82_FR_60660 82 FR 60417 - Notice of Realty Action: Proposed Non-Competitive (Direct) Sale of Public Land in Santa Barbara County, CA

82 FR 60417 - Notice of Realty Action: Proposed Non-Competitive (Direct) Sale of Public Land in Santa Barbara County, CA

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 82, Issue 243 (December 20, 2017)

Page Range60417-60418
FR Document2017-27414

The Bureau of Land Management (BLM) is proposing to sell 5.93 acres of public land to resolve an unauthorized use and occupancy in Santa Barbara County, California, to Arc Vineyards, LLC, under the Federal Land Policy and Management Act of 1976 (FLPMA), as amended, at not less than the fair market value of $19,500.

Federal Register, Volume 82 Issue 243 (Wednesday, December 20, 2017)
[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Notices]
[Pages 60417-60418]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27414]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCAC06000 L14400000 EU0000 17X L1109AF; CACA 52759]


Notice of Realty Action: Proposed Non-Competitive (Direct) Sale 
of Public Land in Santa Barbara County, CA

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) is proposing to sell 5.93 
acres of public land to resolve an unauthorized use and occupancy in 
Santa Barbara County, California, to Arc Vineyards, LLC, under the 
Federal Land Policy and Management Act of 1976 (FLPMA), as amended, at 
not less than the fair market value of $19,500.

DATES: Submit written comments to the BLM at the address below. 
Comments must be received by the BLM on or before February 5, 2018.

ADDRESSES: Bureau of Land Management, Bakersfield Field Office, 4801 
Pegasus Dr., Bakersfield, CA 93308. Attn: Gabriel Garcia, Field 
Manager.

FOR FURTHER INFORMATION CONTACT: Maria Soto, Realty Specialist, 661-
391-6023, at the above address or email to [email protected]. Persons who 
use a telecommunication device for the deaf (TDD) may call the Federal 
Relay Service (FRS) at 1-800-877-8339 to leave a message or question 
for the above individual. FRS is available 24 hours a day, 7 days a 
week. Replies are provided during normal business hours.

SUPPLEMENTARY INFORMATION: The following described land located in 
Santa Barbara County, California, is proposed for direct sale under the 
authority of Section 203 of FLPMA (43 U.S.C. 1713).

San Bernardino Meridian, California

T. 9 N, R. 33 W,

Sec. 20, lot 1.

    The area described contains 5.93 acres.
    The BLM determined the land is no longer required for any other 
Federal purpose. A direct sale of this parcel is in conformance with 
the 1997 Caliente Resource Management Plan (RMP), as amended by 
Environmental Assessment DOI-BLM-CA-C060-2012-0021 Decision Record 
signed on July 2, 2014. Subsequently, the 2014 Bakersfield RMP replaced 
the Caliente RMP. The parcel was identified as suitable for disposal 
and sale under Section 203 of FLPMA and is limited to the smallest 
acreage necessary to resolve the unauthorized use and occupancy. The 
BLM found no significant biological or cultural resource values on the 
lands and expects no impacts to resource values from this action. An 
Environmental Site Assessment has been performed and is available for 
review. The sale would dispose of an isolated public land parcel that 
is difficult to manage because it is completely surrounded by private 
land and there is no legal access, would

[[Page 60418]]

