[Federal Register Volume 74, Number 155 (Thursday, August 13, 2009)]
[Notices]
[Pages 40842-40843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19415]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLMTC02200-L14300000-EQ0000; MTM-74913]


Notice of Realty Action; Proposed Amendment to Noncompetitive 
Land Use Lease; Montana

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action and request for public comment.

-----------------------------------------------------------------------

SUMMARY: On March 6, 2009, the Bureau of Land Management (BLM) received 
a proposal from Spring Creek Coal Company to amend their existing land 
use lease, MTM-74913. The BLM is hereby notifying any interested 
parties of the proposal to amend land use lease MTM-74913 and is 
accepting comments on the proposed land use lease amendment.

DATES: Interested parties may submit comments on or before September 
28, 2009.

ADDRESSES: Written comments should be sent to the Field Manager, Miles 
City Field Office, Bureau of Land Management, 111 Garryowen Road, Miles 
City, Montana 59301. Comments received in electronic form, such as e-
mail or facsimile, will not be considered.

FOR FURTHER INFORMATION CONTACT: Information regarding the proposed 
land use lease amendment and proposed land use may be reviewed at the 
BLM Miles City Field Office address listed in ADDRESSES above during 
regular business hours, 7:45 a.m. to 4:30 p.m., Monday through Friday, 
except Federal holidays. For this and additional information contact 
Pam Wall, BLM Miles City Field Office, Miles City, Montana 59301, 
telephone 406-233-2846.

SUPPLEMENTARY INFORMATION: The following described land, associated 
with the proposed amendment, has been examined and identified as 
suitable for leasing under section 302 of the Federal Land Policy and 
Management Act (43 U.S.C. 1732) at not less than fair market value:

Principal Meridian, Montana

T. 8 S., R. 39 E.,
    Sec. 35, NE\1/4\NE\1/4\, SE\1/4\NE\1/4\, E\1/2\NW\1/4\NE\1/4\, 
E\1/2\W\1/2\NW\1/4\NE\1/4\, NW\1/4\NW\1/4\NW\1/4\NE\1/4\, NE\1/
4\SW\1/4\NE\1/4\, NE\1/4\SE\1/4\SW\1/4\NE\1/4\, E\1/2\NE\1/4\SE\1/
4\, E\1/2\NW\1/4\NE\1/4\SE\1/4\, and NE\1/4\SE\1/4\SE\1/4\.
T. 9 S., R. 40 E.,
    Sec. 6, lot 5.

    The area described contains 197.12 acres, more or less, in Big 
Horn County.

    The BLM is hereby notifying any interested parties of the proposal 
to amend land use lease MTM-74913 and is accepting comments on the 
proposed land use lease amendment.
    Spring Creek Coal Company's existing land use lease MTM-74913, 
which was issued under the authority of section 302 of the Federal Land 
Policy and Management Act (43 U.S.C. 1732), may be amended to authorize 
the surface use of 197.12 acres of public land for coal mine layback, a 
flood control structure, topsoil and overburden stockpiles, and 
transportation and utility line corridors in order to facilitate the 
full recovery of coal reserves from their adjoining Federal Coal Lease 
MTM-94378, Montana State Coal Lease C-1088-05, and for Spring Creek's 
pending Coal Lease Modification MTM-069782. The layback is a critical 
component in coal strip mine recovery which consists of a series of 
benches cut into the mine highwall to stabilize the wall as mining 
progresses into an area. The lands adjacent to a coal lease need to be 
disturbed during normal mining operations to completely and safely 
remove the coal within the lease boundary. The flood control structure

[[Page 40843]]

consists of a reservoir sized at approximately 159 acre feet, to 
contain a 100-year, 24-hour flood event associated with the Pearson 
Creek drainage. This reservoir is needed to prevent saturation and 
potential failure of the highwall and/or flooding into the pit which 
would not only slow or stop coal production but expose mine personnel 
to a health and safety hazard. The topsoil stripped from the coal 
leases would be stockpiled on the subject lands to be used in 
reclamation after mining. The overburden removed from the pit would 
also be stockpiled on the subject lands to be used in post-mining 
topography construction. An electric line and distribution station 
would be located within the use area to keep it safely away from the 
pit and grading activity and buffered by the access/haul roads which 
will be used in the mining process and to service the stockpiles.
    The proposed land use lease amendment consists of 160 acres in the 
E\1/2\ of section 35, T. 8 S., R. 39 E., and 37.12 acres in lot 5 of 
section 6, T. 9 S., R. 40 E. The total disturbed area in section 35 is 
estimated to be 108.90 acres with the remaining 51.10 acres receiving a 
10 percent usage. The total disturbed area in section 6 is estimated to 
be 21.20 acres with the remaining 15.92 acres receiving a 10 percent 
usage.
    The subject land could be offered noncompetitively to Spring Creek 
Coal Company as an amendment to their existing Land Use Lease MTM-74913 
for stockpiling of topsoil and overburden, construction of a haul road, 
and for drainage control, for their current coal mining operation. The 
proposed land use lease amendment, which would be authorized under the 
authority of section 302 of the Federal Land Policy and Management Act 
(43 U.S.C. 1732) and pursuant to regulations found at 43 CFR 2920, 
would provide authorized surface use only of the public land and would 
be subject to the terms and conditions of the existing lease. No 
mineral use would be authorized under this land use lease amendment, 
however Spring Creek Coal Company has applied for a modification of 
coal lease MTM-069782 which is being processed concurrently (under 
regulations found at 43 CFR 3432) with the land use lease amendment.
    The application will be accepted for this land use lease amendment 
at the address listed above at the end of the 45 day comment period for 
this notice. The application will be subject to reimbursement of costs 
in accordance with the provisions of 43 CFR 2920.6. The land would be 
leased at fair market value as determined by appraisal and as provided 
for at 43 CFR 2920.8. The application must include a reference to this 
notice and a complete description of the proposed project. An 
environmental analysis will be completed addressing this proposed land 
use lease amendment, along with the proposed coal lease modification, 
after publication of this notice and comment period. A National 
Environmental Policy Act analysis will be completed prior to any 
decision by the BLM to approve the proposed application for a land use 
lease amendment and coal lease modification.
    Public Comment Procedures: Please submit your comments on issues 
related to the proposed action, in writing, according to the ADDRESSES 
section above. Comments on the proposed action should be specific, 
should be confined to issues pertinent to the proposed action, and 
should explain the reason for any recommended change. Where possible, 
your comments should reference the specific section or paragraph of the 
proposal that you are addressing. The BLM may not necessarily consider 
or include in the Administrative Record comments that the BLM receives 
after the close of the comment period (see DATES) or comments delivered 
to an address other than those listed above (see ADDRESSES).
    Comments, including names and street addresses of respondents, will 
be available for public review at the BLM Miles City Field Office 
address listed in ADDRESSES above during regular business hours, 7:45 
a.m. to 4:30 p.m., Monday through Friday, except Federal holidays. 
Before including your address, phone number, e-mail address, or other 
personal identifying information in your comments, be advised 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.
    Any adverse comments will be evaluated by the BLM Montana State 
Director, who may sustain, vacate or modify this realty action. In the 
absence of timely filed objections, this realty action will become the 
final determination of the Department of the Interior.

    Authority:  43 CFR 2920.4(c).

M. Elaine Raper,
Field Office Manager.
[FR Doc. E9-19415 Filed 8-12-09; 8:45 am]
BILLING CODE 4310-DN-P