[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Notices]
[Pages 42739-42741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14045]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[BLM_ES_FRN_MO4500172068]


Notice of Intent To Amend the Resource Management Plan and 
Prepare an Associated Environmental Assessment; Notice of Realty 
Action: Proposed Sale of Public Lands in Simpson County, MS

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of intent; notice of realty action.

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SUMMARY: In compliance with the National Environmental Policy Act of 
1969, as amended (NEPA), and the Federal Land Policy and Management Act 
of 1976, as amended (FLPMA), the Bureau of Land Management (BLM) 
Eastern States State Director intends to prepare a resource management 
plan (RMP) amendment with an associated environmental assessment (EA) 
for the non-competitive direct sale of public land in Simpson County, 
Mississippi, and by this notice is announcing the beginning of the 
scoping period to solicit public comments and identify issues, 
providing the planning criteria for public review, and announcing a 
comment period on the proposed realty action offering for sale a tract 
of public land.

DATES: The BLM requests that the public submit comments concerning the 
scope of the analysis, potential alternatives, and identification of 
relevant information and studies by August 17, 2023. To afford the BLM 
the opportunity to consider issues raised by commenters in the Draft 
RMP Amendment and EA, please ensure your comments are received prior to 
the close of the 45-day scoping period or 15 days after the last public 
meeting, whichever is later.

ADDRESSES: You may submit comments on issues and planning criteria 
related to the Proposed RMP Amendment and Non-Competitive Direct Sale 
of Public Land in Simpson County, Mississippi, by any of the following 
methods:
     Website: https://eplanning.blm.gov/eplanning-ui/project/2016717/510.
     Mail: ATTN: Mississippi Tract 37, Southeastern States 
District Office, 273 Market Street, Flowood, MS 39232.
    Documents pertinent to this proposal may be examined online at 
https://eplanning.blm.gov/eplanning-ui/project/2016717/510 and at the 
Southeastern States District Office.

FOR FURTHER INFORMATION CONTACT: Vicki Craft, Realty Specialist, 
telephone (601) 317-6971; address Southeastern States District Office, 
273 Market Street, Flowood, MS 39232; email [email protected]. Contact Ms. 
Craft to have your name added to our mailing list. Individuals in the 
United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: This document provides notice that the BLM 
Eastern States State Director intends to prepare an RMP amendment with 
an associated EA for the non-competitive direct sale of public land in 
Simpson County, Mississippi, announces the beginning of the scoping 
process, and seeks public input on issues and planning criteria. The 
RMP amendment is being considered to allow the BLM to evaluate the 
disposal of 12.3 acres of public land to Dempsey Sullivan, which would 
require amending the existing 2009 Mississippi RMP. The direct sale is 
subject to the applicable provisions of section 203 of FLPMA and BLM 
land-sale regulations at 43 CFR 2710. Publication of this notice in the 
Federal Register also segregates the subject land from all forms of 
appropriation under the public land laws, including the general mining 
laws, and from the mineral leasing and geothermal leasing laws, except 
for the sale provisions of FLPMA.
    The planning area is in Simpson County, Mississippi, and 
encompasses approximately 12.3 acres of public land.
    The scope of this land use planning process does not include 
addressing the evaluation or designation of areas of critical 
environmental concern (ACECs), and the BLM is not considering ACEC 
nominations as part of this process.

Purpose and Need

    The need of the proposed action is to resolve an inadvertent, 
unauthorized use on public lands that were omitted from an official 
Federal survey in the early 1800's in Simpson County, Mississippi. The 
purpose for the proposed action is to transfer from Federal ownership 
the small parcel of land that is logistically and economically 
difficult to manage (FLPMA, 43 U.S.C. 1713(a)(1)). The BLM needs to 
amend the 2009 Mississippi RMP because section 203 of FLPMA 
specifically requires that land made available for disposal under the 
sale authority be clearly identified in the relevant land use plan. The 
BLM proposes to amend the 2009 Mississippi RMP to identify the tract as 
available for disposal through sale.

Preliminary Alternatives

    The RMP identifies parcels suitable for disposal, and the subject 
land is not currently listed as available for disposal. The BLM will 
analyze the suitability for disposal of the 12.3 acres per the criteria 
listed in FLPMA section 203(a). The RMP amendment would allow for the 
land to be sold if it is found suitable for disposal.
    The BLM is considering a direct sale of the following described 
land:

St. Stephens Meridian, Mississippi

T. 9 N., R. 17 W., Tract 37.

    The area described contains 12.3 acres, according to the official 
plat of the survey of the said land on file with the BLM.
    The conveyance document, if issued, will contain the following 
terms, covenants, conditions, and reservations:
    1. All the mineral deposits in the land so patented pursuant to 
FLPMA (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,

[[Page 42740]]

licensees, lessees, and mining claimants, the right to prospect for, 
mine, and remove the minerals owned by the United States under 
applicable law and 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.
    2. An appropriate indemnification clause protecting the United 
States from claims arising out of the patentee's use, occupancy, or 
operations on the patented land.
    The No Action Alternative would not amend the 2009 Mississippi RMP 
to allow for the disposal of Tract 37. Tract 37 would be retained in 
Federal ownership and the BLM would continue to manage the small, 
isolated tract.
    The BLM welcomes comments on all preliminary alternatives as well 
as suggestions for additional alternatives.