allow the buyer to resolve an inadvertent unauthorized use (43 CFR 
2711.3-3(a)(5)) and would set aside the unused area to meet Santa 
Barbara County's development/permitting requirements for open space. 
There is no public access. Arc Vineyards owns and controls the access 
to this public land parcel across its private land north and adjacent 
to the parcel.
    The regulation at 43 CFR 2711.3-3(a)(5) authorizes the BLM to make 
direct sale of public lands when a competitive sale is not appropriate 
and the public interest would be best served by a direct sale. The BLM 
determined a direct sale will serve important public objectives by 
disposing of a parcel of isolated public land that the public cannot 
use or legally access and that the BLM cannot properly manage, and to 
resolve the inadvertent unauthorized use and occupancy of the land. The 
BLM prepared a mineral potential report dated October 25, 2011, 
concluding there are known mineral values in the land offered for sale. 
Therefore, the BLM will reserve the Federal mineral interest to the 
United States. Such minerals will be subject to the right to explore, 
prospect for, mine, and remove under applicable law and regulations.
    On December 20, 2017, the above described parcel will be segregated 
from appropriation under the public land laws, including the mining 
laws, except the sale provisions of the FLPMA. Until completion of the 
sale or termination of the segregation, the BLM will no longer accept 
land-use applications affecting the identified public lands, except 
applications for the amendment of previously filed right-of-way 
applications or existing authorizations to increase the term of the 
grants in accordance with 43 CFR 2807.15 and 2886.15. The segregation 
will terminate upon issuance of a patent, publication in the Federal 
Register of a termination of the segregation, or 2 years after the date 
of publication, whichever occurs first, unless extended by the BLM 
State Director in accordance with 43 CFR 2711.1-2(d) prior to the 
termination date. The BLM will also publish this Notice in the Santa 
Maria Times once a week for 3 consecutive weeks. The parcel will not be 
sold until at least 60 days after the date of publication of this 
Notice in the Federal Register.
    Conveyance of the identified public land would be subject to valid 
existing rights of record and the following terms, conditions, and 
reservations:
    1. A right-of-way thereon for ditches and canals constructed by 
authority of the United States, Act of August 30, 1890 (43 U.S.C. 945).
    2. A reservation of all minerals to the United States, and the 
right to prospect for, mine, and remove the minerals under applicable 
law and any regulations that the Secretary of the Interior may 
prescribe, including all necessary access and exit rights.
    3. An appropriate indemnification clause protecting the United 
States from claims arising out of the patentee's use, occupancy, or 
occupation on the patented land.
    Detailed information, including NEPA documentation and all other 
documents associated with this sale, are available for review during 
the 45-day public comment period for this notice at the Bakersfield 
Field Office at the above address.
    For a period until February 5, 2018, interested parties and the 
general public may submit in writing any comments concerning the land 
being considered for sale, including notification of any encumbrances 
or other claims relating to the identified land, to the Field Manager, 
BLM Bakersfield Field Office, at the above address. Email will also be 
accepted and should be sent to: 
[email protected] with ``Public Land Sale'' 
inserted in the subject line. Comments, including names and street 
addresses or respondents, will be available for public review at the 
BLM Bakersfield Office at the above address.
    Individual respondents may request confidentiality. Before 
including your address, telephone number, email address, or other 
personal identifying information in your comment, the BLM will make 
your entire comment--including your personal identifying information--
publicly available at any time. While you can ask in your comment to 
withhold your personal identifying information from public review, we 
cannot guarantee that we will be able to do so. If you wish to have 
your name or address withheld from public disclosure under the Freedom 
of Information Act, you must state this prominently at the beginning of 
your comments. Any determination by the BLM to release or withhold the 
names and/or addresses of those who comment will be made on a case-by-
case basis. Such requests will be honored to the extent allowed by law. 
The BLM will make available for public review, in their entirety, all 
comments submitted by businesses or organizations, including comments 
by individuals in their capacity as an official or representative of a 
business or organization.
    The BLM California State Director or other authorized official of 
the Department of the Interior will review comments regarding the sale 
and 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 2710 and 43 CFR 2711)

Danielle Chi,
Deputy State Director, Division of Resources.
[FR Doc. 2017-27414 Filed 12-19-17; 8:45 am]
 BILLING CODE 4310-40-P



                                                                         Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices                                              60417

