81 FR 42373 - Notice of Intent To Amend the Kemmerer Resource Management Plan and Prepare an Environmental Assessment; and Notice of Realty Action: Classification and Proposed Direct Sale of Public Land in Lincoln County, Wyoming
DEPARTMENT OF THE INTERIOR
Bureau of Land Management Federal Register Volume 81, Issue 125 (June 29, 2016)
Bureau of Land Management
Federal Register Volume 81, Issue 125 (June 29, 2016)
| Page Range | 42373-42375 | |
| FR Document | 2016-15383 |
[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)] [Notices] [Pages 42373-42375] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15383] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWYD09000.L14400000.EU0000; WYW-171467] Notice of Intent To Amend the Kemmerer Resource Management Plan and Prepare an Environmental Assessment; and Notice of Realty Action: Classification and Proposed Direct Sale of Public Land in Lincoln County, Wyoming AGENCY: Bureau of Land Management, Interior. ACTION: Notice of intent and notice of realty action. ----------------------------------------------------------------------- SUMMARY: In compliance with sections 203 and 209 of the Federal Land Policy and Management Act (FLPMA), as amended, and the National Environmental Policy Act (NEPA) of 1969, as amended, the Bureau of Land Management's (BLM) Kemmerer Field Office proposes to amend the May 24, 2010, Kemmerer Resource Management Plan (RMP) and prepare an environmental assessment (EA), to identify and allow the direct sale of an isolated parcel of public land totaling 2.80 acres to the adjacent landowner (Teichert Brothers, LLC) in Lincoln County, Wyoming, at the appraised fair market value (FMV) of $1,470. [[Page 42374]] DATES: Written comments regarding the amendment, classification, or sale must be received by the BLM no later than August 15, 2016 or 30 days after the last public meeting, whichever is later. The date(s) of the scoping meetings will be announced at least 15 days in advance through local news media and newspapers. ADDRESSES: You may submit comments on issues and planning criteria related to the plan amendment and realty action by any of the following methods:Mail: Field Manager, Kemmerer Field Office, 430 North Highway 189, Kemmerer, WY 83101, or by Email: [email protected] with ``Teichert Land Sale'' in the subject line. Documents pertinent to this proposal are available at the above address. FOR FURTHER INFORMATION CONTACT: Kelly Lamborn, Realty Specialist, BLM Kemmerer Field Office, 430 North Highway 189, Kemmerer, WY 83101; telephone 307-828-4505; email [email protected]. 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 during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: This document provides notice that the BLM Kemmerer Field Office intends to prepare an RMP amendment with an associated EA for the Kemmerer RMP, announces the beginning of the scoping process, and seeks public input on issues and planning criteria. The purpose of the public scoping process is to determine relevant issues that will influence the scope of the environmental analysis, including alternatives, and guide the planning process. Preliminary issues for the plan amendment area have been identified by BLM personnel, Federal, State and local agencies, and other stakeholders. The Kemmerer RMP does not specifically include nor identify the sale parcel for disposal and therefore, a land-use plan amendment is required. The BLM is proposing to amend the May 24, 2010, Kemmerer RMP, as amended by the Approved Resource Management Plan Amendments (ARMPA) for the Rocky Mountain Region, approved September 22, 2015, to identify and allow for the classification and direct sale of public land. The parcel is described as: Sixth Principal Meridian, Wyoming T. 24 N., R. 119 W., sec. 29, lot 21. The area described contains 2.80 acres. Under Section 203 of FLPMA, as amended (43 U.S.C. 1713), if the BLM determines that the parcel of public land is suitable for disposal, then the BLM may propose to offer it for direct sale at the appraised FMV. The BLM will reserve the minerals for this parcel under Section 209 of FLPMA (43 U.S.C. 1719). This sale parcel has no public access. The parcel is surrounded on all sides by lands owned by Teichert Brothers, LLC. The location makes it difficult and uneconomical for the BLM to manage and is not suitable for management by another Federal agency. The sale is consistent with the objectives, goals, and decision of the BLM Kemmerer RMP, and would be in the public interest. The ARMPA Management Decision, LR 7, allows for lands within Greater Sage-Grouse general habitat management areas to be disposed of, as long as the action is consistent with the goals and objectives of the plan, including, but not limited to, the goal to conserve, recover, and enhance sage-grouse habitat on a landscape scale. In accordance with 43 CFR 2710.0-6(c)(3)(iii) and 43 CFR 2711.3-3(a), direct sale procedures are appropriate to protect existing equities in the land. Conveyance of the sale parcel will be subject to valid existing rights and encumbrances of record, including, but not limited to, rights-of-way (ROWs) for roads and public utilities. The patent will include an appropriate indemnification claim protecting the United States from claims arising out of the patentee's use occupancy or occupations on the patented lands. No warranty of any kind, express or implied, is given by the United States as to the title, physical