[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Notices]
[Pages 54033-54036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14176]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[BLM_NV_FRN_MO#4500176314]


Notice of Intent To Amend a Resource Management Plan and Prepare 
an Associated Environmental Assessment; Notice of Realty Action: 
Proposed Sale of Public Land in Nye County, Nevada

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) Nevada 
State Director intends to prepare a Resource Management Plan (RMP) 
Amendment with an associated Environmental Assessment (EA) for the non-
competitive direct sale of 248.74 acres of public land in rural east-
central Nye County, Nevada to Foreland Refining Corporation (Foreland) 
(N-100365/NVNV105851725). The sale would be for no less than the 
appraised fair market value. The sale would be subject to the 
applicable provisions of section 203 of FLPMA and the BLM land sale 
regulations. This notice announces the beginning of the scoping period 
to solicit public comments and identify issues, provides the planning 
criteria for public review, and announces a comment period on the 
proposed realty action offering the sale of public land.

DATES: Interested parties may submit written comments concerning the 
proposed land sale, scope of the analysis, potential alternatives, and 
identification of relevant information and studies by August 12, 2024. 
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 written comments concerning the realty action 
and on issues and planning criteria related to the proposed RMP 
Amendment and non-competitive direct sale of public land in Nye County, 
Nevada, by any of the following methods:
     Website: https://eplanning.blm.gov/eplanning-ui/project/2024259/510.
     Email: [email protected].

[[Page 54034]]

     Fax: 775-482-7810.
     Mail: BLM, Tonopah Field Office, P.O. Box 911 (1553 South 
Main Street), Tonopah, Nevada 89049.
    Documents pertinent to this proposal may be examined online at 
https://eplanning.blm.gov/eplanning-ui/project/2024259/510 and at the 
Tonopah Field Office.

FOR FURTHER INFORMATION CONTACT: Frederick Marcell, Lead Realty 
Specialist, Nevada State Office; telephone 202 912-7339; email at 
[email protected]; or Perry Wickham, Field Manager, telephone 775-482-
7801; Tonopah Field Office, P.O. Box 911 (1553 South Main Street), 
Tonopah, Nevada 89049; email [email protected]. Contact Mr. Wickham 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 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 
Nevada State Director proposes to segregate the identified public land 
and prepare an RMP Amendment with an associated EA for the non-
competitive direct sale of public land in Nye County, Nevada, and 
announces the beginning of the scoping process to seek public input on 
issues and planning criteria. The RMP Amendment would change the 
existing 1997 Tonopah Field Office Record of Decision and Approved RMP. 
The RMP Amendment is being considered to evaluate whether the subject 
parcel of public land meets the disposal criteria described in section 
203 of FLPMA.
    Foreland holds a right-of-way grant (N-41035/NVNV105896178) on the 
northwestern 40-acre portion of the proposed sale parcel, which 
contains the Eagle Springs Refinery. The purpose of the sale would be 
to protect existing Eagle Springs Refinery improvements consisting of 
fencing, underground phone lines, roads, multiple buildings, an on-site 
water well, propane tank, and septic system, and the refinery's oil 
delivery/distribution systems for refining operations, and to allow for 
future expansion of the refinery. The sale would be subject to the 
applicable provisions of Section 203 of FLPMA and the BLM land sale 
regulations. The subject parcel was not previously identified for 
disposal in the RMP; therefore, the BLM must amend the RMP for the 
proposed sale to proceed.
    The BLM will examine the following described public land for 
disposal suitability:

Mount Diablo Meridian, Nevada,

T. 9 N., R. 56 E.,
    Sec. 24, S\1/2\NE\1/4\SE\1/4\ and SE\1/4\SE\1/4\;
    Sec. 25, E\1/2\NE\1/4\.
T. 9 N., R. 57 E.,
    Sec. 19, lot 4;
    Sec. 30, lots 1 and 2.[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][NOTICES][NOTICE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/
SUBJECT][/PREAMB][SUPLINF][HED]*[/HED][EXTRACT][P]*[/P]?>

    The area described contains 248.74 acres, according to the 
official plats of the surveys on file with the BLM.