                                                incidental take of covered species from                 application, the Hinkley HCP, and                     ACTION:   Notice of realty action.
                                                groundwater remediation activities,                     proposed permitting decision.
                                                including the avoidance, minimization,                                                                        SUMMARY:   The Bureau of Land
                                                                                                        Public Availability of Comments                       Management (BLM) is proposing to sell
                                                and mitigation of impacts to covered
                                                species within the 29,927-acre plan area                  Written comments we receive become                  5.93 acres of public land to resolve an
                                                for 50 years. The proposed Hinkley HCP                  part of the public record associated with             unauthorized use and occupancy in
                                                is a conservation plan for two species,                 this action. Before including your                    Santa Barbara County, California, to Arc
                                                the desert tortoise (federally listed as                address, phone number, email address,                 Vineyards, LLC, under the Federal Land
                                                threatened) and the Mohave ground                       or other personal identifying                         Policy and Management Act of 1976
                                                squirrel (not currently listed). The                    information in your comment, you                      (FLPMA), as amended, at not less than
                                                groundwater remediation activities that                 should be aware that your entire                      the fair market value of $19,500.
                                                will be covered by the ITP include                      comment—including your personal                       DATES: Submit written comments to the
                                                groundwater monitoring, freshwater                      identifying information—may be made                   BLM at the address below. Comments
                                                injection into the water table, operation               publicly available at any time. While                 must be received by the BLM on or
                                                of agricultural units for bioremediation,               you may request in your comment that                  before February 5, 2018.
                                                below- and above-ground treatments,                     we withhold your personal identifying                 ADDRESSES: Bureau of Land
                                                access road construction, structure                     information from public review, we                    Management, Bakersfield Field Office,
                                                demolition, and emergency repair of                     cannot guarantee that we will be able to              4801 Pegasus Dr., Bakersfield, CA
                                                infrastructure. Potential impacts to                    do so. All submissions from                           93308. Attn: Gabriel Garcia, Field
                                                covered species include disruption of                   organizations or businesses, and from                 Manager.
                                                normal behavior by covered activities,                  individuals identifying themselves as
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                movement of animals away from work                      representatives or officials of
                                                                                                                                                              Maria Soto, Realty Specialist, 661–391–
                                                areas, and injury or death due to                       organizations or businesses, will be
                                                                                                                                                              6023, at the above address or email to
                                                construction activities. The Hinkley                    made available for public disclosure in
                                                                                                                                                              msoto@blm.gov. Persons who use a
                                                HCP would provide a comprehensive                       their entirety.
                                                                                                                                                              telecommunication device for the deaf
                                                approach to the protection and                          Next Steps                                            (TDD) may call the Federal Relay
                                                management of these species and their                                                                         Service (FRS) at 1–800–877–8339 to
                                                                                                           Issuance of an incidental take permit
                                                habitat within the plan area.                                                                                 leave a message or question for the
                                                                                                        is a Federal proposed action subject to
                                                   The plan area is approximately 29,927                compliance with NEPA. We will                         above individual. FRS is available 24
                                                acres, and includes all areas within                    evaluate the application, associated                  hours a day, 7 days a week. Replies are
                                                which PG&E is proposing to conduct                      documents, and any public comments                    provided during normal business hours.
                                                groundwater remediation activities. The                 we receive to determine whether the                   SUPPLEMENTARY INFORMATION: The
                                                plan area is common to both alternatives                application meets the requirements of                 following described land located in
                                                analyzed in the EA, and represents the                  section 10(a) of the ESA. If we                       Santa Barbara County, California, is
                                                surface area above the projected                        determine that those requirements are                 proposed for direct sale under the
                                                maximum spatial extent of                               met, we will issue a permit to the                    authority of Section 203 of FLPMA (43
                                                contaminated groundwater. The plan                      applicant for the incidental take of the              U.S.C. 1713).
                                                area also defines the maximum spatial                   covered species. We will make our final               San Bernardino Meridian, California
                                                extent of surface areas within which                    permit decision no sooner than 30 days
                                                PG&E may implement groundwater                                                                                T. 9 N, R. 33 W,
                                                                                                        after the public comment period closes.               Sec. 20, lot 1.
                                                remediation activities, and the
                                                maximum spatial extent of potential                     Authority                                                The area described contains 5.93
                                                groundwater effects such as drawdown                      We provide this notice under section                acres.
                                                or accumulation of remediation                          10(c) of the ESA (16 U.S.C. 1531 et seq.)                The BLM determined the land is no
                                                byproducts.                                             and its implementing regulations (50                  longer required for any other Federal
                                                Alternatives                                            CFR 17.22 and 17.32) and NEPA (42                     purpose. A direct sale of this parcel is
                                                                                                        U.S.C. 4321 et seq.) and its                          in conformance with the 1997 Caliente
                                                   We considered two alternatives in the                implementing regulations (40 CFR                      Resource Management Plan (RMP), as
                                                EA: (1) The Proposed Action as                          1506.6).                                              amended by Environmental Assessment
                                                described in the HCP, and (2) the No                                                                          DOI–BLM–CA–C060–2012–0021
                                                Action alternative. Two other                           G. Mendel Stewart,                                    Decision Record signed on July 2, 2014.
                                                alternatives, discussed in the HCP as                   Field Supervisor, Carlsbad Fish and Wildlife          Subsequently, the 2014 Bakersfield RMP
                                                alternatives considered but not utilized,               Office, Carlsbad, California.                         replaced the Caliente RMP. The parcel
                                                were not carried forward for analysis in                [FR Doc. 2017–27440 Filed 12–19–17; 8:45 am]          was identified as suitable for disposal
                                                the EA. The No Action alternative is                    BILLING CODE 4333–15–P                                and sale under Section 203 of FLPMA
                                                based on PG&E’s continued                                                                                     and is limited to the smallest acreage
                                                implementation of groundwater                                                                                 necessary to resolve the unauthorized
                                                remediation activities, consistent with                 DEPARTMENT OF THE INTERIOR                            use and occupancy. The BLM found no
                                                current laws and regulations, in areas                  Bureau of Land Management                             significant biological or cultural
                                                where take of listed species would be                                                                         resource values on the lands and
                                                avoided; under this alternative we                      [LLCAC06000 L14400000 EU0000 17X                      expects no impacts to resource values
sradovich on DSK3GMQ082PROD with NOTICES