condition, or potential uses of the parcel of land proposed for sale. The United States will retain all mineral rights. Upon publication of this Notice in the Federal Register, this notice segregates the above-mentioned sale parcel from appropriation under the public land laws, including the mining laws, except the sale provision of FLPMA. This segregative effect will end upon issuance of the patent, publication in the Federal Register of a termination of the segregation, or June 29, 2018, whichever occurs first or unless extended by the BLM Wyoming State Director in accordance with 43 CFR 2711.1-2(d) prior to the termination date. Until completion of the sale, the BLM will no longer accept land use applications affecting the sale parcel, except applications for the amendment of previously filed ROW applications or existing authorizations to increase the term of the grants, in accordance with 43 CFR 2807.15 and 2886.15. The patent if issued, would be subject to the following terms, conditions, and reservations: 1. All minerals, together with the right to prospect for, mine, and remove such deposits from the same under applicable law and such regulation as the Secretary of the Interior may prescribe; 2. A right-of-way for ditches or canals constructed by the authority of the United States pursuant to the Act of August 30, 1890, (43 U.S.C. 945); and 3. All valid existing rights. All information concerning these actions is available for review at the address above during normal business hours, 7:45 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. You may submit comments on issues and planning criteria regarding the RMP amendment process, classification of the direct sale parcel, and notification of any encumbrances or other claims relating to the sale parcel in writing to the BLM at any public scoping meeting. Additionally, you may submit comments to the BLM using one of the methods listed in the ADDRESSES section above. For your comments to be considered, you must submit them by the deadlines listed in the DATES section above. The BLM will use the NEPA public participation requirements to assist the agency in satisfying the public involvement requirements under Section 106 of the National Historic Preservation Act (NHPA) (16 U.S.C. 470(f)) pursuant to 36 CFR 800.2(d)(3). The historic and cultural resources information within the sale parcel will assist the BLM in identifying and evaluating impacts to such resources in the context of both NEPA and Section 106 of the NHPA. Federal, State, and local agencies, along with other stakeholders that may be interested in or affected by the proposed action 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. The minutes and list of attendees for each scoping meeting will be available to the public and open for 30 days after the meeting to any participant who wishes to clarify the views he or she expressed. The BLM will address and evaluate all issues and place them into one of three following categories: [[Page 42375]] 1. Issues to be resolved in the plan amendment; 2. Issues to be resolved through policy or administrative action; or 3. Issues beyond the scope of this plan amendment. The BLM will provide an explanation in the Draft RMP Amendment/ Draft EA as to why an issue was placed in Category two or three. The public is encouraged to identify any management questions and concerns that should be addressed in the plan. The BLM will work collaboratively with interested parties to identify the management decisions that are best suited to local, regional, and national needs and concerns. The BLM will use an interdisciplinary approach to develop the plan amendment in order to consider the variety of resource issues and concerns. No representation, warranty, or covenant of any kind, express or implied, will be given or made by the United States, its officers or employees as to access to or from the above-described parcel of land, the title to the land, whether or to what extent the land may be developed, its physical condition or its past, present or potential uses, and the conveyance of any such parcel will not be on a contingency basis. It is the responsibility of the buyer to be aware of all applicable Federal, State, and local government policies and regulations that would affect the subject lands. It is also the buyer's responsibility to be aware of existing or prospective uses of nearby properties. Lands without access from a public road or highway will be conveyed as such, and future access acquisition will be the responsibility of the buyer. 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. Any adverse comments will be reviewed by the Wyoming 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: 40 CFR 1501.7, 43 CFR 1610.2, 43 CFR 2400, and 43 CFR 2711. Brian W. Davis, Acting State Director, Wyoming. [FR Doc. 2016-15383 Filed 6-28-16; 8:45 am] BILLING CODE 4310-22-P
![Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices 42373
hotel tower would not exceed 275 feet review, we cannot guarantee that we Order
above ground level. Access to the will be able to do so. By virtue of the authority vested in
project site would be provided via one Authority: This notice is published the Secretary of the Interior by Section
driveway along Sample Road, one pursuant to the Council of Environmental 204 of the Federal Land Policy and
driveway along SR–7/US–441, and one Quality Regulations (40 CFR parts 1500 Management Act of 1976, 43 U.S.C.
