82 FR 52937 - Initial Classification and Extension of the Proposed Classification and Segregation for State In Lieu Selection, Montana

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 82, Issue 219 (November 15, 2017)

The Montana Department of Natural Resources and Conservation (State) has filed a petition for classification and application to obtain public lands and the mineral estate in lieu of lands to which the State was entitled, but did not receive, under its Statehood Act. This classification, made under Section 7 of the Taylor Grazing Act of June 8, 1934, partially satisfies the obligation to the State. This Notice also extends the segregation initiated by that application, and the proposed classification published in the Federal Register on October 17, 2016, for the remaining lands included in the State's application to allow continued review to determine suitability.

[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Notices]
[Pages 52937-52938]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24665]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLMT924000 L14400000.FR0000 17XL1109AF; MO#4500106754; MTM 108489]


Initial Classification and Extension of the Proposed 
Classification and Segregation for State In Lieu Selection, Montana

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of lands suitable for conveyance.

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SUMMARY: The Montana Department of Natural Resources and Conservation 
(State) has filed a petition for classification and application to 
obtain public lands and the mineral estate in lieu of lands to which 
the State was entitled, but did not receive, under its Statehood Act. 
This classification, made under Section 7 of the Taylor Grazing Act of 
June 8, 1934, partially satisfies the obligation to the State. This 
Notice also extends the segregation initiated by that application, and 
the proposed classification published in the Federal Register on 
October 17, 2016, for the remaining lands included in the State's 
application to allow continued review to determine suitability.

DATES: Written comments requesting administrative review regarding the 
classification of lands and minerals may be submitted to the Secretary 
of the Interior (Secretary) on or before December 15, 2017. Additional 
administrative review requirements are found in the SUPPLEMENTARY 
INFORMATION section.

ADDRESSES: Send requests for administrative review to the Secretary of 
the Interior, 1849 C Street NW., Room 2134LM, WO-350 (Wilhight), 
Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Renee Johnson, Branch of Lands, 
Realty, and Renewable Energy; telephone (406) 896-5028; email 
[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 FRS 
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: Sections 2275 and 2276 of the Revised 
Statutes, as amended (43 U.S.C. 851 and 852), provide authority for the 
State of Montana to receive title to public land in lieu of lands to 
which it was entitled under the Enabling Act of 1889 (25 Stat. 676) but 
did not receive because the lands were either encumbered or no longer 
held in Federal ownership.
    Section 7 of the Taylor Grazing Act of June 8, 1934 (43 U.S.C. 315 
et seq.) requires that such public lands and/or minerals identified for 
proposed transfers out of Federal ownership under this authority must 
first be classified. The Bureau of Land Management (BLM) is classifying 
these lands and minerals pursuant to 43 CFR 2400 and Section 7 of the 
Taylor Grazing Act of June 8, 1934. The BLM has completed a review and 
environmental analysis on a portion of the lands included in the 
proposed classification dated October 17, 2016 (80 FR 71529), and is 
hereby classifying 2,126.11 acres as suitable for conveyance. The 
environmental analysis resulted in a Finding of No Significant Impact. 
The BLM is continuing review of the remaining 13,929.63 acres of the 
total 16,055.74 acres included in the proposed classification.
    For a period of 30 days from the date of publication of this 
Notice, this classification is subject to the exercise of 
administrative review and modification by the Secretary as provided for 
under 43 CFR 2461.3. All persons who wish to request that the Secretary 
conduct an administrative review of the finding that these lands are 
suitable for conveyance to the State may present their views to the 
address given in the ADDRESSES section above. Electronic mail, 
facsimile, or telephone requests will not be accepted. Requests for 
administrative review will be evaluated by the Secretary, or his 
delegate, who will issue a notice of determination to proceed with, 
modify, or cancel the initial classification. In the absence of any 
requests for administrative review, this initial classification will 
become final and effective on December 15, 2017.
    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 request to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.
    The lands/minerals affected by this classification are in Chouteau, 
Hill, and Custer Counties, Montana, and are described as follows:

[[Page 52938]]

Principal Meridian, Montana

T. 29 N., R. 11 E.,
    Sec. 21, N\1/2\NE\1/4\ and N\1/2\NW\1/4\;
    Sec. 22, NW\1/4\NW\1/4\.
T. 29 N., R. 12 E.,
    Sec. 9, W\1/2\ and SE\1/4\;
    Sec. 21, N\1/2\NE\1/4\ and N\1/2\NW\1/4\;
    Sec. 22;
    Sec. 28, W\1/2\;
    Sec. 29, E\1/2\NE\1/4\ and E\1/2\SE\1/4\.
T. 30 N., R. 12 E.,
    Sec. 35, SE\1/4\.
T. 7 N., R. 47 E.,
    tracts DD and FF.

