83_FR_42299 83 FR 42138 - Notice of Application for a Recordable Disclaimer of Interest for Lands Underlying the Fortymile River System, Alaska

83 FR 42138 - Notice of Application for a Recordable Disclaimer of Interest for Lands Underlying the Fortymile River System, Alaska

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 83, Issue 161 (August 20, 2018)

Page Range42138-42139
FR Document2018-17878

The State of Alaska (State) has filed an application with the Bureau of Land Management (BLM) for a Recordable Disclaimer of Interest (RDI) from the United States in those lands underlying the Fortymile River System located in the upper Yukon subregion, Alaska. The State asserts that the Fortymile River System was navigable and unreserved at the time of Alaska Statehood in 1959.

Federal Register, Volume 83 Issue 161 (Monday, August 20, 2018) 
[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Notices]
[Pages 42138-42139]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17878]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[12X.LLAK942000.L54200000.FR0000. LVDIL12L0530; FF097215]


Notice of Application for a Recordable Disclaimer of Interest for 
Lands Underlying the Fortymile River System, Alaska

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The State of Alaska (State) has filed an application with the 
Bureau of Land Management (BLM) for a Recordable Disclaimer of Interest 
(RDI) from the United States in those lands underlying the Fortymile 
River System located in the upper Yukon subregion, Alaska. The State 
asserts that the Fortymile River System was navigable and unreserved at 
the time of Alaska Statehood in 1959.

DATES: The BLM should receive all comments to this action on or before 
November 19, 2018.

ADDRESSES: You may submit comments by mail or email on the State of 
Alaska's application for an RDI or on the BLM draft ``Summary Report on 
Federal Interest in Lands underlying the Fortymile River System in 
Alaska.'' (Report) To file comments by mail, send to: RDI Program 
Manager (AK-942), Division of Lands and Cadastral, BLM Alaska State 
Office, 222 West 7th Avenue, #13, Anchorage, AK 99513. To submit 
comments by email, send to [email protected].

FOR FURTHER INFORMATION CONTACT: Angie Nichols, RDI Program Manager, 
222 West 7th Avenue, #13, Anchorage, AK 99513; 907-271-3359; 
[email protected]; or visit the BLM RDI website at https://www.blm.gov/basic/programs-lands-and-realty-alaska-rdi-fortymile-fortymile-river.
    People who use a telecommunications device for the deaf (TDD) may 
call the Federal Relay System (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 a question with the 
above individual. You will receive a reply during normal business 
hours.

SUPPLEMENTARY INFORMATION: On May 11, 2017, the State filed an 
application (FF-97215) for an RDI pursuant to Section 315 of the 
Federal Land Policy and Management Act of 1976 (FLPMA) and the 
regulations contained in 43 CFR Subpart 1864 for the lands underlying 
the Fortymile River System.

[[Page 42139]]

