82 FR 47244 - Notice of Application for a Recordable Disclaimer of Interest: Harris County, Texas
DEPARTMENT OF THE INTERIOR
Bureau of Land Management Federal Register Volume 82, Issue 195 (October 11, 2017)
Bureau of Land Management
Federal Register Volume 82, Issue 195 (October 11, 2017)
| Page Range | 47244-47245 | |
| FR Document | 2017-21957 |
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)] [Notices] [Pages 47244-47245] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21957] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLNM004000 L54200000.FR0000 LVDIG17ZGKP0 17X] Notice of Application for a Recordable Disclaimer of Interest: Harris County, Texas AGENCY: Bureau of Land Management, Department of the Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Bureau of Land Management (BLM) received an application for a Recordable Disclaimer of Interest (RDI) from RKE-2 Real Estate, LLC, a Texas limited liability company, pursuant to Section 315 of the Federal Land Policy and Management Act of 1976 (FLPMA), as amended, and the implementing regulations for certain surface land located in Harris County, Texas. This Notice is intended to inform the public of the pending application, give notice of BLM's intention to grant the requested DRI, and provide a public comment period for the proposed Disclaimer of Interest. DATES: Comments on this action should be received by January 9, 2018. Absent any valid objection, this Notice will become the final determination of the Department of the Interior and an RDI may be issued January 9, 2018. [[Page 47245]] ADDRESSES: Additional information pertaining to this application can be reviewed in case file TXNM136311 located in the BLM Oklahoma Field Office, 201 Stephenson Parkway, Room 1200, Norman, OK 73072-2037. Written comments must be sent to the Deputy State Director, Lands and Resources, BLM, New Mexico State Office, P.O. Box 27115, Santa Fe, NM 87502-0115. FOR FURTHER INFORMATION CONTACT: John Ledbetter, Realty Specialist, BLM Oklahoma Field Office, (405) 579-7172, [email protected]. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339 to contact the above individual during normal business hours. The Service 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: RKE-2 Real Estate, LLC, submitted an application for a Disclaimer of Interest pursuant to Section 315 of the FLPMA, as amended, and the implementing regulations in 43 CFR subpart 1864. The purpose of this Disclaimer is to remove a cloud on the title of the surface estate of a parcel of land situated in Harris County, Texas. By deed dated October 6, 1936, the United States Department of Agriculture obtained multiple tracts of land in Harris County, Texas. In describing the acquired land, the acquisition deed first cited the legal description as ``Lots 1 to 16 inclusive of Block 18 of Highland Farms,'' as well as multiple other tracts. Following this initial description of the lots and blocks, the deed continued by restating the description of the same area as ``more particularly described by metes and bounds,'' and went on to cite a lengthy metes and bounds description. On January 1, 1944, the United States disposed of these acquired properties, except and reserving to the United States three-quarters of the oil, gas, coal, and other mineral rights. The resulting quitclaim deed cited the same metes and bounds description that was used in the 1936 acquisition deed, omitting the lots and blocks description. Thereafter, certain subsequent deeds, purporting to convey this same property, cited the lots and blocks descriptions included in the 1936 deed. It was apparently unknown at the time and did not become known until sometime later that these two descriptions of the same land from the 1936 deed did not match exactly. Due to the 1936 deed legal description inconsistency, the 1944 deed and other subsequent deeds were plagued with the same inconsistency in the description. The historical evidence provided by the applicant in the form of deeds and correctional documents demonstrate and support that the two descriptions used in the 1936 acquisition deed were not identical. This inconsistency remains to date and causes a cloud on the title. The BLM New Mexico State Office Cadastral Survey Program has reviewed and compared the legal land descriptions of the 1936 and 1944 deeds. According to the Land Surveyor Report dated September 26, 2016, the land description in the two deeds do not appear to be identical. However, since the subdivision plat is lacking in detail, and the two descriptions purport to describe the same property, the metes and bounds description must be either based on a survey the BLM does not have access to, or is the wrong interpretation of the plat. The discrepancy in descriptions manifests itself as a 0.2813-acre triangular parcel within Lot 16, Block 18, Highland Farms, and creates a cloud on the title. The BLM believes that the intent of the 1944 disposition deed was to dispose of the entire surface estate of the lot acquired in 1936, and not to reserve this triangular parcel. Therefore, in order to remove the cloud on the title to the lot, the BLM intends to disclaim the land described as: Harris, Texas All of Lot 16, Block 18, Highland Farms according to the plat or map recorded in Volume 7, Page 60 of the Map Records of Harris County, Texas (surface estate only). This proposed RDI does not address any mineral interest that may still be vested with the United States of America. The public is hereby notified that comments may be submitted to the Deputy State Director, Lands and Resources at the address shown above within the comment period identified in the notice. Any adverse comments will be evaluated by the State Director who may modify or vacate this action and issue a final determination. In the absence of any valid objection, this Notice will become the final determination of the Department of the Interior and a RDI may be issued 90 days from publication of this Notice. Comments, including names and street addresses of commenters, will be available for public review at the BLM New Mexico State Office (see address above), during regular business hours, Monday through Friday, except Federal holidays. 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. Authority: 43 CFR 1864.2(a). Melanie Barnes, Deputy State Director, Lands and Resources. [FR Doc. 2017-21957 Filed 10-10-17; 8:45 am] BILLING CODE 4310-FB-P
![47244 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices
ACTION:Notice of availability; request salamander was listed by the Service as Public Comments
for comments. endangered on September 21, 2000 (65 If you wish to comment on the permit
FR 57242). Section 9 of the ESA and its application, draft HCP, and associated
SUMMARY: We, the U.S. Fish and implementing regulations prohibit the
Wildlife Service (Service), have received documents, you may submit comments
‘‘take’’ of fish or wildlife species listed by one of the methods in ADDRESSES.
an application from Mr. Robert as endangered or threatened. ‘‘Take’’ is
Campbell for an incidental take permit defined under the ESA to include the Public Availability of Comments
under the Endangered Species Act of following activities: ‘‘[T]o harass, harm,
1973, as amended. The permit would Before including your address, phone
pursue, hunt, shoot, wound, kill, trap, number, email address, or other
authorize take of the federally capture, or collect, or to attempt to
endangered California tiger salamander personal identifying information in your
engage in any such conduct’’ (16 U.S.C. comment, you should be aware that
(Santa Barbara distinct population 1532); however, under section
segment), incidental to otherwise lawful your entire comment, including your
10(a)(1)(B) of the ESA, we may issue personal identifying information, may
activities associated with the Campbell permits to authorize incidental take of
Home Ranch draft low-effect habitat be made publicly available at any time.
listed species. ‘‘Incidental take’’ is While you can ask us in your comment
conservation plan. We invite public defined by the ESA as take that is
comment. to withhold your personal identifying
incidental to, and not the purpose of, information from public view, we
DATES: Written comments should be carrying out of an otherwise lawful cannot guarantee that we will be able to
received on or before November 13, activity. Regulations governing do so.
2017. incidental take permits for threatened
and endangered species are in the Code Authority
ADDRESSES: To obtain documents: You
may download a copy of the draft of Federal Regulations (CFR) at 50 CFR We provide this notice under section
habitat conservation plan and draft low- 17.32 and 17.22, respectively. Under the 10 of the ESA (16 U.S.C. 1531 et seq.)
effect screening form and environmental ESA, protections for federally listed and NEPA regulations (40 CFR 1506.6).
action statement at http://www.fws.gov/ plants differ from the protections Dated: September 27, 2017.
ventura/, or you may request copies of afforded to federally listed animals.
Stephen P. Henry,
the documents by sending U.S. mail to Issuance of an incidental take permit
also must not jeopardize the existence of Field Supervisor, Ventura Fish and Wildlife
our Ventura office, or by phone (see FOR Office Ventura, California.
FURTHER INFORMATION CONTACT). federally listed fish, wildlife, or plant
[FR Doc. 2017–21914 Filed 10–10–17; 8:45 am]
To submit written comments: Please species. All species included in the
incidental take permit would receive BILLING CODE 4333–15–P
send us your written comments using
one of the following methods: assurances under our ‘‘No Surprises’’
• U.S. mail: Send your comments to: regulations (50 CFR 17.22(b)(5) and
DEPARTMENT OF THE INTERIOR
Stephen P. Henry, Field Supervisor, 17.32(b)(5)).
Ventura Fish and Wildlife Office, U.S. Applicant’s Proposed Activities Bureau of Land Management
Fish and Wildlife Service, 2493 Portola
Road, Suite B, Ventura, CA 93003. The applicant has applied for a permit [LLNM004000 L54200000.FR0000
• Facsimile: Fax your comments to for incidental take of the California tiger LVDIG17ZGKP0 17X]
805–644–3958. salamander. The potential take will Notice of Application for a Recordable
FOR FURTHER INFORMATION CONTACT: occur in association with activities Disclaimer of Interest: Harris County,
Rachel Henry, Fish and Wildlife necessary for the installation and Texas
Biologist, 805–677–3312 (phone), or at operation of vineyard, berries and other
the Ventura address in ADDRESSES. agricultural development activities and/ AGENCY: Bureau of Land Management,
SUPPLEMENTARY INFORMATION: We have or construction of a residential Department of the Interior.
received an application from Mr. Robert development including one single- ACTION: Notice.