driveway along NW 54th Avenue. through 1508) and the Department of the
Interior Regulations (43 CFR part 46), 1714, it is ordered as follows:
Alternatives considered in the FEIS Public Land Order No. 7209 (61 FR
include Alternative A—Proposed implementing the procedural requirements of
the NEPA, as amended (42 U.S.C. 4371, et 38783 (1996)), which withdrew 3.25
Project; Alternative B—Reduced seq.), and is in the exercise of authority acres of public land at Cape Johnson,
Intensity Alternative; and Alternative C delegated to the Assistant Secretary—Indian Washington, from settlement, sale,
—No Action by Federal Government. Affairs by 209 DM 8. location, or entry under the general land
Environmental issues addressed in the laws, including the United States
Dated: June 22, 2016.
FEIS include geology and soils, water mining laws and leasing under the
Lawrence S. Roberts,
resources, air quality, biological mineral leasing laws, is hereby extended
resources, cultural and paleontological Acting Assistant Secretary—Indian Affairs.
[FR Doc. 2016–15429 Filed 6–28–16; 8:45 am] for an additional 20-year period. The
resources, socioeconomic conditions withdrawal extended by this order will
(including environmental justice), BILLING CODE 4337–15–P
expire on July 24, 2036, unless, as a
transportation and circulation, land use, result of a review conducted prior to the
public services, noise, hazardous expiration date pursuant to Section
materials, aesthetics, cumulative effects, DEPARTMENT OF THE INTERIOR
204(f) of the Federal Land Policy and
and indirect and growth inducing Bureau of Land Management Management Act of 1976 43 U.S.C.
effects. 1714, the Secretary determines that the
The BIA serves as the Lead Agency for [LLOR936000.L14400000.ET0000.
16XL1109AF; HAG 15–0118; WAOR–50699] withdrawal shall be further extended.
compliance with the National
Environmental Policy Act (NEPA). The Dated: June 20, 2016.
Public Land Order No. 7853; Extension Janice M. Schneider,
BIA held a public scoping meeting for of Public Land Order No. 7209, Cape
the project on September 15, 2010, at Assistant Secretary—Land and Minerals
Johnson; Washington Management.
the Coral Springs High School
Auditorium, in Coral Springs, Florida. A AGENCY: Bureau of Land Management, [FR Doc. 2016–15382 Filed 6–28–16; 8:45 am]
notice of availability for the Draft EIS Interior. BILLING CODE 3410–15–P
was published in the Federal Register ACTION: Public land order.
on August 31, 2012 (77 FR 53225), and
announced a 45-day review period SUMMARY: This order extends the DEPARTMENT OF THE INTERIOR
ending on October 15, 2012. A public duration of the withdrawal created by
hearing on the Draft EIS was held on Public Land Order No. 7209 for an Bureau of Land Management
October 9, 2012, in the City of Coconut additional 20-year period, which would
Creek. otherwise expire on July 24, 2016. This [LLWYD09000.L14400000.EU0000; WYW–
To obtain a compact disk copy of the extension is necessary to continue to 171467]
protect the fragile, unique, and
FEIS, please provide your name and
endangered natural and cultural Notice of Intent To Amend the
address in writing or by voicemail to
resources at Cape Johnson, which is Kemmerer Resource Management Plan
Mr. Chester McGhee, Regional
located adjacent to the Olympic and Prepare an Environmental
Environmental Scientist, Bureau of
National Park in Clallam County, Assessment; and Notice of Realty
Indian Affairs, Eastern Regional Office.
Washington. Action: Classification and Proposed
Contact information is listed above in
DATES: This Public Land Order is Direct Sale of Public Land in Lincoln
the FOR FURTHER INFORMATION CONTACT
effective on July 25, 2016. County, Wyoming
section of this notice. Individual paper
copies of the FEIS will be provided FOR FURTHER INFORMATION CONTACT: AGENCY: Bureau of Land Management,
upon payment of applicable printing Jacob Childers, Land Law Examiner, at Interior.
expenses by the requestor for the 503–808–6225, Bureau of Land ACTION: Notice of intent and notice of
number of copies requested. Management, Oregon/Washington State realty action.