    The State asserts that this river system was navigable at the time 
of Alaska Statehood. As such, the State contends that ownership of the 
lands underlying this river system automatically passed from the United 
States to the State in 1959 at the time of Statehood under the Equal 
Footing Doctrine; the Submerged Lands Act of 1953; the Alaska Statehood 
Act of 1959; and other title navigability law. Section 315 of FLPMA 
authorizes the BLM to issue an RDI when it determines that a record 
interest of the United States in lands has terminated by law or is 
otherwise invalid, and a disclaimer will help remove a cloud on title 
to such lands.
    The State's application is for an RDI for all submerged lands 
underlying the portion of the Fortymile River System described below. 
Specifically, these are all submerged lands between the ordinary high 
water marks of the left and right banks of the Fortymile River, 
beginning sixty feet upstream of the international border with Canada, 
upstream to the confluence of the North and South Forks of the 
Fortymile River within section 10, township 8 south, range 30 east, 
Fairbanks Meridian, Alaska; all submerged lands between the ordinary 
high water marks of the left and right banks of the South Fork of the 
Fortymile River beginning at the confluence with the North Fork of the 
Fortymile River upstream to the confluence of the Mosquito and Dennison 
Forks of the Fortymile River within section 8, township 26 north, range 
18 east, Fairbanks Meridian, Alaska; and all submerged lands between 
the ordinary high water marks of the left and right banks of the North 
Fork of the Fortymile River, beginning at its confluence with the South 
Fork of the Fortymile River, upstream to the dead-end slough which is a 
remnant of the Knik in section 20, township 6 south, range 29 east, 
Fairbanks Meridian, Alaska. The State listed the main stem of the 
Fortymile River's coverage on the USGS 1:63,360 series topographic map 
Eagle A-2 (1956), Eagle B-1 (1956) and Eagle B-2 (1956); for the North 
Fork of the Fortymile River, Eagle A-2 (1956), Eagle B-2 (1956) and 
Eagle B-3 (1956); and the South Fork of the Fortymile River is shown on 
the Eagle A-2 (1956) quadrangle.
    Over time, the precise location of the submerged lands described 
above may vary between townships due to the ambulatory nature of these 
water bodies.
    An RDI is a legal document through which the BLM disclaims the 
United States' interest in, or ownership of, specified lands, but the 
disclaimer does not grant, convey, transfer, or renounce any title or 
interest in the lands, nor does it release any tax, judgment, or lien. 
This Notice of Application is to inform the public of the pending 
application and the State's supporting evidence, as well as to provide 
the opportunity to comment or provide additional information to the 
BLM.
    The BLM will not make a final decision on the merits of the State's 
application before November 19, 2018. During this 90-day period, 
interested parties may comment on the State's application, FF-97215, 
and supporting evidence. Interested parties may also comment on the 
BLM's draft report, which is available on the BLM's RDI website (see 
FOR FURTHER INFORMATION CONTACT above).
    Copies of the State's application, supporting evidence, the BLM 
draft report, and comments, including names and street addresses of 
commenters, will be available for public review at the BLM Alaska 
Public Information Center (Public Room), 222 West 8th Avenue, 
Anchorage, Alaska, during regular business hours 8 a.m. to 4 p.m., 
Monday through Friday, except holidays.
    Before including your address, phone number, email address, or 
other personally identifying information in your comment, you should be 
aware that your entire comment--including your personally identifiable 
information--may be made publicly available at any time. While you can 
ask the BLM in your comment to withhold your personally identifiable 
information from public review, we cannot guarantee that we will be 
able to do so.
    If the BLM determines the State's evidence and any additional 
information the agency receives concerning the State's application is 
sufficient to reach a favorable determination, and neither the records 
nor a valid objection discloses a reason not to disclaim, the BLM may 
decide to approve the application for the RDI.

    Authority: 43 CFR 1864.2.


Erika L. Reed,
Deputy State Director, Division of Lands and Cadastral, Alaska.
[FR Doc. 2018-17878 Filed 8-17-18; 8:45 am]
 BILLING CODE 4310-JA-P

