81 FR 90383 - Notice of Realty Action: Proposed Amendment to Noncompetitive Land Use Lease MTM 74913, Montana

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 81, Issue 240 (December 14, 2016)

The Bureau of Land Management (BLM) has received a proposal to amend Spring Creek Coal, LLC's existing Land Use Lease (LUL) MTM-74913, pursuant to Section 302 of the Federal Land Policy and Management Act (FLPMA) of 1976, as amended, for not less than the appraised fair market value.

[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Notices]
[Pages 90383-90384]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29964]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLMTC02200-L14300000-EQ0000; MTM-74913]


Notice of Realty Action: Proposed Amendment to Noncompetitive 
Land Use Lease MTM 74913, Montana

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Land Management (BLM) has received a proposal to 
amend Spring Creek Coal, LLC's existing Land Use Lease (LUL) MTM-74913, 
pursuant to Section 302 of the Federal Land Policy and Management Act 
(FLPMA) of 1976, as amended, for not less than the appraised fair 
market value.

DATES: Interested parties may submit comments on or before January 30, 
2017.

ADDRESSES: Send written comments to the Field Manager, Miles City Field 
Office, Bureau of Land Management, 111 Garryowen Road, Miles City, MT 
59301.

FOR FURTHER INFORMATION CONTACT: Beth Klempel, BLM Miles City Field 
Office, 111 Garryowen Road, Miles City, MT 59301, telephone 406-233-
2800, or 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 Ms. Klempel during normal 
business hours. The FIRS is available 24 hours a day, 7 days a week, to 
leave a message or question for Ms. Klempel. You will receive a reply 
during normal business hours. Normal business hours are 7:45 a.m. to 
4:30 p.m., Monday through Friday, except for Federal holidays.

SUPPLEMENTARY INFORMATION: The following described lands include the 
proposed LUL amendment and have been determined as suitable for leasing 
under Section 302 of FLPMA (43 U.S.C. 1732):

Principal Meridian, Montana

T. 8 S., R. 39 E.,
    Sec. 22, N\1/2\SW\1/4\NE\1/4\, N\1/2\SE\1/4\SW\1/4\NE\1/4\, W\1/
2\SE\1/4\NE\1/4\, and SE\1/4\SE\1/4\NE\1/4\.
T. 9 S., R. 39 E.,
    Sec. 1, SE\1/4\SW\1/4\.
T. 9 S., R. 40 E.,
    Sec. 7, N\1/2\NE\1/4\, N\1/2\SW\1/4\NE\1/4\, N\1/2\SE\1/4\NE\1/
4\, N\1/2\SW\1/4\ SW\1/4\NE \1/4\, N\1/2\SE\1/4\SW\1/4\NE\1/4\, N\1/
2\SW\1/4\SE\1/4\NE\1/4\, and N\1/2\SE\1/4\SE\1/4\NE\1/4\.
    Sec. 8, N\1/2\SW\1/4\NW\1/4\.
    The areas described aggregate 255 acres.

    The BLM is considering amending the existing LUL, which is 222.12 
acres. The amendment would modify its size to authorize the surface use 
of 255 additional acres of public lands for coal mine layback, 
establishing a highwall crest, topsoil and overburden stockpiles, and 
transportation and utility corridors on Spring Creek Coal, LLC's 
existing

[[Page 90384]]

LUL MTM-74913. Although based on available information, the BLM 
estimates that only 155 acres of disturbance will occur within the 255 
acre area described above.
    The amendment has been requested to facilitate recovery of coal 
reserves from Spring Creek Coal, LLC's adjoining Federal coal leases 
MTM-94378 and MTM-69782, Montana State coal lease C-1088-05, and for 
Spring Creek, LLC's to ultimately access the coal contained within its 
pending coal lease modification MTM-94378 and coal lease by application 
MTM-105485, if they were to be approved. Layback on the area covered by 
the LUL is a critical component in coal surface mine recovery, which 
consists of a series of benches cut into the mine highwall to stabilize 
the wall as mining progresses into an area.
    If the LUL amendment were to be approved, the coal lessee will: (1) 
Remove the topsoil from the coal leases and stockpile it on the above-
described lands and use it for reclamation after mining; (2) Remove the 
overburden from the pit and stockpile it on the subject lands to be 
used in post-mining topography construction; (3) Locate an electric 
line and distribution station within the use area at a safe distance 
from the pit and grading activity; (4) Construct access/haul roads to 
use in the mining process and to access the stockpiles; and (5) Cut 
benches into the mine highwall to stabilize the wall as mining 
progresses into an area.
    The BLM is considering offering the land use lease amendment 
noncompetitively to Spring Creek Coal, LLC to amend its existing LUL 
MTM-74913 because the authorized officer has determined that: (1) These 
parcels are surrounded by land owned or controlled by Spring Creek 
Coal, LLC; and (2) It is unlikely there would be interest in 
competitive bidding in these lands. The BLM does not authorize mineral 
use under this LUL amendment; however, Spring Creek Coal, LLC applied 
for a modification of coal lease MTM-94378 and submitted a coal lease 
by application request (MTM-105485). The BLM will process the LUL 
amendment and coal lease modification concurrently in accordance with 
43 CFR 2920 and 43 CFR 3432, and will process the lease by application 
separately in accordance with 43 CFR 3425.
    Any application filed for this LUL amendment must reference this 
Notice and provide a complete description of the proposed project. If 
the BLM accepts the application to amend the LUL, the reimbursement of 
costs and the annual rental is the responsibility of the applicant in 
accordance with the provisions of 43 CFR 2920.6 and 43 CFR 2920.8, 
respectively. This LUL amendment is consistent with the applicable 
Resource Management Plan.
    The BLM will complete an environmental analysis addressing the 
proposed LUL amendment, proposed amendment to an existing land use 
permit, coal lease modification, and coal lease by application in 
accordance with the National Environmental Policy Act of 1969, prior to 
making a decision to approve the proposed applications. The BLM will 
solicit public comment in support of scoping for the environmental 
analysis. You may review the proposed LUL amendment at the BLM Miles 
City Field Office. Interested parties may submit in writing any 
comments concerning the LUL amendment to the BLM Field Manager listed 
under ADDRESSES above.
    Comments on the proposed LUL amendment should be specific, confined 
to issues pertinent to the proposed action, and should explain the 
reason for any recommended revisions. Where possible, comments should 
reference the specific section or paragraph of the proposal. The BLM is 
not obligated to consider or include in the Administrative Record 
comments received after the close of the comment period or comments 
delivered to an address other than the one listed above.
    Comments, including names and street addresses of respondents, will 
be available for public review at the BLM Miles City Field Office 
address listed in ADDRESSES above. Before including your address, phone 
number, email address, or other personal identifying information in 
your comments, 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 regarding the proposed LUL amendment will be 
reviewed by the BLM Montana State Director or other authorized official 
of the Department of the Interior, who may sustain, vacate, or modify 
this realty action in whole or in part. In the absence of timely filed 
objections, this realty action will become the final determination of 
the Department of the Interior.

    Authority:  43 CFR 2920.4, 43 CFR 3430.3-2

Diane M. Friez,
Eastern Montana/Dakotas District Manager.
[FR Doc. 2016-29964 Filed 12-13-16; 8:45 am]
 BILLING CODE 4310-DN-P