    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 FLPMA. The segregation will terminate upon (1) 
issuance of a conveyance document; (2) publication in the Federal 
Register terminating the segregation; or (3) two years from publication 
of this notice, unless extended by the BLM Nevada State Director in 
accordance with 43 CFR 2711.1-2(d).
    In addition, upon publication of this notice and until completion 
of this sale, the BLM will no longer accept land-use applications 
affecting the identified public land, except applications to amend 
previously filed right-of-way applications or existing authorizations 
to modify grant terms in accordance with 43 CFR 2807.15 and 43 CFR 
2886.15.
    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 for the conveyance out of Federal ownership of 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 comment 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)(3) make allowances for direct sales 
where necessary to protect existing equities in the public land and 
where there is a need to recognize an authorized use such as an 
existing business that could suffer a substantial economic loss if the 
tract were purchased by other than the authorized user. The BLM will 
consider selling this parcel if it is determined that the public 
interest would best be served by selling the BLM-administered land for 
the fair market value and ensure the Federal Government receives fair 
compensation for the sale of the parcel.
    The subject parcel is located on both sides of United States 
Highway 6, which allows access to the area from either Tonopah or Ely, 
Nevada. 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 Disposal and Exchanges. 
Disposal of this parcel will have no anticipated impacts on 
recreational access to adjacent parcels of publicly accessible lands.
    The conveyance document, if issued, will contain the following 
reservations, terms, and conditions:
    (1) The reservation of 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) The reservation of all the mineral deposits in the land 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 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

[[Page 54035]]

omissions of its mining claimants, permittees, licensees, and lessees.
    (3) The conveyance document would be subject to all valid existing 
rights.
    (4) The parcel is subject to reservations for roads and public 
utilities.
    (5) An appropriate indemnification clause protecting the United 
States from claims arising out of the patentee's use, occupancy, or 
occupation on the patented lands.
    (6) Additional terms and conditions that the authorized officer 
deems appropriate.
    The BLM will publish this notice once a week for three consecutive 
weeks in the Tonopah Times-Bonanza & Goldfield News. Comments will be 
accepted as discussed in the ADDRESSES section above.
    Any adverse comments regarding the sale will be reviewed by the BLM 
Nevada 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 adverse comments, this 
realty action will become the final determination of the Department of 
the Interior.
    The planning area is in Nye County, Nevada and encompasses 
approximately 248.74 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 purpose of the Federal action is to consider an RMP Amendment 
to make available by direct sale BLM-administered public lands that are 
not currently identified for disposal in the Tonopah RMP, as well as to 
respond to Foreland's request for a FLPMA direct land sale. The need 
for the action is established by BLM's responsibility under section 203 
of FLPMA and 43 CFR 2711.1-1(c) to respond to a request for a land 
sale, and to ensure compliance with the Tonopah RMP Management 
Decisions.

Preliminary Alternatives

    There are currently no alternatives other than the no action 
alternative. The BLM welcomes comments on all preliminary alternatives 
as well as suggestions for additional alternatives.

Planning Criteria

    The planning criteria guides the planning effort and lays 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, Tribal, State, and 
local agencies, and other stakeholders. The planning criteria are 
available for public review and comment at the BLM National NEPA 
Register (see ADDRESSES).

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 
the local media, newspapers, and the project's web page on the BLM 
National NEPA Register.

Sale Notifications

    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 Nevada 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, 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.
    Any other subsequent notices related to the RMP Amendment and land 
sale may also be published in the local newspaper.

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, 
lands and realty, sociology, cultural resources, paleontological 
resources, Native American coordination and consultation, environmental 
justice, social and economic values, recreational resources, visual 
resources, wilderness, geology, minerals, wastes--hazardous or solid, 
wildlife, threatened and endangered species, special status species, 
migratory birds, noise, wild horses and burros, water quality/quantity, 
wetlands and/or riparian zones, wild and scenic rivers, floodplains, 
grazing management, noxious weeds and invasive non-native species, 
human health and safety, soils, vegetation, forestry, air quality, and 
land use authorization.

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; and it may 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 local Tribes on a government-to-
government basis in accordance with Executive Order 13175, BLM Manual 
1780, and other Departmental policies. 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 Indian Tribal Nations and stakeholders that may be 
interested in or affected by the proposed sale of public land in Nye 
County, Nevada and the proposed RMP Amendment, and accompanying Record 
of Decision that the BLM is evaluating, 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

[[Page 54036]]

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.

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

Jon K. Raby,
State Director.
[FR Doc. 2024-14176 Filed 6-27-24; 8:45 am]
BILLING CODE 4331-21-P