                                                would not issue an ITP.                                 L1109AF; CACA 52759]                                  from this action. An Environmental Site
                                                                                                                                                              Assessment has been performed and is
                                                Request for Comments                                    Notice of Realty Action: Proposed
                                                                                                                                                              available for review. The sale would
                                                                                                        Non-Competitive (Direct) Sale of Public
                                                  Consistent with section 10(c) of the                                                                        dispose of an isolated public land parcel
                                                                                                        Land in Santa Barbara County, CA
                                                ESA, we invite your submission of                                                                             that is difficult to manage because it is
                                                written comments, data, or arguments                    AGENCY:     Bureau of Land Management,                completely surrounded by private land
                                                with respect to PG&E’s permit                           Interior.                                             and there is no legal access, would


                                           VerDate Sep<11>2014   21:36 Dec 19, 2017   Jkt 244001   PO 00000   Frm 00049   Fmt 4703   Sfmt 4703   E:\FR\FM\20DEN1.SGM   20DEN1


                                                60418                    Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices

                                                allow the buyer to resolve an                              2. A reservation of all minerals to the            comments regarding the sale and may
                                                inadvertent unauthorized use (43 CFR                    United States, and the right to prospect              sustain, vacate, or modify this realty
                                                2711.3–3(a)(5)) and would set aside the                 for, mine, and remove the minerals                    action in whole or in part. In the
                                                unused area to meet Santa Barbara                       under applicable law and any                          absence of timely filed objections, this
                                                County’s development/permitting                         regulations that the Secretary of the                 realty action will become the final
                                                requirements for open space. There is                   Interior may prescribe, including all                 determination of the Department of the
                                                no public access. Arc Vineyards owns                    necessary access and exit rights.                     Interior.
                                                and controls the access to this public                     3. An appropriate indemnification                  (Authority: 43 CFR 2710 and 43 CFR 2711)
                                                land parcel across its private land north               clause protecting the United States from
                                                and adjacent to the parcel.                             claims arising out of the patentee’s use,             Danielle Chi,
                                                   The regulation at 43 CFR 2711.3–                     occupancy, or occupation on the                       Deputy State Director, Division of Resources.
                                                3(a)(5) authorizes the BLM to make                      patented land.                                        [FR Doc. 2017–27414 Filed 12–19–17; 8:45 am]
                                                direct sale of public lands when a                         Detailed information, including NEPA               BILLING CODE 4310–40–P
                                                competitive sale is not appropriate and                 documentation and all other documents
                                                the public interest would be best served                associated with this sale, are available
                                                by a direct sale. The BLM determined a                  for review during the 45-day public
                                                                                                                                                              INTERNATIONAL TRADE
                                                direct sale will serve important public                 comment period for this notice at the
                                                                                                                                                              COMMISSION
                                                objectives by disposing of a parcel of                  Bakersfield Field Office at the above
                                                isolated public land that the public                    address.                                              [Investigation No. 337–TA–1091]
                                                                                                           For a period until February 5, 2018,
                                                cannot use or legally access and that the                                                                     Certain Color Intraoral Scanners and
                                                                                                        interested parties and the general public
                                                BLM cannot properly manage, and to                                                                            Related Hardware and Software;
                                                                                                        may submit in writing any comments
                                                resolve the inadvertent unauthorized                                                                          Institution of Investigation
                                                                                                        concerning the land being considered
                                                use and occupancy of the land. The
                                                                                                        for sale, including notification of any
                                                BLM prepared a mineral potential report                                                                       AGENCY: U.S. International Trade
                                                                                                        encumbrances or other claims relating
                                                dated October 25, 2011, concluding                                                                            Commission.
                                                                                                        to the identified land, to the Field
                                                there are known mineral values in the                                                                         ACTION: Notice.
                                                                                                        Manager, BLM Bakersfield Field Office,
                                                land offered for sale. Therefore, the BLM
                                                                                                        at the above address. Email will also be
                                                will reserve the Federal mineral interest                                                                     SUMMARY:    Notice is hereby given that a
                                                                                                        accepted and should be sent to: BLM_
                                                to the United States. Such minerals will                                                                      complaint was filed with the U.S.
