Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices 53339 

may be a recreational vehicle (RV), 

camper, or vehicle with a camp trailer. 

No more than eight people are allowed 

per site. 

b. Double campsites 1, 3, and 6 can 

accommodate no more than four 

vehicles, only two of which may be an 

RV, camper, or vehicle with a camp 

trailer. No more than 16 people are 

allowed per double campsite. For all 

double campsites, the standard campsite 

fee must be doubled. 

c. All camping is subject to a 5-day 

stay limit. 

d. The campsite may only be 

occupied nightly by registered parties. 

e. Horses must be kept outside the 

recreation site and campground. All 

pets must be on a leash not longer than 

6 feet and secured to a fixed object or 

under the control of a person, or 

otherwise physically restricted at all 

times. 

f. You must keep and leave your camp 

clean. Do not throw trash into the river, 

fire rings, or vault toilets. 

g. Fires must be fully contained in a 

metal fire grate, fire pan, or other metal 

device to contain ashes. 

h. Do not damage buildings, signs, 

trees, vegetation or other facilities. 

i. Visitors must obey quiet hours from 

10 p.m. until 7 a.m. Do not use 

generators, radios, or other noisy 

devices during quiet hours. 

j. Overnight visitors must return to the 

campground by 10 p.m. The entrance 

gate will be locked from 10 p.m. until 

7 a.m. to prevent non-campers from 

entering. 

k. You must not enter Kelly Island 

Campground via an OHV. Do not 

remove OHVs from trailers at Kelly 

Island Campground. 

12. Other Use Authorizations 

You must not violate any terms, 

conditions or stipulations of any permit 

or other authorization issued for special 

use of these public lands. 

Exceptions 

The prohibition on the use of firearms 

in rule 1(a) does not prohibit hunting by 

licensed hunters in legitimate pursuit of 

wild game during the proper season 

with appropriate firearms, as permitted 

by Idaho Department of Fish and Game, 

within all developed recreation site 

boundaries after October 1. 

Hunting is prohibited within the 

Kelly Island Campground boundaries 

until the campground is closed for the 

season (closure timeframe varies), after 

which hunting by licensed hunters in 

legitimate pursuit of wild game is 

permitted within the boundaries. The 

gate must be closed and locked for the 

season before hunting (by foot) is 

permitted within the Kelly Island 

Campground boundaries. Campground 

closure will be advertised at the Eastern 

Idaho Visitor Center, the BLM Upper 

Snake Field Office, and at the following 

BLM recreation Web site: (http:// 

www.blm.gov/id/st/en/fo/upper_snake/ 

recreation_sites_html). 

Definitions: For the purpose of these 

supplementary rules, the following 

definitions apply unless modified 

within a specific part or regulation: 

Camping means erecting a tent or a 

shelter of natural or synthetic materials, 

preparing a sleeping bag or other 

bedding material for use, or parking a 

motor vehicle, motor home, or trailer for 

the purpose or apparent purpose of 

overnight occupancy. 

Designated campsite means a specific 

location identified by the BLM for 

camping. Designated campsites could 

include individual sites in developed 

campgrounds and developed recreation 

sites for camping that may or may not 

contain picnic tables, shelters, parking 

sites, and/or grills. All designated 

campsites are identified by a BLM map 

or sign. 

Developed recreational site means any 

site or area that contains structures or 

capital improvements primarily used by 

the public for recreation purposes. Such 

areas or sites may include: delineated 

spaces or areas for parking, camping or 

boat launching; sanitation facilities; 

potable water; grills or fire rings; tables; 

or controlled access. 

Off-highway vehicle (OHV) means any 

motorized vehicle capable of or 

designated for travel on or immediately 

over land, water, or other natural 

terrain, excluding: (1) Any nonamphibious registered motorboat; (2) 

any military, fire, emergency, or law 

enforcement vehicle while being used 

for emergency purposes; (3) any vehicle 

whose use is expressly authorized by 

the authorized officer, or otherwise 

officially approved; (4) vehicles in 

official use; and (5) any combat or 

combat-support vehicle when used in 

times of national defense emergencies. 

Penalties: Under section 303(a) of the 

Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1733(a)) and 43 

CFR 8360.0–7, any person who violates 

any of these supplementary rules may 

be tried before a United States 

Magistrate and fined up to $1,000 or 

imprisoned for no more than 12 months. 

Such violations may also be subject to 

the enhanced fines provided for by 18 

U.S.C. 3571. 

Peter J. Ditton, 

Acting Idaho BLM State Director. 

[FR Doc. 2010–21720 Filed 8–30–10; 8:45 am] 

BILLING CODE 4310–GG–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLUTG02000.L14300000. FR0000.241A.00; 

UTU–83290] 

Notice of Realty Action; Recreation 

and Public Purposes Act Classification 

for Conveyance of Public Land in 

Emery County, UT 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of Realty Action. 

SUMMARY: The Bureau of Land 

Management (BLM) has examined and 

found suitable for classification for 

conveyance to Emery County under the 

provisions of the Recreation and Public 

Purposes (R&PP) Act, as amended, a 

parcel of public land in Emery County, 

Utah. Emery County proposes to expand 

their existing landfill. 

DATES: Interested parties may submit 

written comments regarding this 

classification for conveyance of public 

land until October 15, 2010. 

ADDRESSES: Comments may be 

submitted to the Bureau of Land 

Management, Price Field Office, 125 

South 600 West, Price, Utah 84501 or 

via e-mail: UT_PR_Comments@blm.gov. 

Please reference ‘‘Conveyance of Federal 

Land to Emery County for Expansion of 

an Existing Landfill’’ on all 

correspondence. 

FOR FURTHER INFORMATION CONTACT: 

Connie Leschin, BLM Price Field Office 

at (435) 636–3610 or by e-mail at 

Connie_Leschin@blm.gov. 

SUPPLEMENTARY INFORMATION: The BLM 

has examined and found the following 

described public land suitable for 

classification and conveyance under the 

provisions of the R&PP Act, as amended 

(43 U.S.C. 869 et seq.), and 43 CFR part 

2740: 

Salt Lake Meridian 

T. 18 S., R. 8 E., 

Sec. 9, SE1⁄4;. 

The area described contains 160 acres in 

Emery County. 

The land is not needed for any 

Federal purpose. The classification is 

consistent with the BLM Price Resource 

Management Plan, Lands and Realty 

Decision LAR–11, dated October 31, 

2008, and is in the public interest. An 

environmental assessment has been 

prepared that analyzes the Emery 

County application and proposed plans 

of development and management. A 

conveyance would be subject to the 

provisions of the R&PP Act, applicable 

regulations of the Secretary of the 

Interior, including, but not limited to 43 


srobinson on DSKHWCL6B1PROD with NOTICES
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