[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Notices]
[Pages 43114-43115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17848]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLES002000.L1430000.ES0000; FLES 057504-01]


Notice of Realty Action for Lease and Conveyance of Public Land 
in Volusia County, Florida

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Land Management (BLM) has examined and found 
suitable for lease and conveyance to the County of Volusia, Coastal 
Division, under the provisions of the Recreation and Public Purposes 
(R&PP) Act and the Taylor Grazing Act, approximately 75 acres of public 
land on Ponce de Leon Inlet, New Smyrna Beach, Volusia County, Florida.

DATES: Interested parties may submit written comments regarding this 
proposed classification for lease/conveyance of public land until 
September 6, 2012.

ADDRESSES: Please submit your written comments to the Field Manager, 
Bureau of Land Management--Eastern States (BLM-ES), Southeastern States 
Field Office, 411 Briarwood Drive, Suite 404, Jackson, Mississippi 
39206. Comments received in electronic form such as email or facsimile 
will not be considered.

FOR FURTHER INFORMATION CONTACT: Vicky Craft, BLM-ES Southeastern 
States Field Office, at 601-977-5435, or at the address above. Persons 
who use a telecommunications device for the deaf (TDD) may call the 
Federal Information Relay Service (FIRS) at 1-800-877-8339 to contact 
the above individual. The FIRS is available 24 hours a day, 7 days a 
week, to leave a message or question for the above individual. You will 
receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION: The Secretary of the Interior is authorized 
to lease or convey certain public lands to State and local governmental 
agencies and to nonprofit corporations and associations for recreation 
and public purposes under the R&PP Act of June 14, 1926 (43 U.S.C. 
869). Applicable authorities include: Policies pertaining to the BLM's 
implementation of the R&PP Act (43 CFR 2740.0-6); lands subject to 
disposition (43 CFR 2741.1); and the guidelines for lease and 
conveyance (43 CFR 2741.5) under the Act. Additionally, the Taylor 
Grazing Act of 1934 (43 U.S.C 315f), as amended is the authority for 
classification of lands. Executive Order No. 6964 withdrew public lands 
in 12 states, including Florida. In accordance with the above-cited 
authorities, the following described public land in Volusia County, 
Florida, has been examined and found suitable for classification for 
lease and/or conveyance:

Tallahassee Meridian

T. 16 S., R. 34 E.,
    Sec. 32, lot 1;
    Sec. 33, lot 1.

    Except that portion used for the United States Coast Guard (USCG) 
Station Ponce de Leon Inlet, and that portion used by National 
Aeronautics and Space Administration (NASA) pursuant to USCG license. 
More particularly described as: All that land in Sections 32 and 33, T. 
16 S., R. 34 E. bounded on the South by township line 16 South, on the 
east, north and west by the mean high water lines of the Atlantic 
Ocean, the Inlet, and the Hillsboro River Respectively. Beginning at a 
point where the township line between Section 32, Township 16 South, 
Range 34 East, and Section 5, Township 17 South, Range 34 East, 
intersects the East shoreline of Hillsboro River or Indian River North; 
thence due East on said township line 700 ft. to a stake; thence South 
45 degrees East 625 feet to a stake; thence due West parallel with said 
township line 700 ft. to the shoreline of said Hillsboro River or 
Indian River North; thence Northwesterly along shoreline of 
Hillsborough River or Indian River North to Point of Beginning. The 
area described contains approximately 75 acres in Volusia County.
    The land is located on the north end of New Smyrna Beach and south 
of the inlet along the Atlantic Ocean shoreline. The land is currently 
withdrawn on behalf of the USCG for Coast Guard purposes by Executive 
Order No. 4084, dated October 10, 1924, and previously reserved for 
lighthouse purposes by Executive Order dated July 25, 1842. Written 
consent obtained from the USCG Commander allows these lands to be 
available for lease and/or conveyance under the R&PP Act. The proposed 
site for lease and/or conveyance would provide the necessary land to 
maintain

[[Page 43115]]

and expand operation of the Smyrna Dunes Park. The park is currently 
used by Volusia and surrounding county residents for recreation 
compatible with the preservation of its resources. Such recreational 
use includes nature study, bird watching, hiking and fishing. On-site 
facilities include parking, restrooms, boardwalks, picnic pavilion, and 
an office.
    Lease of the land to the County is consistent with the BLM Florida 
Resource Management Plan, dated June 21, 1995, and would be in the 
public interest. Additional detailed information pertaining to this 
application, including a plan of development, a map depicting the 
public land, and the management plan are available for review at the 
BLM-ES Southeastern States Field Office at the address above.
    The County has not applied for more than the 6,400-acre limit for 
recreation uses in one year, and has submitted a statement describing 
the proposed use of the land in compliance with 43 CFR 2741.4, which 
stipulates lease application procedures.
    If issued to the County, the lease or patent would be subject to 
the following terms, conditions and reservations to the United States:
    1. Provisions of the R&PP Act of 1926, as amended, and all 
applicable regulations of the Secretary of the Interior, including, but 
not limited to, those patent provisions as noted in 43 CFR 2741.9;
    2. Valid existing rights;
    3. A reservation of all minerals by the United States, together 
with the right to prospect, mine and remove the minerals;
    4. Terms and conditions identified through the site-specific 
environmental analysis;
    5. Any other rights or reservations that the authorized officer 
deems appropriate to ensure public access and proper management of 
Federal land and interest therein; and
    6. An appropriate indemnification clause protecting the United 
States from claims arising out of the lessee/patentee's use, occupancy, 
or operations on the leased/patented lands.
    The land described above remains segregated from all other forms of 
disposal or appropriation under the public land laws, including the 
United States mining laws, except for leasing under the mineral leasing 
laws and conveyance under the R&PP Act.
    Classification Comments: Interested persons may submit comments 
involving the suitability of the land for a public park. Comments on 
the classification are restricted to whether (1) The land is physically 
suited for the proposal; (2) The use will maximize the future use or 
uses of the land; (3) The use is consistent with local planning and 
zoning; or (4) The use is consistent with State and Federal programs.
    Application Comments: Interested persons may submit comments 
regarding the specific use proposed in the application and plan of 
development and the management plan, whether the BLM followed proper 
administrative procedures in reaching the decision to lease and later 
convey under the R&PP Act, or any other factor not directly related to 
the suitability of the land for R&PP use.
    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 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 reviewed by the BLM-ES State Director. 
In the absence of any adverse comments, the classification of the land 
described in the notice will not become effective until September 21, 
2012. The land will not be leased or conveyed until after the 
classification becomes effective.

    Authority:  43 CFR subpart 2741, 43 U.S.C. 869 et seq.

Bruce E. Dawson,
Southeastern States Field Office Manager.
[FR Doc. 2012-17848 Filed 7-20-12; 8:45 am]
BILLING CODE 4310-GJ-P