Public Comment Availability: Office, P.O. Box 2965, Portland, Oregon
Comments, including names and 97208–2965. Persons who use a SUMMARY: In compliance with sections
addresses of respondents, will be telecommunications device for the deaf 203 and 209 of the Federal Land Policy
available for public review at the BIA (TDD) may call the Federal Information and Management Act (FLPMA), as
mailing address shown in the Relay Service (FIRS) at 1–800–877–8339 amended, and the National
ADDRESSES section of this notice, during to reach the above contact. The FIRS is Environmental Policy Act (NEPA) of
regular business hours, 8:00 a.m. to 4:30 available 24 hours a day, 7 days a week, 1969, as amended, the Bureau of Land
p.m., Monday through Friday, except to leave a message or question with the Management’s (BLM) Kemmerer Field
holidays. Before including your address, above individual. You will receive a Office proposes to amend the May 24,
telephone number, email address, or reply during normal business hours. 2010, Kemmerer Resource Management
other personal identifying information SUPPLEMENTARY INFORMATION: The Plan (RMP) and prepare an
mstockstill on DSK3G9T082PROD with NOTICES
in your comment, you should be aware purpose for which the withdrawal was environmental assessment (EA), to
that your entire comment, including first made requires this extension to identify and allow the direct sale of an
your personal identifying information, continue to protect the fragile, unique, isolated parcel of public land totaling
may be made publicly available at any and endangered natural and cultural 2.80 acres to the adjacent landowner
time. While you can ask us in your resources located at Cape Johnson, (Teichert Brothers, LLC) in Lincoln
comment to withhold your personal Washington, at the request of the County, Wyoming, at the appraised fair
identifying information from public National Park Service. market value (FMV) of $1,470.
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![Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Notices 42375
1. Issues to be resolved in the plan Authority: 40 CFR 1501.7, 43 CFR 1610.2, complaint alleges violations of section
amendment; 43 CFR 2400, and 43 CFR 2711. 337 based upon the importation into the
2. Issues to be resolved through policy Brian W. Davis, United States, the sale for importation,
or administrative action; or Acting State Director, Wyoming. and the sale within the United States
after importation of certain network
3. Issues beyond the scope of this plan [FR Doc. 2016–15383 Filed 6–28–16; 8:45 am]
devices, related software and
amendment. BILLING CODE 4310–22–P
components thereof by reason of
The BLM will provide an explanation infringement of certain claims of U.S.
in the Draft RMP Amendment/Draft EA Patent No. 7,162,537 (‘‘the ’537 patent’’);
INTERNATIONAL TRADE U.S. Patent No. 8,356,296 (‘‘the ’296
as to why an issue was placed in COMMISSION
Category two or three. The public is patent’’); U.S. Patent No. 7,290,164 (‘‘the
encouraged to identify any management [Investigation No. 337–TA–944] ’164 patent’’); U.S. Patent No. 7,340,597
questions and concerns that should be (‘‘the ’597 patent’’); U.S. Patent No.
Certain Network Devices, Related 6,741,592 (‘‘the ’592 patent’’); and U.S.
addressed in the plan. The BLM will
Software and Components Thereof (I); Patent No. 7,200,145 (‘‘the ’145 patent’’),
work collaboratively with interested Commission’s Final Determination and alleges that an industry in the
parties to identify the management Finding a Violation; Issuance of a United States exists as required by
decisions that are best suited to local, Limited Exclusion Order and Cease subsection (a)(2) of section 337. The
regional, and national needs and and Desist Order; Termination of the ’296 patent was previously terminated
concerns. Investigation from the investigation. The complaint
The BLM will use an interdisciplinary named Arista Networks, Inc. (‘‘Arista’’)
AGENCY: U.S. International Trade
approach to develop the plan of Santa Clara, California as the
Commission.
amendment in order to consider the respondent. A Commission investigative
ACTION: Notice.
variety of resource issues and concerns. attorney (‘‘IA’’) is participating in the
SUMMARY: Notice is hereby given that investigation.