                                                                                                        CA_Bakersfield_Public_Comments@
                                                be subject to the right to explore,                                                                           International Trade Commission on
                                                                                                        blm.gov with ‘‘Public Land Sale’’
                                                prospect for, mine, and remove under                                                                          November 14, 2017, under section 337
                                                                                                        inserted in the subject line. Comments,
                                                applicable law and regulations.                                                                               of the Tariff Act of 1930, as amended,
                                                                                                        including names and street addresses or
                                                   On December 20, 2017, the above                                                                            on behalf of Align Technology, Inc. of
                                                                                                        respondents, will be available for public
                                                described parcel will be segregated from                review at the BLM Bakersfield Office at               San Jose, California. An amended
                                                appropriation under the public land                     the above address.                                    complaint and supplement were filed
                                                laws, including the mining laws, except                    Individual respondents may request                 on December 4, 2017. The amended
                                                the sale provisions of the FLPMA. Until                 confidentiality. Before including your                complaint alleges violations of section
                                                completion of the sale or termination of                address, telephone number, email                      337 based upon the importation into the
                                                the segregation, the BLM will no longer                 address, or other personal identifying                United States, the sale for importation,
                                                accept land-use applications affecting                  information in your comment, the BLM                  and the sale within the United States
                                                the identified public lands, except                     will make your entire comment—                        after importation of certain color
                                                applications for the amendment of                       including your personal identifying                   intraoral scanners and related hardware
                                                previously filed right-of-way                           information—publicly available at any                 and software by reason of infringement
                                                applications or existing authorizations                 time. While you can ask in your                       of one or more of U.S. Patent No.
                                                to increase the term of the grants in                   comment to withhold your personal                     8,363,228 (‘‘the ’228 patent’’); U.S.
                                                accordance with 43 CFR 2807.15 and                      identifying information from public                   Patent No. 8,451,456 (‘‘the ’456 patent’’);
                                                2886.15. The segregation will terminate                 review, we cannot guarantee that we                   U.S. Patent No. 8,675,207 (‘‘the ’207
                                                upon issuance of a patent, publication                  will be able to do so. If you wish to have            patent’’); U.S. Patent No. 9,101,433 (‘‘the
                                                in the Federal Register of a termination                your name or address withheld from                    ’433 patent’’); U.S. Patent No. 6,948,931
                                                of the segregation, or 2 years after the                public disclosure under the Freedom of                (‘‘the ’931 patent’’); and U.S. Patent No.
                                                date of publication, whichever occurs                   Information Act, you must state this                  6,685,470 (‘‘the ’470 patent’’). The
                                                first, unless extended by the BLM State                 prominently at the beginning of your                  amended complaint further alleges that
                                                Director in accordance with 43 CFR                      comments. Any determination by the                    an industry in the United States exists
                                                2711.1–2(d) prior to the termination                    BLM to release or withhold the names                  as required by the applicable Federal
                                                date. The BLM will also publish this                    and/or addresses of those who comment                 Statute.
                                                Notice in the Santa Maria Times once a                  will be made on a case-by-case basis.                    The complainant requests that the
                                                week for 3 consecutive weeks. The                       Such requests will be honored to the                  Commission institute an investigation
                                                parcel will not be sold until at least 60               extent allowed by law. The BLM will                   and, after the investigation, issue a
                                                days after the date of publication of this              make available for public review, in                  limited exclusion order and cease and
                                                Notice in the Federal Register.                         their entirety, all comments submitted                desist orders.
                                                   Conveyance of the identified public                                                                        ADDRESSES: The complaint, except for
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        by businesses or organizations,
                                                land would be subject to valid existing                 including comments by individuals in                  any confidential information contained
                                                rights of record and the following terms,               their capacity as an official or                      therein, is available for inspection
                                                conditions, and reservations:                           representative of a business or                       during official business hours (8:45 a.m.
                                                   1. A right-of-way thereon for ditches                organization.                                         to 5:15 p.m.) in the Office of the
                                                and canals constructed by authority of                     The BLM California State Director or               Secretary, U.S. International Trade
                                                the United States, Act of August 30,                    other authorized official of the                      Commission, 500 E Street SW, Room
                                                1890 (43 U.S.C. 945).                                   Department of the Interior will review                112, Washington, DC 20436, telephone


                                           VerDate Sep<11>2014   21:36 Dec 19, 2017   Jkt 244001   PO 00000   Frm 00050   Fmt 4703   Sfmt 4703   E:\FR\FM\20DEN1.SGM   20DEN1



Document Created: 2018-10-25 10:56:52
Document Modified: 2018-10-25 10:56:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionProposed Non-Competitive (Direct) Sale of Public Land in Santa Barbara County, CA
ContactMaria Soto, Realty Specialist, 661-
FR Citation82 FR 60417 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR