45-day scoping 
and comment period initiated by publication of this notice in the 
Federal Register and ending on March 21, 2022. All timely comments will 
be considered during analysis of the RMPA and land sale proposal. 
Interested parties will have the following additional opportunities to 
participate in this process:
    Interested parties will be notified when the Draft RMPA, EA, and 
unsigned Finding of No Significant Impact (FONSI) are ready for review 
and will be provided another 30-day comment period. Upon review of 
comments to the Draft RMPA, EA, and unsigned FONSI, a Proposed RMPA, 
EA, and signed FONSI will be completed. Interested parties will be 
notified again when the Proposed RMPA, EA, and signed FONSI are ready 
for review which will initiate three, separate external engagement 
opportunities. First, interested parties will be provided a 30-day 
protest period, subject to 43 CFR 1610.5-2, on the Proposed RMPA to the 
BLM Nevada State Director. The BLM Nevada State Director will review 
all protests and must render land use planning decisions, which shall 
be the final decisions for the Department of the Interior (43 CFR 
1610.5-2(b)). Second, the notification will also begin a separate, 
concurrent 60-day Governor's consistency review of the Proposed RMPA 
(43 CFR 1610.3-2(e)). The BLM Nevada State Director may negotiate a 
shorter Governor's consistency review period. The BLM Nevada State 
Director will review any inconsistencies with state plans, policies, or 
programs raised by the Governor and accept or reject recommendations 
proposed to resolve the inconsistencies. Any rejection of the 
recommendations will further initiate a 30-day appeal period for the 
Governor on the BLM Nevada State Director's rejection of the 
recommendations. Third, the notification of the Proposed RMPA, EA, and 
signed FONSI will also begin a separate, concurrent 30-day protest 
period subject to MS2711.4(d) on the land sale decision. The BLM Nevada 
State Director will review all protests and may sustain, vacate, or 
modify the Proposed RMPA and land sale, in whole or in part. In the 
absence of any protests, the BLM will develop the approved RMPA and 
Decision Record, which will document the final determination of the 
Department of the Interior for the land sale. In addition to 
publication in the Federal Register, the BLM will publish this notice 
in the Ely Times newspaper once a week for three consecutive weeks. Any 
other subsequent notices related to the RMPA and land sale may also be 
published in the Ely Times newspaper.

[[Page 6622]]


ADDRESSES: Comments concerning the realty action and issues and 
planning criteria related to the RMPA, EA, and direct sale may be 
submitted by mail to: BLM, Bristlecone Field Office, 702 North 
Industrial Way, Ely, Nevada 89301, ATTN: Jared Bybee, Field Manager.

FOR FURTHER INFORMATION CONTACT: Nicole Cummings, Realty Specialist, 
Ely District Office, at 775-289-1809, or by email at <a href="/cdn-cgi/l/email-protection#a5cbc6d0c8c8cccbc2d6e5c7c9c88bc2cad3"><span class="__cf_email__" data-cfemail="375954425a5a5e59504477555b5a19505841">[email protected]</span></a>; 
or Jared Bybee, Field Manager, Bristlecone Field Office, at 775-289-
1847, or by email at <a href="/cdn-cgi/l/email-protection#80eae2f9e2e5e5c0e2ecedaee7eff6"><span class="__cf_email__" data-cfemail="610b031803040421030d0c4f060e17">[email protected]</span></a>. 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. Project information, 
documents, and associated maps will be available for review during 
associated public comment and review periods during business hours, 
Monday through Friday, at the Bristlecone Field Office, except during 
Federally recognized holidays. Project information will also be 
available on the BLM's e-Planning website: https://go.usa.gov/xMDeX.

SUPPLEMENTARY INFORMATION: This document provides notice that the BLM 
Ely District Office, Ely, Nevada, proposes to segregate the identified 
public land, amend the relevant RMP, and prepare an associated EA that 
proposes to offer the land for direct sale to resolve the issue of an 
inadvertent trespass. The BLM will examine the following described 
public lands located in White Pine County, Nevada, for disposal 
suitability under the authority of Sections 202 and 203 of FLPMA:

Mount Diablo Meridian, Nevada

T. 14 N., R. 70 E.,
    Sec. 19, lot 20.


    The area described contains 0.66 acres, according to the 
official plats of the said land, 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 the 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). Until completion of the sale, the 
BLM will no longer accept land use applications affecting the 
identified public land in accordance with 43 CFR 2807.15.
    The BLM may sell a tract of public land because of approved land 
use planning if the sale of the tract meets the disposal criteria. The 
2008 Ely District Record of Decision and Approved RMP does not identify 
the 0.66 acres of public land in question as suitable for disposal. 
Therefore, to dispose of the tract, the BLM must amend the RMP to meet 
the requirements of FLPMA Section 203 through land use planning. If 
authorized, the underlying decision will amend the 2008 Ely District 
RMP, establishing that ``such tract, 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.''
    The BLM will analyze the parcel and develop an EA to evaluate the 
environmental effects of the proposed RMPA 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 
but not limited to relieving BLM authority for 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 protest 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)(5) make allowances for direct sales to 
resolve inadvertent unauthorized use or occupancy of public land. The 
BLM will consider selling this parcel if it is determined that the 
public interest would best be served by selling the 0.66-acre parcel to 
Nina Higgs, Trustee for Shirley Schena, for the fair market value of at 
least $10,000 to resolve the inadvertent trespass and ensure the 
federal government receives fair compensation for the sale of the 
parcel. 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 Land Disposals and 
Exchanges. Disposal of this tract will have no anticipated impacts on 
recreational access to adjacent tracts of publicly accessible lands.
    The conveyance document, if issued, will contain the following 
reservations, excepting and reserving to the United States:
    (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) 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 omissions of its mining claimants, permittees, licensees, and 
lessees.
    (3) An appropriate indemnification clause protecting the United 
States from claims arising out of the patentee's use, occupancy, or 
occupation on the patented lands.
    The conveyance document, if issued, will be subject to all valid 
existing rights. The BLM will publish this notice in the Ely Times 
newspaper once a week for three consecutive weeks. 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 comments, this realty 
action will

[[Page 6623]]

become the final determination of the Department of the Interior.
    This document also announces the beginning of the scoping process 
and seeks public input on preliminary issues and planning criteria. The 
purpose of the public scoping process is to determine relevant issues 
that will influence the scope of the environmental analysis, including 
alternatives, and guide the planning process. The following preliminary 
issues and planning criteria for the plan amendment have been 
identified by BLM personnel:
    Preliminary Issues--(1) What impacts would the proposed sale have 
on resources potentially eligible for the National Register of Historic 
Places; (2) How would lands and realty be impacted or impact the 
proposed sale; and (3) What impacts would the proposed sale have on 
fish and wildlife, special status species, and migratory birds and 
their habitat? Preliminary Planning Criteria--(1) The Proposed RMP 
Amendment and associated EA will be in compliance with the FLPMA and 
all other applicable laws, regulations and policies; (2) the Proposed 
RMP Amendment will be in compliance with 43 CFR part 2711.3-3; (3) 
Impacts of the proposed direct land sale and RMP Amendment will be 
analyzed in an EA, in accordance with 43 CFR part 1500 and 43 CFR part 
1600; (4) the EA and RMP Amendment will be developed in a manner 
consistent as possible with plans and policies of adjacent local, 
state, Tribal, and Federal agencies, within the parameters set by 
Federal laws, regulations, and policies; and (5) All data and graphic 
material in this plan amendment will be displayed electronically, using 
Geographic Information System (GIS) format. All applicable BLM data 
standards will be followed.
    The BLM will evaluate identified issues to be addressed in the RMP 
Amendment and will place them into one of three categories: (1) Issues 
to be resolved in the plan amendment; (2) Issues to be resolved through 
policy or administrative action; or (3) Issues beyond the scope of this 
plan amendment.
    The BLM will provide an explanation in the Draft/Preliminary EA as 
to why an issue was placed in Category Two or Three. The BLM will use 
an interdisciplinary approach to develop the RMPA and EA and consider 
the variety of resource issues and concerns identified. Additionally, 
the BLM or the Tribes can initiate, at any time during this process, 
consultation on a government-to-government basis in accordance with 
Executive Order 13175 and other policies. Tribal concerns, including 
impacts on Indian trust assets and potential impacts to cultural 
resources, will be given due consideration and will be analyzed in the 
EA.
    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 comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

(Authority: 43 CFR subpart 1500; 43 CFR subpart 1600; 43 CFR 2710; 
43 CFR 2711)

Robbie McAboy,
District Manager, Ely District Office.
[FR Doc. 2022-01396 Filed 2-3-22; 8:45 am]
BILLING CODE 4310-HC-P


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