53340 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices 

CFR subpart 2743 and the following 

reservations 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 minerals, together with the right 

to prospect for, mine, and remove such 

deposits from the same under applicable 

law and such regulations as the 

Secretary of the Interior may prescribe 

including all necessary access and exit 

rights. 

A conveyance would also be subject 

to the following terms and conditions: 

1. All valid existing rights. 

2. An indemnification clause 

protecting the United States from claims 

arising out of the patentee’s use, 

occupancy, or operations on the land. 

3. A limited reversionary provision 

stating that the title shall revert to the 

United States upon a finding, after 

notice and opportunity for a hearing, 

that the patentee has not substantially 

developed the lands in accordance with 

the approved plan of development on or 

before the date 5 years after the date of 

conveyance. No portion of the land shall 

under any circumstance revert to the 

United States if any such portion has 

been used for solid waste disposal or for 

any other purpose which may result in 

the disposal, placement, or release of 

any hazardous substance. 

Upon publication of this notice in the 

Federal Register, the lands described 

above are segregated from all other 

forms of appropriation under the public 

land laws, including the general mining 

laws, except for conveyance under the 

R&PP Act. 

Classification Comments: Interested 

parties may submit comments involving 

the suitability of the land for the 

expansion of the existing county 

landfill. Comments on the classification 

are restricted to whether the land is 

physically suited for the proposal, 

whether the use will maximize the 

future use (or uses) of the land, whether 

the use is consistent with local planning 

and zoning, or whether the use is 

consistent with state and Federal 

programs. 

Application Comments: Interested 

parties may submit comments regarding 

the specific use proposed in the 

application, or any other factors not 

directly related to the suitability of the 

land for a county landfill. 

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. The BLM State Director will 

review any adverse comments. In the 

absence of any adverse comments, the 

classification will become effective 

November 1, 2010. 

The lands will not be available for 

conveyance until after the classification 

becomes effective, and until a 

determination of significance and 

decision record have been signed for the 

completed Environmental Assessment. 

Authority: 43 CFR 2741.5(h). 

Approved: 

Jeff Rawson, 

Associate State Director. 

[FR Doc. 2010–21717 Filed 8–30–10; 8:45 am] 

BILLING CODE 4310–DQ–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

Request for Determination of Valid 

Existing Rights Within the Daniel 

Boone National Forest, Kentucky 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Notice and request for comment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSM), are providing opportunity for 

the public to comment on a request for 

a determination of valid existing rights 

(VER) to conduct surface coal mining 

operations on approximately 175 acres 

of land owned by the U.S. Forest 

Service within the Daniel Boone 

National Forest in Clay County, 

Kentucky. 

DATES: We will accept electronic or 

written comments until 4 p.m. Eastern 

time on September 30, 2010. Requests 

for an extension of the comment period 

must be received by the same time. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Mail/Hand-Deliver/Courier: Joseph 

L. Blackburn, Director, Lexington Field 

Office, 2675 Regency Road, Lexington, 

Kentucky 40503. 

• E-mail: jblackburn@osmre.gov. 

For detailed instructions on 

submitting comments, see ‘‘V. How do I 

submit comments on the request?’’ in 

the SUPPLEMENTARY INFORMATION section 

of this document. 

FOR FURTHER INFORMATION CONTACT: 

Joseph L. Blackburn, Director, Lexington 

Field Office, 2675 Regency Road, 

Lexington, Kentucky 40503. Telephone: 

(859) 260–3900. Fax: (859) 260–8410. Email: jblackburn@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. What is the nature of the VER 

determination request? 

II. What legal requirements apply to this 

request? 

III. What information is available relevant to 

the basis for the request? 

IV. How will we process the request? 

V. How do I submit comments on the 

request? 

I. What is the nature of the VER 

determination request? 

On June 7, 2010, the law offices of 

Napier & Associates, P.S.C., submitted a 

request on behalf of Jack Smith, Jerry 

Smith and Leovie Smith, for a 

determination of VER to conduct surface 

coal mining operations on 

approximately 175 acres of land owned 

by the U.S. Forest Service within the 

Daniel Boone National Forest in Clay 

County, Kentucky. Jack Smith, et al. is 

seeking a determination of VER 

pursuant to the ‘‘good faith/all permits’’ 

standard in accordance with 30 CFR 

761.16(b)(2). 

II. What legal requirements apply to 

this request? 

Section 522(e)(2) of the Surface 

Mining Control and Reclamation Act of 

1977 (SMCRA or the Act), 30 U.S.C. 