Campbell (applicant) for an incidental family residence. The HCP includes
take permit under the Endangered avoidance and minimization measures SUMMARY: The Bureau of Land
Species Act of 1973, as amended (16 for the covered species and mitigation Management (BLM) received an
U.S.C. 1531 et seq.; ESA). The applicant for unavoidable loss of occupied upland application for a Recordable Disclaimer
has agreed to follow all of the habitat through establishment of a of Interest (RDI) from RKE–2 Real Estate,
conditions in the draft habitat conservation easement on applicant- LLC, a Texas limited liability company,
conservation plan for the project. The owned land. pursuant to Section 315 of the Federal
permit would authorize take of the Land Policy and Management Act of
Our Preliminary Determination 1976 (FLPMA), as amended, and the
Santa Barbara distinct population
segment of the federally endangered The Service has made a preliminary implementing regulations for certain
California tiger salamander (Ambystoma determination that issuance of the surface land located in Harris County,
californiense) incidental to otherwise incidental take permit is neither a major Texas. This Notice is intended to inform
lawful activities associated with the Federal action that will significantly the public of the pending application,
draft Campbell Home Ranch Habitat affect the quality of the human give notice of BLM’s intention to grant
the requested DRI, and provide a public
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Conservation Plan (HCP). We invite environment within the meaning of
public comment on the application, the section 102(2)(C) of the National comment period for the proposed
draft HCP, draft low-effect screening Environmental Policy Act (42 U.S.C. Disclaimer of Interest.
form, and environmental action 4321 et seq.; NEPA), nor will it DATES: Comments on this action should
statement. individually or cumulatively have more be received by January 9, 2018. Absent
than a negligible effect on the species any valid objection, this Notice will
Background covered in the HCP. Therefore, the become the final determination of the
The Santa Barbara distinct population permit qualifies for a categorical Department of the Interior and an RDI
segment (DPS) of the California tiger exclusion under NEPA. may be issued January 9, 2018.
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![Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 47245
ADDRESSES: Additional information The historical evidence provided by the comment, you should be aware that
pertaining to this application can be applicant in the form of deeds and your entire comment—including your
reviewed in case file TXNM136311 correctional documents demonstrate personal identifying information—may
located in the BLM Oklahoma Field and support that the two descriptions be made publicly available at any time.
Office, 201 Stephenson Parkway, Room used in the 1936 acquisition deed were While you can ask us in your comment
1200, Norman, OK 73072–2037. Written not identical. This inconsistency to withhold your personal identifying
comments must be sent to the Deputy remains to date and causes a cloud on information from public review, we
State Director, Lands and Resources, the title. cannot guarantee that we will be able to
BLM, New Mexico State Office, P.O. The BLM New Mexico State Office do so.
Box 27115, Santa Fe, NM 87502–0115. Cadastral Survey Program has reviewed
Authority: 43 CFR 1864.2(a).
FOR FURTHER INFORMATION CONTACT: John and compared the legal land
Ledbetter, Realty Specialist, BLM descriptions of the 1936 and 1944 Melanie Barnes,
Oklahoma Field Office, (405) 579–7172, deeds. According to the Land Surveyor Deputy State Director, Lands and Resources.
jledbetter@blm.gov. Persons who use a Report dated September 26, 2016, the [FR Doc. 2017–21957 Filed 10–10–17; 8:45 am]
telecommunications device for the deaf land description in the two deeds do not BILLING CODE 4310–FB–P
(TDD) may call the Federal Relay appear to be identical. However, since
Service (FRS) at 1–800–877–8339 to the subdivision plat is lacking in detail,
contact the above individual during and the two descriptions purport to DEPARTMENT OF THE INTERIOR
normal business hours. The Service is describe the same property, the metes
available 24 hours a day, 7 days a week, and bounds description must be either Bureau of Land Management
to leave a message or question with the based on a survey the BLM does not
above individual. You will receive a have access to, or is the wrong [LLWYR01000 L14400000.ER0000 17X;
reply during normal business hours. interpretation of the plat. The WYW–165353]
discrepancy in descriptions manifests
SUPPLEMENTARY INFORMATION: RKE–2 Notice of Intent To Prepare an
itself as a 0.2813-acre triangular parcel
Real Estate, LLC, submitted an within Lot 16, Block 18, Highland Environmental Impact Statement for
application for a Disclaimer of Interest Farms, and creates a cloud on the title. the Alkali Creek Reservoir Project, Big
pursuant to Section 315 of the FLPMA, The BLM believes that the intent of the Horn County, Wyoming
as amended, and the implementing 1944 disposition deed was to dispose of
regulations in 43 CFR subpart 1864. The the entire surface estate of the lot AGENCY: Bureau of Land Management,
purpose of this Disclaimer is to remove acquired in 1936, and not to reserve this Interior.
