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)
Bureau of Land Management
Federal Register Volume 81, Issue 240 (December 14, 2016)
| Page Range | 90383-90384 | |
| FR Document | 2016-29964 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Notices 90383
Acres
NE ⁄ SW ⁄ NE ⁄ .........................................................................
14 14 14 10
NE1⁄4SE1⁄4SW1⁄4NE1⁄4 ................................................................ 2.5
E1⁄2NE1⁄4SE1⁄4 ............................................................................ 20
E1⁄2NW1⁄4NE1⁄4SE1⁄4 ................................................................... 5
NE1⁄4SE1⁄4SE1⁄4 .......................................................................... 10
Township 9 South, Range 40 East:
Sec. 6 .................................................................................. Lot 5 ........................................................................................... 34.78
The Spring Creek Mine operates Montana Powder River Basin (PRB) amended, for not less than the appraised
under an existing approved surface include: (1) The need for resolution of fair market value.
mining permit from the State of potential conflicts between existing and DATES: Interested parties may submit
Montana. The Montana Department of proposed oil and gas development and comments on or before January 30,
Environmental Quality, the Montana coal mining on the tracts proposed for 2017.
Department of Natural Resources and coal leasing; (2) Potential impacts to big
ADDRESSES: Send written comments to
Conservation, and the OSMRE will be game herds and hunting, Greater Sage-
the Field Manager, Miles City Field
cooperating agencies in the preparation Grouse, listed threatened and
Office, Bureau of Land Management,
of the Spring Creek Coal EIS. Other endangered species, and air quality,
111 Garryowen Road, Miles City, MT
cooperating agencies may be identified including greenhouse gas emissions; (3)
59301.
during the scoping process. The need to consider the cumulative
The actions announced by this Notice impacts of coal leasing decisions FOR FURTHER INFORMATION CONTACT: Beth
are consistent with Secretarial Order combined with other existing and Klempel, BLM Miles City Field Office,
(S.O.) 3338, which allows preparatory proposed development in the Montana 111 Garryowen Road, Miles City, MT
work, including National Environmental PRB; and (4) Potential site-specific and 59301, telephone 406–233–2800, or
Policy Act and other related analyses, cumulative impacts on air and water email bklempel@blm.gov. Persons who
on already-pending applications to quality. use a telecommunications device for the
continue while the BLM’s programmatic Before including your address, phone deaf (TDD) may call the Federal
review of the Federal coal program is number, email address, or other Information Relay Service (FIRS) at 1–
pending. With respect to the sale of the personal identifying information in your 800–877–8339 to contact Ms. Klempel
coal covered by the leasing requests, comment, you should be aware that during normal business hours. The FIRS
unless it is shown that one of the your entire comment—including your is available 24 hours a day, 7 days a
exceptions or exclusions to S.O. 3338 personal identifying information—may week, to leave a message or question for
applies, the BLM will not make a final be made public at any time. While you Ms. Klempel. You will receive a reply
leasing decision on the proposed LBA may request to us in your comment to during normal business hours. Normal
until the programmatic review has withhold your personal identifying business hours are 7:45 a.m. to 4:30
concluded. The BLM has confirmed that information from public review, we p.m., Monday through Friday, except for
the LMA is not subject to S.O. 3338’s cannot guarantee that we will be able to Federal holidays.
leasing pause because the lease tract is do so. SUPPLEMENTARY INFORMATION: The
less than 160 acres. As result, issuane of Authority: 40 CFR 1506.6, 43 CFR 3425.3, following described lands include the
the LMA can occur prior to the and 3425.4. proposed LUL amendment and have
finalization of the programmatic review. been determined as suitable for leasing
If the proposed tracts were to be Diane M. Friez,
under Section 302 of FLPMA (43 U.S.C.
leased to the applicant, the new lease District Manager.
1732):
and the modifications to the existing [FR Doc. 2016–29969 Filed 12–13–16; 8:45 am]
coal lease, LUP, and LUL, must be BILLING CODE 4310–DN–P Principal Meridian, Montana
incorporated into the existing approved T. 8 S., R. 39 E.,
mining and reclamation plans for the Sec. 22, N1⁄2SW1⁄4NE1⁄4,
mine. Before this can occur, the DEPARTMENT OF THE INTERIOR N1⁄2SE1⁄4SW1⁄4NE1⁄4, W1⁄2SE1⁄4NE1⁄4, and
Secretary of the Interior must approve SE1⁄4SE1⁄4NE1⁄4.
the revised Mineral Leasing Act (MLA) Bureau of Land Management T. 9 S., R. 39 E.,
Sec. 1, SE1⁄4SW1⁄4.
mining plan for the mine in which the [LLMTC02200–L14300000–EQ0000; MTM– T. 9 S., R. 40 E.,
tracts will be included. The OSMRE is 74913] Sec. 7, N1⁄2NE1⁄4, N1⁄2SW1⁄4NE1⁄4,
the Federal agency that is responsible N1⁄2SE1⁄4NE1⁄4, N1⁄2SW1⁄4 SW1⁄4NE 1⁄4,
for recommending approval, approval Notice of Realty Action: Proposed N1⁄2SE1⁄4SW1⁄4NE1⁄4,
with conditions, or disapproval of the Amendment to Noncompetitive Land N1⁄2SW1⁄4SE1⁄4NE1⁄4, and
revised MLA mining plan to the Use Lease MTM 74913, Montana N1⁄2SE1⁄4SE1⁄4NE1⁄4.
Secretary of the Interior, which is why Sec. 8, N1⁄2SW1⁄4NW1⁄4.
AGENCY: Bureau of Land Management, The areas described aggregate 255 acres.
it is a cooperator in this EIS. Interior.
In order to help facilitate its analysis, ACTION: Notice. The BLM is considering amending the
the BLM is providing interested parties existing LUL, which is 222.12 acres. The
sradovich on DSK3GMQ082PROD with NOTICES
the opportunity to submit comments SUMMARY: The Bureau of Land amendment would modify its size to
and relevant information to help the Management (BLM) has received a authorize the surface use of 255
BLM identify issues to be considered in proposal to amend Spring Creek Coal, additional acres of public lands for coal
preparing the Spring Creek Coal EIS. LLC’s existing Land Use Lease (LUL) mine layback, establishing a highwall
Issues that have been identified in MTM–74913, pursuant to Section 302 of crest, topsoil and overburden stockpiles,
analyzing the impacts of previous the Federal Land Policy and and transportation and utility corridors
Federal coal-leasing actions in the Management Act (FLPMA) of 1976, as on Spring Creek Coal, LLC’s existing
VerDate Sep<11>2014 18:45 Dec 13, 2016 Jkt 241001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.SGM 14DEN1](https://thefederalregister.org/doc/81_FR_90623/page/1.svg)
![90384 Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Notices
LUL MTM–74913. Although based on provisions of 43 CFR 2920.6 and 43 CFR Authority: 43 CFR 2920.4, 43 CFR 3430.3–
available information, the BLM 2920.8, respectively. This LUL 2
estimates that only 155 acres of amendment is consistent with the Diane M. Friez,
disturbance will occur within the 255 applicable Resource Management Plan. Eastern Montana/Dakotas District Manager.
acre area described above.
The amendment has been requested to The BLM will complete an [FR Doc. 2016–29964 Filed 12–13–16; 8:45 am]
facilitate recovery of coal reserves from environmental analysis addressing the BILLING CODE 4310–DN–P
Spring Creek Coal, LLC’s adjoining proposed LUL amendment, proposed
Federal coal leases MTM–94378 and amendment to an existing land use
MTM–69782, Montana State coal lease permit, coal lease modification, and coal INTERNATIONAL TRADE
C–1088–05, and for Spring Creek, LLC’s lease by application in accordance with COMMISSION
to ultimately access the coal contained the National Environmental Policy Act
within its pending coal lease of 1969, prior to making a decision to Notice of Receipt of Complaint;
modification MTM–94378 and coal approve the proposed applications. The Solicitation of Comments Relating to
lease by application MTM–105485, if BLM will solicit public comment in the Public Interest
they were to be approved. Layback on support of scoping for the AGENCY: U.S. International Trade
the area covered by the LUL is a critical environmental analysis. You may Commission.
component in coal surface mine review the proposed LUL amendment at ACTION: Notice.
recovery, which consists of a series of the BLM Miles City Field Office.
benches cut into the mine highwall to Interested parties may submit in writing SUMMARY: Notice is hereby given that
stabilize the wall as mining progresses any comments concerning the LUL the U.S. International Trade
into an area. amendment to the BLM Field Manager Commission has received a complaint
If the LUL amendment were to be entitled Certain Liquid Crystal Ewriters
listed under ADDRESSES above.