1272(e)(2), prohibits surface coal mining 

operations on Federal lands within the 

boundaries of any national forest, with 

two exceptions. The first exception 

pertains to surface operations and 

impacts incidental to an underground 

coal mine. The second relates to surface 

operations on lands within national 

forests west of the 100th meridian. 

Neither of those exceptions applies to 

the request now under consideration. 

The introductory paragraph of section 

522(e) also provides two general 

exceptions to the prohibitions on 

surface coal mining operations in that 

section. Those exceptions apply to 

operations in existence on the date of 

enactment of the Act (August 3, 1977) 

and to land for which a person has VER. 

SMCRA does not define VER. We 

subsequently adopted regulations 

defining VER and clarifying that, for 

lands that come under the protection of 

30 CFR 761.11 and section 522(e) after 

the date of enactment of SMCRA, the 

applicable date is the date that the lands 

came under protection, not August 3, 

1977. 

On December 17, 1999 (64 FR 70766– 

70838), we adopted a revised definition 

of VER, established a process for 

submission and review of requests for 

VER determinations, and otherwise 

modified the regulations implementing 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices 53341 

section 522(e). At 30 CFR 761.16(a), we 

published a table clarifying which 

agency (OSM or the State regulatory 

authority) is responsible for making VER 

determinations and which definition 

(State or Federal) will apply. That table 

specifies that OSM is responsible for 

VER determinations for Federal lands 

within national forests and that the 

Federal VER definition in 30 CFR 761.5 

applies to those determinations. 

At 30 CFR 761.16(b) we published the 

information needed for OSM to make a 

determination of VER, which includes 

information required for a ‘‘property 

rights demonstration’’ in accordance 

with 30 CFR 761.16(b)(1) and the ‘‘good 

faith/all permits’’ standard in 

accordance with 30 CFR 761.16(b)(2) or 

the ‘‘needed for and adjacent’’ standard 

in accordance with 761.16(b)(3). 

Jack Smith, et. al. is seeking a VER 

determination pursuant to the ‘‘good 

faith/all permits’’ standard in 

accordance with 30 CFR 761.16(b)(2). 

This standard requires the applicant to 

show that it has obtained, or made a 

good faith effort to obtain, all permits 

and other authorizations required to 

conduct surface coal mining operations, 

before the land came under the 

protection of 30 CFR 761.11(b). 

III. What information is available 

relevant to the basis for the request? 

The following information has been 

submitted by Napier & Associates on 

behalf of Jack Smith, Jerry Smith and 

Leovie Smith: 

1. A legal description of the land to 

which the request pertains in the form 

of a deed dated June 6, 1951, deed book 

103, page 215, from Joe D. Smith and 

Mallie Smith, to A.C. Smith, Jack Smith, 

and Jerry Smith. 

2. Several deeds documenting the 

chain of title for the surface and mineral 

estates subject to the VER request, 

specifically a deed of Guardian dated 

December 7, 1961, deed book 120, page 

189, between Mallie Hyde, guardian of 

the estates of Jack and Jerry Smith, 

minors, the sellers, and A.C. Smith, the 

purchaser; a deed dated March 8, 1969, 

deed book 133, page 163, between A.C. 

Smith and Leovie Smith and Darby and 

Josephine Jackson; and a deed dated 

December 1, 1977, deed book 158, page 

457, between Darby and Josephine 

Jackson and the United States of 

America. 

3. A letter, dated February 19, 1969, 

from T.R. Frazier, District Ranger, to 

Ambrose C. Smith, regarding a land 

purchase option and contract. 

4. A request for a mineral report 

regarding Forest Service Tract 758 dated 

September 22, 1976. 

5. A mineral report and Tract map 

regarding U.S. Tract 758 on the DBNF 

dated March 2, 1977, in Clay County, 

Ky. 

6. A Land Purchase Option and 

Contract—Darby Jackson et. al. & USA 

dated April 20, 1977, for Tract 758 on 

the DBNF. 

7. A survey plat of Tract 758 dated 

August, 1977. 

8. A map for a strip and auger mine 

permit #09243–2 in the name of 

Mountain Clay, Inc., dated May 15, 

1970. 

9. A Ky. DNR Strip mining permit 

application, permit #3472–74, in the 

name of Mark IV Coal Co., Inc., dated 

October 30, 1974. 

10. A Ky. DNR permit #3472–74 to 

engage in strip mining of coal in the 

name of Mark IV Coal Co., Inc., effective 

November 12, 1974. 

11. A bond release map in the name 

of Mark IV Coal Co., Inc., permit #3472– 

74, dated April 17, 1978. 