a cloud on the title of the surface estate triangular parcel. Therefore, in order to ACTION: Notice of intent.
of a parcel of land situated in Harris remove the cloud on the title to the lot,
County, Texas. the BLM intends to disclaim the land SUMMARY: Pursuant to the National
By deed dated October 6, 1936, the Environmental Policy Act of 1969, as
described as:
United States Department of Agriculture amended (NEPA), and the Federal Land
obtained multiple tracts of land in Harris, Texas Policy and Management Act of 1976, as
Harris County, Texas. In describing the All of Lot 16, Block 18, Highland amended (FLPMA), the Bureau of Land
acquired land, the acquisition deed first Farms according to the plat or map Management (BLM), through the
cited the legal description as ‘‘Lots 1 to recorded in Volume 7, Page 60 of the Worland Field Office, Worland,
16 inclusive of Block 18 of Highland Map Records of Harris County, Texas Wyoming, intends to prepare an
Farms,’’ as well as multiple other tracts. (surface estate only). Environmental Impact Statement (EIS)
Following this initial description of the This proposed RDI does not address for the proposed Alkali Creek Reservoir
lots and blocks, the deed continued by any mineral interest that may still be Project (Project). The BLM, through this
restating the description of the same vested with the United States of Notice, is announcing the beginning of
area as ‘‘more particularly described by America. the scoping process to solicit public
metes and bounds,’’ and went on to cite The public is hereby notified that comments and identify issues.
a lengthy metes and bounds description. comments may be submitted to the DATES: Comments may be submitted in
On January 1, 1944, the United States Deputy State Director, Lands and writing until November 13, 2017. In
disposed of these acquired properties, Resources at the address shown above order to be included in the analysis, all
except and reserving to the United within the comment period identified in comments must be received prior to the
States three-quarters of the oil, gas, coal, the notice. Any adverse comments will close of the 30-day scoping period or 15
and other mineral rights. The resulting be evaluated by the State Director who days after the last public meeting,
quitclaim deed cited the same metes may modify or vacate this action and whichever is later. The BLM will
and bounds description that was used in issue a final determination. provide additional opportunities for
the 1936 acquisition deed, omitting the In the absence of any valid objection, public participation, as appropriate. The
lots and blocks description. Thereafter, this Notice will become the final dates and locations of any scoping
certain subsequent deeds, purporting to determination of the Department of the meetings will be announced at least 15
convey this same property, cited the lots Interior and a RDI may be issued 90 days in advance through the local news
and blocks descriptions included in the days from publication of this Notice. media, newspapers, and the BLM
asabaliauskas on DSKBBXCHB2PROD with NOTICES
1936 deed. It was apparently unknown Comments, including names and ePlanning Web site at: http://rebrand.ly/
at the time and did not become known street addresses of commenters, will be AlkaliCreekReservoirEIS.
until sometime later that these two available for public review at the BLM
descriptions of the same land from the New Mexico State Office (see address ADDRESSES: You may submit written
1936 deed did not match exactly. Due above), during regular business hours, comments by any of the following
to the 1936 deed legal description Monday through Friday, except Federal methods:
inconsistency, the 1944 deed and other holidays. Before including your address, • Email: BLM_WY_
subsequent deeds were plagued with the phone number, email address, or other AlkaliCreekReservoirEIS@blm.gov.
same inconsistency in the description. personal identifying information in your • Fax: 307–347–5128.
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Document Created: 2018-10-25 10:01:24
Document Modified: 2018-10-25 10:01:24
| 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 | Notice. | |
| Dates | Comments on this action should be received by January 9, 2018. Absent any valid objection, this Notice will become the final determination of the Department of the Interior and an RDI may be issued January 9, 2018. | |
| Contact | John Ledbetter, Realty Specialist, BLM Oklahoma Field Office, (405) 579-7172, [email protected] Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339 to contact the above individual during normal business hours. The Service 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 | 82 FR 47244 |
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