[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Notices]
[Pages 70186-70187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24389]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLWY921000, L71220000.EU0000, LVTFK2099100 WYW-184983]


Notice of Intent/Notice of Realty Action: Proposed Resource 
Management Plan Amendment and Non-Competitive Direct Sale of Public 
Land in Johnson County, Wyoming

AGENCY: Bureau of Land Management.

ACTION: Notice of intent; notice of Realty Action.

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SUMMARY: The Bureau of Land Management (BLM) proposes to amend the 
September 22, 2015, Buffalo Resource Management Plan (RMP) and prepare 
an associated Environmental Assessment (EA) to identify and allow the 
non-competitive (direct) sale of 1.13 acres of public lands in Johnson 
County, Wyoming, to William D. and Bonnie S. Ross. The purpose of the 
sale would be to resolve an inadvertent unauthorized use of public 
lands. The sale would be for no less than the appraised fair market 
value of $555. The sale is subject to the applicable provisions of 
Sections 203 of the Federal Land Policy and Management Act of 1976 
(FLPMA), as amended, and the BLM land conveyance regulations. Section 
203 of FLPMA requires the parcel to meet disposal criteria for sales in 
Section 202 of FLPMA, and specifically requires the BLM to identify 
parcels for disposal within the RMP or amend the RMP to establish the 
disposal criteria in order to dispose of the parcel.

DATES: Interested parties may submit comments regarding the proposed 
RMP amendment, classification of the land for disposal and the proposed 
direct sale by December 21, 2020.

ADDRESSES: Written comments concerning this plan amendment and direct 
sale may be submitted by mail to Field Manager, BLM, Buffalo Field 
Office, 1425 Fort St., Buffalo, Wyoming 82834 or electronically on 
BLM's ePlanning website, https://go.usa.gov/xdFUQ.

FOR FURTHER INFORMATION CONTACT: Denise Oliverius, Realty Specialist, 
BLM, Buffalo Field Office by phone at 307-684-1178 or by email at 
[email protected]. Persons who use a

[[Page 70187]]

telecommunications device for the deaf may call the Federal Relay 
Service (FRS) at 1-800-877-8339. The FRS is available 24 hours a day, 
seven days a week, to leave a message or question with the above 
individual. You will receive a reply during normal business hours. 
Project information will also be available on the BLM's ePlanning 
website: https://go.usa.gov/xdFUQ.

SUPPLEMENTARY INFORMATION: In the 1960s, local landowners 
misinterpreted the boundaries of their private property and 
inadvertently built a home site that encroached onto public land. The 
BLM proposes to segregate the affected land, amend the relevant RMP, 
and offer the land for direct sale to resolve the issue. The BLM will 
examine the following described public lands located in Johnson, 
County, Wyoming, for disposal suitability under the authority of 
Sections 202 and 203 of FLPMA:

Sixth Principal Meridian, Wyoming

T. 44 N., R. 81 W.,
    Sec. 30, parcel A.

    The area described contains 1.13 acres.

    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) on November 4, 2022, 
unless extended by the BLM Wyoming 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 as a result of approved 
land use planning if the sale of the tract meets the disposal criteria. 
The 2015 Buffalo RMP does not identify the 1.13 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 planning. If authorized, the underlying decision will amend 
the Buffalo 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 RMP amendment 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 1.13-acre parcel to 
William D. and Bonnie S. Ross for the fair market value of at least 
$555 to resolve the inadvertent unauthorized use 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 lands 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 an 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 Buffalo 
Bulletin newspaper once a week for three consecutive weeks. Comments 
will be accepted as discussed in the ADDRESSES section above.
    Before including your address, phone number, email address, or 
other personally identifying information (PII) in your comment, you 
should be aware that your entire comment--including your PII--may be 
made publicly available at any time. While you can ask us in your 
comment to withhold your PII from public review, we cannot guarantee 
that we will be able to do so. Comments, including names and street 
addresses of respondents, will be available for public review at the 
BLM Buffalo Field Office during regular business hours, except 
holidays.
    Any adverse comments regarding the sale will be reviewed by the BLM 
Wyoming 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 become the final determination of the Department of the 
Interior.

(Authority: 43 CFR 2711)

Kimber Liebhauser,
Acting State Director, Wyoming.
[FR Doc. 2020-24389 Filed 11-3-20; 8:45 am]
BILLING CODE 4310-22-P