12. Ky DNR Letter to USDA Forest 

Service dated December 20, 1978, 

indicating satisfactory reclamation on 

the Mark IV Coal Co. Permit #3472–74. 

IV. How will we process the request? 

We received the request on June 7, 

2010, and determined that it was 

administratively complete on June 17, 

2010. That review did not include an 

assessment of the technical or legal 

adequacy of the materials submitted 

with the request. 

The process by which we will further 

review the request is set out in 30 CFR 

761.16(d) and (e). As required by 30 

CFR 761.16(d)(1), we are publishing this 

notice to seek public comment on the 

merits of the request. A similar notice 

will also be published in a newspaper 

of general circulation in Clay County, 

Kentucky. 

After the close of the comment period, 

we will review the materials submitted 

with the request, all comments received 

in response to this and other notices, 

and any other relevant, reasonably 

available information to determine 

whether the record is sufficiently 

complete and adequate to support a 

decision on the merits of the request. If 

not, we will notify the requester, in 

writing, explaining the inadequacy of 

the record and requesting submittal, 

within a specified time, of any material 

needed to remedy the deficiency. 

Once the record is complete and 

adequate, we will determine whether 

the requester has demonstrated VER for 

the proposed surface coal mining 

operations. Our decision document will 

contain findings of fact and conclusions, 

along with an explanation of the reasons 

for our conclusions. We will publish a 

notice of the decision in the Federal 

Register and a newspaper of general 

circulation in Clay County, Kentucky. 

However, as provided in 30 CFR 

761.16(d)(1)(iv), we will not make a 

decision on the merits of the request, if, 

by the close of the comment period 

under this notice or the notice required 

by 30 CFR 761.16(d)(3), a person with 

a legal interest in the land to which the 

request pertains initiates appropriate 

legal action in the proper venue to 

resolve any differences concerning the 

validity or interpretation of the deed, 

lease, easement, or other documents that 

form the basis of the request. 

V. How do I submit comments on the 

request? 

We will make the VER determination 

request and associated materials 

available to you for review as prescribed 

in 30 CFR 842.16, except to the extent 

that the confidentiality provisions of 30 

CFR 773.6(d) apply. Subject to those 

restrictions, you may review a copy of 

the request for the VER determination 

and all comments received in response 

to this request at the Lexington Field 

Office (see ADDRESSES). Documents 

contained in the administrative record 

are available for public review at the 

Field Office during normal business 

hours, Monday through Friday, 

excluding holidays. 

Electronic or Written Comments 

If you wish to comment on the merits 

of the request for a VER determination, 

please send electronic or written 

comments to us at the addresses above 

(see ADDRESSES) by the close of the 

comment period (see DATES). Under 30 

CFR 761.16(d)(1)(vii), you may request a 

30-day extension of the comment 

period. Requests for extension of the 

public comment period must be 

submitted to the same addresses by the 

date indicated. 

If you submit comments by E-mail, 

please include your name and return 

address in your message. You may 

contact the Lexington Field Office at 

(859) 260–3900 if you wish to confirm 

receipt of your message. 

Public Availability of Comments 

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. 


srobinson on DSKHWCL6B1PROD with NOTICES
53342 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices 

Dated: June 30, 2010. 

Thomas D. Shope, 

Regional Director, Appalachian Region. 

[FR Doc. 2010–21645 Filed 8–30–10; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the Clean Water 

Act 

Notice is hereby given that on August 

25, 2010, a proposed Consent Decree 

(‘‘Consent Decree’’) in United States v. 

City of Revere, Massachusetts, Civil 

Action No. 1:10–cv–11460 was lodged 

with the United States District Court for 

the District of Massachusetts. 

In a complaint, filed simultaneously 

with the Decree, the United States 

alleges that the City of Revere, 

Massachusetts (‘‘City’’) violated Sections 

301 and 308 of the Clean Water Act, 33 

U.S.C. 1311 and 1318, as a result of 

unauthorized discharges of pollutants 

including raw sewage from the City’s 

sanitary sewer system and its separate 

storm sewer system, as well as a failure 

to report sanitary sewer overflows to the 

United States Environmental Protection 

Agency. The proposed Consent Decree 

resolves the United States’ claims for 

civil penalties and injunctive relief, as 

alleged in the complaint. Specifically, 

the proposed Consent Decree requires 

the City to implement remedial 

measures, including necessary upgrades 

to its sanitary sewer system and separate 

storm sewer system, over a period of 

approximately twelve years and at an 

estimated cost of approximately $50 

million. The Consent Decree also 

requires the City to pay a $130,000 civil 

penalty. 