No representation, warranty, or On February 2, 2016, the ALJ issued
covenant of any kind, express or the U.S. International Trade
Commission has found a violation of his final ID finding a violation of section
implied, will be given or made by the 337. The ID found a violation with
United States, its officers or employees section 337 in this investigation and has
(1) issued a limited exclusion order respect to the ’537, ’592 and ’145
as to access to or from the above- patents. The ID found no violation
prohibiting importation of certain
described parcel of land, the title to the based on the ’597 and ’164 patents. On
network devices, related software and
land, whether or to what extent the land components thereof, and (2) issued a February 11, 2016, the ALJ issued his
may be developed, its physical cease and desist order. The Commission Recommended Determination on
condition or its past, present or terminates the investigation. Remedy and Bonding.
potential uses, and the conveyance of On February 17, 2016, Cisco and
FOR FURTHER INFORMATION CONTACT:
any such parcel will not be on a Arista filed petitions for review. On
Amanda Pitcher Fisherow, Esq., Office March 3, 2016, the parties, including the
contingency basis. It is the of the General Counsel, U.S.
responsibility of the buyer to be aware IA, filed responses to the respective
International Trade Commission, 500 E petitions for review. On April 11, 2016,
of all applicable Federal, State, and Street SW., Washington, DC 20436,
local government policies and the Commission determined to review
telephone (202) 205–2737. Copies of the ID in-part. The Commission
regulations that would affect the subject non-confidential documents filed in determined to review the final ID on the
lands. It is also the buyer’s connection with this investigation are or following issues: (1) Infringement of the
responsibility to be aware of existing or will be available for inspection during ’537, ’597, ’592 and ’145 patents; (2)
prospective uses of nearby properties. official business hours (8:45 a.m. to 5:15 patentability of the ’597, ’592, and ’145
Lands without access from a public road p.m.) in the Office of the Secretary, U.S. inventions under 35 U.S.C. 101; (3) the
or highway will be conveyed as such, International Trade Commission, 500 E construction of ‘‘said router
and future access acquisition will be the Street SW., Washington, DC 20436, configuration data managed by said
responsibility of the buyer. telephone (202) 205–2000. General database system and derived from
Before including your address, phone information concerning the Commission configuration commands supplied by a
may also be obtained by accessing its user and executed by a router
number, email address, or other
Internet server at http://www.usitc.gov. configuration subsystem before being
personal identifying information in your
The public record for this investigation stored in said database’’ of claims 1, 10,
comment, you should be aware that
may be viewed on the Commission’s and 19 of the ’537 patent; (4) the
your entire comment—including your electronic docket (EDIS) at http://
personal identifying information—may construction of ‘‘a change to a
edis.usitc.gov. Hearing-impaired configuration’’/‘‘a change in
be made publicly available at any time. persons are advised that information on configuration’’ of claims 1, 39, and 71 of
While you can ask us in your comment this matter can be obtained by the ’597 patent; (5) equitable estoppel;
to withhold your personal identifying contacting the Commission’s TDD (6) laches; (7) the technical prong of
information from public review, we terminal on (202) 205–1810. domestic industry for the ’537, ’597,
cannot guarantee that we will be able to SUPPLEMENTARY INFORMATION: The ’592 and ’145 patents; (8) economic
do so. Any adverse comments will be Commission instituted this investigation prong of domestic industry; and (9)
mstockstill on DSK3G9T082PROD with NOTICES
reviewed by the Wyoming State on January 27, 2015, based on a importation. To the extent any findings
Director, who may sustain, vacate, or complaint filed on behalf of Cisco that the Commission reviewed
modify this realty action. In the absence Systems, Inc. (‘‘Complainant’’) of San implicated the ID’s findings for the ’164
of timely filed objections, this realty Jose, California. 80 FR 4314–15 (Jan. 27, patent (e.g., intent to induce
action will become the final 2015). The complaint was filed on infringement), the Commission also
determination of the Department of the December 19, 2014 and a supplement reviewed those findings for the ’164
Interior. was filed on January 8, 2015. The patent. The parties briefed the issues on
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Document Created: 2018-02-08 07:42:35
Document Modified: 2018-02-08 07:42:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Classification and Proposed Direct Sale of Public Land in Lincoln County, Wyoming | |
| Dates | Written comments regarding the amendment, classification, or sale must be received by the BLM no later than August 15, 2016 or 30 days after the last public meeting, whichever is later. The date(s) of the scoping meetings will be announced at least 15 days in advance through local news media and newspapers. | |
| Contact | Kelly Lamborn, Realty Specialist, BLM Kemmerer Field Office, 430 North Highway 189, Kemmerer, WY 83101; telephone 307-828-4505; email [email protected] 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 during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. | |
| FR Citation | 81 FR 42373 |
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