    The areas described aggregate 2,126.11 acres.

    The BLM has examined the lands described above for evidence of 
valid existing rights and any constraints that would prevent 
conveyance. No persons other than holders of leases, permits, and 
rights-of-way, asserted a claim to, or interest in, the lands proposed 
for classification.
    When the selection is certified to the State, the document 
transferring title will contain the following reservations to the 
United States:
    1. A right-of-way thereon for ditches and canals constructed by the 
authority of the United States, pursuant to the Act of August 30, 1890, 
26 Stat. 391 (43 U.S.C. 945).
    2. A right-of-way for a storm water drainage system and all 
appurtenances thereto, through, over, and upon the land described as 
tracts DD and FF, T.7N, R.47E, Principal Meridian, Montana, including 
the right of the United States and its agents, assigns, or employees, 
to enter upon, maintain, operate, repair, or improve the same, so long 
as needed or used for or by the United States.
    The title will also be taken subject to:
    1. Those rights for a power line granted to MDU Resources Group, 
Inc., its successors or assigns, by right-of-way No. MTM 91401, 
pursuant to the Act of October 21, 1976 (43 U.S.C. 1761), located in 
tracts DD and FF, T. 7 N., R. 47 E., Principal Meridian, Montana.
    2. Those rights for a power line granted to Northwestern 
Corporation, its successors or assigns, by right-of-way No. MTM 108329, 
pursuant to the Act of October 21, 1976 (43 U.S.C. 1761), located in 
sections 21, 22, 28, and 29, T. 29 N., R. 12. E., Principal Meridian, 
Montana.
    3. Those rights for a water pipeline granted to Loma Sewer and 
Water, its successors or assigns, by right-of-way No. MTM 93467, 
pursuant to the Act of October 21, 1976 (43 U.S.C. 1761), located in 
the E\1/2\NE\1/4\ and E\1/2\SE\1/4\, section 29, T. 29 N., R. 12. E., 
Principal Meridian, Montana.
    Right-of-way holders will be afforded the opportunity to modify 
their existing authorization per 43 CFR 2807.15 prior to official 
transfer of the lands to the State.
    The subject lands contain grazing leases authorized under Section 
15 of the Taylor Grazing Act. The holders of the BLM grazing use 
authorizations received the required 2-year notices as outlined in 43 
CFR 4110.4-2(b). The lands will not be conveyed until expiration of the 
2-year period or receipt of a waiver from the current holder. State of 
Montana procedures provide that upon Land Board Approval, the State 
will offer 10-year grazing leases to the current holders of BLM 
permits/leases on any transferred lands.
    The lands contain no oil and gas, geothermal, or other leases 
issued under the authority of the Mineral Leasing Act of 1920 (30 
U.S.C. 181 et seq.). No mining claims are recorded with the BLM on 
these lands, nor was any evidence of mining activity found on the 
ground. Title will not be subject to the agricultural leases issued 
under the authority of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1732) that expire on December 31, 2017.
    This Notice also extends the proposed classification and 
segregation of the land contained in the State's application, but not 
yet found suitable for conveyance, for a period of 2 additional years 
through December 1, 2019. These lands remain segregated from all forms 
of disposal under the public land laws, including the mining laws, 
except for the form of land disposal specified in the notice of 
proposed classification. This publication does not alter the 
applicability of the public land laws governing the use of the lands 
under lease, license, or permits or governing the disposal of their 
mineral and vegetative resources, other than under the mining laws.
    The segregative effect of this extension will terminate in one of 
the following ways:
    (1) Classification of the lands within 2 years of publication of 
this notice of extension of the proposed classification in the Federal 
Register;
    (2) Publication of a notice of termination of the proposed 
classification in the Federal Register;
    (3) An Act of Congress; or
    (4) Expiration of the additional 2-year period extending the 
proposed classification afforded by publication of this Notice.

    Authority: 43 CFR parts 2400 and 2621.

Jon K. Raby,
Acting State Director, Montana/Dakotas.
[FR Doc. 2017-24665 Filed 11-14-17; 8:45 am]
 BILLING CODE 4310-DN-P