The Department of Justice will 

receive, for a period of thirty (30) days 

from the date of this publication, 

comments relating to the Consent 

Decree. Comments should be addressed 

to the Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, United States 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. City of Revere, Massachusetts, 

D.J. Ref. 90–5–1–1–09299. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, One Courthouse Way, John 

Joseph Moakley Courthouse, Boston, 

Massachusetts 02210, and at U.S. EPA 

Region 1, Office of Regional Counsel, 5 

Post Office Square, Suite 100, Boston, 

Massachusetts 02109. During the public 

comment period, the Consent Decree 

may also be examined on the following 

Department of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Consent Decree may also be obtained by 

mail from the Consent Decree Library, 

P.O. Box 7611, U.S. Department of 

Justice, Washington, DC 20044–7611 or 

by faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

to cover the 25 cents per page 

reproduction costs in the amount of 

$16.25 (for Decree without appendix) or 

$71.75 (for Decree with appendix) 

payable to the U.S. Treasury or, if by email or fax, forward a check in that 

amount to the Consent Decree Library at 

the stated address. 

Maureen Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 2010–21569 Filed 8–30–10; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

[CPCLO Order No. 003–2010] 

Privacy Act of 1974; System of 

Records 

AGENCY: Federal Bureau of 

Investigation, Department of Justice. 

ACTION: Notice of a new system of 

records. 

SUMMARY: Pursuant to the Privacy Act of 

1974 (5 U.S.C. 552a), the United States 

Department of Justice (Department), 

Federal Bureau of Investigation (FBI), 

proposes to establish a new system of 

records, the Data Integration and 

Visualization System, JUSTICE/FBI– 

021, to support and enhance data 

search, integration, presentation, and 

storage capabilities in support of the 

FBI’s multifaceted mission. 

DATES: In accordance with 5 U.S.C. 

552a(e)(4) and (11), the public is given 

a 30-day period in which to comment. 

Therefore, please submit any comments 

by September 30, 2010. 

ADDRESSES: The public, OMB, and 

Congress are invited to submit any 

comments to the Department of Justice, 

Attn: Privacy Analyst, Office of Privacy 

and Civil Liberties, U.S. Department of 

Justice, National Place Building, 1331 

Pennsylvania Ave, NW., Suite 940, 

Washington, DC 20530–0001, or by 

facsimile at 202–307–0693. 

FOR FURTHER INFORMATION CONTACT: Erin 

Page, Assistant General Counsel, 

Privacy and Civil Liberties Unit, Office 

of the General Counsel, FBI, 

Washington, DC 20535–0001, telephone 

202–324–3000. 

SUPPLEMENTARY INFORMATION: Threats 

from terrorism, espionage, cyber attacks 

and more traditional crimes continue to 

jeopardize the well-being of our nation 

and its citizens while criminals 

continue to find new and inventive 

ways to carry out their reprehensible 

activities. To stay ahead of the threats 

the FBI continually searches for ways to 

more effectively understand the danger 

posed by those who threaten harm. The 

FBI has available a number of lawfully 

collected databases that allow it to 

conduct investigations and analyze 

intelligence for this purpose. 

Historically, FBI personnel searched 

individual databases to extract relevant 

information and then compared the 

extract to other available information in 

order to form a more complete and 

accurate threat picture. This was a timeconsuming process and led to possible 

gaps in the collated information. 

Continued threats to the national 

security of the United States and 

criminal events have strengthened the 

FBI’s resolve to develop more efficient 

methods to analyze FBI data. The Data 

Integration and Visualization System, 

DIVS, will allow authorized system 

users to more effectively search, 

integrate, display, maintain, and record 

relevant information in support of the 

FBI’s multifaceted mission. DIVS will 

provide users with the ability to 

simultaneously conduct searches across 

several databases, extract information, 

and present the integrated results in a 

format that the user may sort and 

display in various modes. In order to do 

this, DIVS will contain replications of 

some databases while providing the 

ability to perform federated queries 

across other databases. DIVS will allow 

users to save their queries as well as 

create a separate record of relevant 

identifiers and information. One of the 

results of DIVS will be a new set of 

records that offers an enhanced view of 

information already contained in FBI 

holdings. 

DIVS will provide a single user 

interface that incorporates the rules of 

behavior for FBI information systems, 

tools to ensure access controls based on 

roles and data attributes, entity 

resolution and appropriate metadata 

tagging. These tools will help ensure 

data accuracy and reliability. 

To enhance the flexibility of the 

system, DIVS includes a variety of 

routine uses that the FBI has used 

successfully in sharing information from 

its other record systems. The FBI will 


srobinson on DSKHWCL6B1PROD with NOTICES