Planning Criteria

    The planning criteria guide the planning effort and lay the 
groundwork for effects analysis by identifying the preliminary issues 
and their analytical frameworks. Preliminary issues for the planning 
area have been identified by BLM personnel and from early engagement 
conducted for this planning effort with Federal, State, and local 
agencies; Tribes; and stakeholders. The BLM has identified two 
preliminary issues for this planning effort's analysis:
    (1) How would lands and realty be impacted by or impact the 
proposed sale?
    (2) How would the proposed sale impact opportunities for public 
recreation and hunting?

Public Scoping Process

    This notice of intent initiates the scoping period and public 
review of the planning criteria, which guide the development and 
analysis of the RMP Amendment and EA.
    The BLM does not intend to hold any public meetings, in-person or 
virtual, during the public scoping period. Should the BLM later 
determine to hold public meetings, the specific date(s) and location(s) 
of any meeting will be announced at least 15 days in advance through 
announcements in the Magee Courier and the Mt. Olive Tribune newspapers 
as well as on the BLM Eastern States' Facebook page.

Sale Notifications

    The segregation will terminate upon issuance of a conveyance or 
July 3, 2025, whichever occurs first. The BLM is no longer accepting 
land-use applications affecting the subject public land, except 
applications to amend previously filed right-of-way applications or 
existing authorizations to increase grant terms in accordance with 43 
CFR 2807.15 and 43 CFR 2886.15.
    The notification of the proposed RMP amendment and EA and, if 
applicable, signed finding of no significant impact (FONSI) would begin 
a 30-day protest period subject to BLM Manual Section 2711.1 step 4(d) 
on the land-sale decision. The BLM Eastern States State Director will 
review all protests and may sustain, vacate, or modify the RMP 
amendment and land sale, in whole or in part. In the absence of any 
protests and FONSI, the BLM may select the approved RMP amendment 
alternative and prepare a decision record which would document the 
final determination of the Department of the Interior for the land 
sale.
    In addition to publication of this notice in the Federal Register, 
the BLM will publish this notice in the Magee Courier and the Mt. Olive 
Tribune newspapers once a week for three consecutive weeks. Any other 
subsequent notices related to the RMP amendment and land sale may also 
be published in the Magee Courier and the Mt. Olive Tribune newspapers.

Interdisciplinary Team

    The BLM will use an interdisciplinary approach to develop the plan 
to consider the variety of resource issues and concerns identified. 
Specialists with expertise in the following disciplines will be 
involved in this planning effort: outdoor recreation, archaeology, 
wildlife, lands and realty, soils, vegetation, sociology, and 
economics.

Additional Information

    The BLM will identify, analyze, and consider mitigation to address 
the reasonably foreseeable impacts to resources from the proposed plan 
amendment and all analyzed reasonable alternatives and, in accordance 
with 40 CFR 1502.14(e), include appropriate mitigation measures not 
already included in the proposed plan amendment or alternatives. 
Mitigation may include avoidance, minimization, rectification, 
reduction or elimination over time, and compensation; it may also be 
considered at multiple scales, including the landscape scale.
    The BLM will utilize and coordinate the NEPA and land use planning 
processes for this planning effort to help support compliance with 
applicable procedural requirements under the Endangered Species Act (16 
U.S.C. 1536), and section 106 of the National Historic Preservation Act 
(54 U.S.C. 306108) as provided in 36 CFR 800.2(d)(3), including public 
involvement requirements of section 106. The information about historic 
and cultural resources and threatened and endangered species within the 
area potentially affected by the proposed plan will assist the BLM in 
identifying and evaluating impacts to such resources.
    The BLM will consult with Tribal Nations on a government-to-
government basis in accordance with Executive Order 13175, BLM Manual 
Section 1780, and other Departmental policies. The BLM will send 
invitations to potentially affected Tribal Nations prior to 
consultation meetings. The BLM will provide additional opportunities 
for government-to-government consultation during the NEPA process. 
Tribal concerns, including impacts on Indian trust assets and potential 
impacts to cultural resources, will be given due consideration. 
Federal, State, and local agencies, along with Tribal Nations and 
stakeholders that may be interested in or affected by the Proposed RMP 
Amendment and Non-Competitive Direct Sale of Public Land in Simpson 
County, Mississippi, are invited to participate in the scoping process 
and, if eligible, may request or be requested by the BLM to participate 
in the development of the environmental analysis as a cooperating 
agency.
    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 us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.


[[Page 42741]]


(Authority: 40 CFR 1501.9, 43 CFR 1610.2, and 43 CFR 2710)

Mitchell Leverette,
State Director, BLM Eastern States.
[FR Doc. 2023-14045 Filed 6-30-23; 8:45 am]
BILLING CODE 4331-18-P