approved, the coal lessee will: (1) and Components Thereof, DN 3187 the
Remove the topsoil from the coal leases Comments on the proposed LUL Commission is soliciting comments on
and stockpile it on the above-described amendment should be specific, confined any public interest issues raised by the
lands and use it for reclamation after to issues pertinent to the proposed complaint or complainant’s filing under
mining; (2) Remove the overburden action, and should explain the reason § 210.8(b) of the Commission’s Rules of
from the pit and stockpile it on the for any recommended revisions. Where Practice and Procedure (19 CFR
subject lands to be used in post-mining possible, comments should reference 210.8(b)).
topography construction; (3) Locate an the specific section or paragraph of the
FOR FURTHER INFORMATION CONTACT: Lisa
electric line and distribution station proposal. The BLM is not obligated to
within the use area at a safe distance R. Barton, Secretary to the Commission,
consider or include in the U.S. International Trade Commission,
from the pit and grading activity; (4) Administrative Record comments
Construct access/haul roads to use in 500 E Street SW., Washington, DC
received after the close of the comment 20436, telephone (202) 205–2000. The
the mining process and to access the period or comments delivered to an
stockpiles; and (5) Cut benches into the public version of the complaint can be
address other than the one listed above. accessed on the Commission’s
mine highwall to stabilize the wall as
mining progresses into an area. Comments, including names and Electronic Document Information
The BLM is considering offering the street addresses of respondents, will be System (EDIS) at https://edis.usitc.gov,
land use lease amendment available for public review at the BLM and will be available for inspection
noncompetitively to Spring Creek Coal, Miles City Field Office address listed in during official business hours (8:45 a.m.
LLC to amend its existing LUL MTM– ADDRESSES above. Before including your to 5:15 p.m.) in the Office of the
74913 because the authorized officer has address, phone number, email address, Secretary, U.S. International Trade
determined that: (1) These parcels are or other personal identifying Commission, 500 E Street, SW.,
surrounded by land owned or controlled information in your comments, you Washington, DC 20436, telephone (202)
by Spring Creek Coal, LLC; and (2) It is should be aware that your entire 205–2000.
unlikely there would be interest in General information concerning the
comment—including your personal
competitive bidding in these lands. The Commission may also be obtained by
identifying information—may be made accessing its Internet server at United
BLM does not authorize mineral use publicly available at any time. While
under this LUL amendment; however, States International Trade Commission
you can ask us in your comment to (USITC) at https://www.usitc.gov. The
Spring Creek Coal, LLC applied for a
withhold your personal identifying public record for this investigation may
modification of coal lease MTM–94378
information from public review, we be viewed on the Commission’s
and submitted a coal lease by
application request (MTM–105485). The cannot guarantee that we will be able to Electronic Document Information
BLM will process the LUL amendment do so. System (EDIS) at https://edis.usitc.gov.
and coal lease modification Any adverse comments regarding the Hearing-impaired persons are advised
concurrently in accordance with 43 CFR proposed LUL amendment will be that information on this matter can be
2920 and 43 CFR 3432, and will process reviewed by the BLM Montana State obtained by contacting the
the lease by application separately in Director or other authorized official of Commission’s TDD terminal on (202)
accordance with 43 CFR 3425. the Department of the Interior, who may 205–1810.
Any application filed for this LUL SUPPLEMENTARY INFORMATION: The
sradovich on DSK3GMQ082PROD with NOTICES
sustain, vacate, or modify this realty
amendment must reference this Notice action in whole or in part. In the Commission has received a complaint
and provide a complete description of absence of timely filed objections, this and a submission pursuant to § 210.8(b)
the proposed project. If the BLM accepts realty action will become the final of the Commission’s Rules of Practice
the application to amend the LUL, the determination of the Department of the and Procedure filed on behalf of Kent
reimbursement of costs and the annual Interior. Displays, Inc. on December 8, 2016. The
rental is the responsibility of the complaint alleges violations of section
applicant in accordance with the 337 of the Tariff Act of 1930 (19 U.S.C.
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Document Created: 2016-12-14 00:48:44
Document Modified: 2016-12-14 00:48:44
| 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 | Proposed Amendment to Noncompetitive Land Use Lease MTM 74913, Montana | |
| Dates | Interested parties may submit comments on or before January 30, 2017. | |
| 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. | |
| FR Citation | 81 FR 90383 |
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