42138 Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Notices documents, is available on the BLM State Director signed the ROD on March DEPARTMENT OF THE INTERIOR website at https://go.usa.gov/xnFJm. 5, 2018. Copies of the ROD for Recreational Bureau of Land Management The Proposed RMP Amendment/Final Target Shooting in the SDNM have been EIS evaluated five alternatives in detail, [12X.LLAK942000.L54200000.FR0000. sent to affected Federal, State, and local including the No Action Alternative LVDIL12L0530; FF097215] government agencies and to other (Alternative A) and four action stakeholders, and are available for Notice of Application for a Recordable alternatives (Alternatives B, C, D, and public inspection at Lower Sonoran Disclaimer of Interest for Lands Field Office 21605 North 7th Avenue, E), based on public input and on Underlying the Fortymile River System, Phoenix, Arizona 85027. analysis of the impacts of each of the Alaska alternatives. The five alternatives ranged FOR FURTHER INFORMATION CONTACT: from making the entire monument AGENCY: Bureau of Land Management, Darrel Wayne Monger, Monument available for target shooting to making Interior. Manager, telephone: 623–580–5683; the entire monument unavailable for ACTION: Notice. address: Lower Sonoran Field Office, target shooting. All alternatives required 21605 North 7th Avenue, Phoenix, compliance with a hierarchy of SUMMARY: The State of Alaska (State) has Arizona 85027; email: blm_az_ mitigation that includes: (1) Avoiding filed an application with the Bureau of sdnmtargetshooting@blm.gov. Persons impacts to the maximum extent Land Management (BLM) for a who use a telecommunications device Recordable Disclaimer of Interest (RDI) compatible with the goals of the for the deaf (TDD) may call the Federal from the United States in those lands alternative; (2) Minimizing any impacts Relay Service (FRS) at 1–800–877–8339 underlying the Fortymile River System to contact the above individual during that are not avoidable; and (3) Providing located in the upper Yukon subregion, normal business hours. FRS is available a range of responses commensurate with Alaska. The State asserts that the 24 hours a day, 7 days a week, to leave the level of unavoidable impacts. Fortymile River System was navigable a message or question with the above Alternative C was the BLM’s proposed and unreserved at the time of Alaska individual. You will receive a reply amendment. The Proposed RMP Statehood in 1959. during normal business hours. Amendment and Final EIS were DATES: The BLM should receive all published in the Federal Register on comments to this action on or before SUPPLEMENTARY INFORMATION: The October 20, 2017 (84 FR 48847). planning area covers nearly 496,400 November 19, 2018. surface acres of south-central Arizona As a result of continued work with ADDRESSES: You may submit comments and lies within Maricopa and Pinal stakeholders and in response to by mail or email on the State of Alaska’s Counties. Population centers adjacent to comments from the public and application for an RDI or on the BLM the planning area include metropolitan cooperating agencies, the BLM draft ‘‘Summary Report on Federal Phoenix, and the communities of Ajo, determined that approximately 2,600 Interest in Lands underlying the Goodyear, Buckeye, Gila Bend, Mobile, acres of additional land in the area is Fortymile River System in Alaska.’’ and Maricopa. The planning area suitable for recreational target shooting. (Report) To file comments by mail, send encompasses Federal- and State- As such, the ROD approves a modified to: RDI Program Manager (AK–942), administered lands as well as private version of Alternative C, which Division of Lands and Cadastral, BLM lands. The BLM’s authority is limited to identifies approximately 435,700 acres Alaska State Office, 222 West 7th BLM-managed public lands and of land as available for recreational Avenue, #13, Anchorage, AK 99513. To federally-owned minerals within the target shooting in the SDNM. The submit comments by email, send to planning area. The BLM manages additional approximately 2,600 acres anichols@blm.gov. 486,400 surface acres of public lands in are located along the northern boundary FOR FURTHER INFORMATION CONTACT: the planning area, as well as 461,000 of the SDNM within the Juan Bautista Angie Nichols, RDI Program Manager, acres of (sub-surface) mineral estate. de Anza Recreation Management Zone, 222 West 7th Avenue, #13, Anchorage, The State of Arizona manages 3,900 and were analyzed in Alternative A as AK 99513; 907–271–3359; anichols@ surface acres in the planning area, with available for recreational target blm.gov; or visit the BLM RDI website the remaining 6,100 surface acres being shooting. at https://www.blm.gov/basic/programs- privately owned land. lands-and-realty-alaska-rdi-fortymile- During the 30-day protest period, the fortymile-river. The BLM prepared the Proposed RMP BLM Director received five protest People who use a telecommunications Amendment/Final EIS to address management of recreational target letters. All protests were resolved prior device for the deaf (TDD) may call the shooting in the SDNM. The Proposed to issuance of the ROD. Federal Relay System (FRS) at 1–800– RMP Amendment/Final EIS was No comments regarding potential 877–8339 to contact the above required to analyze recreational target inconsistencies with State and local individual during normal business shooting in the SDNM due to a ruling plans, programs, and policies were hours. The FRS is available 24 hours a by the U.S. District Court-District of received from the Governor’s Office day, 7 days a week, to leave a message Arizona that vacated portions of the during the Governor’s Consistency or a question with the above individual. 2012 ROD, Approved RMP, and Final Review process. You will receive a reply during normal EIS related to recreational target business hours. (Authority: 40 CFR 1506.6, 40 CFR 1506.10, shooting throughout the SDNM, and SUPPLEMENTARY INFORMATION: On May daltland on DSKBBV9HB2PROD with NOTICES 43 CFR 1610.2, 43 CFR 1610.5) remanded the decision to the BLM for 11, 2017, the State filed an application reconsideration. The Court also required Edward J. Kender, (FF–97215) for an RDI pursuant to the BLM to ensure the Final EIS Field Manager, Lower Sonoran Field Office. Section 315 of the Federal Land Policy analyzed mitigation measures and [FR Doc. 2018–17877 Filed 8–17–18; 8:45 am] and Management Act of 1976 (FLPMA) cumulative impacts consistent with the and the regulations contained in 43 CFR BILLING CODE 4310–32–P order, with a deadline of March 5, 2018, Subpart 1864 for the lands underlying to issue the ROD. The BLM Arizona the Fortymile River System. VerDate Sep<11>2014 19:04 Aug 17, 2018 Jkt 244001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\20AUN1.SGM 20AUN1

Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Notices 42139 The State asserts that this river system any title or interest in the lands, nor DEPARTMENT OF THE INTERIOR was navigable at the time of Alaska does it release any tax, judgment, or Statehood. As such, the State contends lien. This Notice of Application is to Bureau of Land Management that ownership of the lands underlying inform the public of the pending [18X.LLID933000.L14400000.ET0000; IDI– this river system automatically passed application and the State’s supporting 38117] from the United States to the State in evidence, as well as to provide the 1959 at the time of Statehood under the opportunity to comment or provide Public Land Order No. 7872; Equal Footing Doctrine; the Submerged additional information to the BLM. Withdrawal of National Forest System Lands Act of 1953; the Alaska Statehood Land for the Dump Creek Diversion Act of 1959; and other title navigability The BLM will not make a final Ditch, Idaho law. Section 315 of FLPMA authorizes decision on the merits of the State’s the BLM to issue an RDI when it application before November 19, 2018. AGENCY: Bureau of Land Management, determines that a record interest of the During this 90-day period, interested Interior. United States in lands has terminated by parties may comment on the State’s ACTION: Public Land Order. law or is otherwise invalid, and a application, FF–97215, and supporting disclaimer will help remove a cloud on evidence. Interested parties may also SUMMARY: This Order withdraws 107.02 title to such lands. comment on the BLM’s draft report, acres of National Forest System land The State’s application is for an RDI which is available on the BLM’s RDI from location and entry under the for all submerged lands underlying the website (see FOR FURTHER INFORMATION United States mining laws for a period portion of the Fortymile River System CONTACT above). of 20 years to protect the Dump Creek described below. Specifically, these are Diversion Ditch within the Salmon all submerged lands between the Copies of the State’s application, National Forest. The purpose of this ordinary high water marks of the left supporting evidence, the BLM draft withdrawal is to ensure the continued and right banks of the Fortymile River, report, and comments, including names conservation of the aquatic and riparian beginning sixty feet upstream of the and street addresses of commenters, will habitats, and to protect the Federal international border with Canada, be available for public review at the watershed investments in the Salmon upstream to the confluence of the North BLM Alaska Public Information Center River Drainage. and South Forks of the Fortymile River (Public Room), 222 West 8th Avenue, DATES: This Public Land Order takes within section 10, township 8 south, Anchorage, Alaska, during regular effect on August 20, 2018. range 30 east, Fairbanks Meridian, business hours 8 a.m. to 4 p.m., Monday FOR FURTHER INFORMATION CONTACT: Jeff Alaska; all submerged lands between through Friday, except holidays. Cartwright, Bureau of Land Management the ordinary high water marks of the left Before including your address, phone (BLM), Idaho State Office (208) 373– and right banks of the South Fork of the number, email address, or other 3885. Persons who use a Fortymile River beginning at the personally identifying information in telecommunications device for the deaf confluence with the North Fork of the your comment, you should be aware (TDD) may call the Federal Relay Fortymile River upstream to the that your entire comment—including Service (FRS) at 1–800–877–8339 to confluence of the Mosquito and your personally identifiable reach the Bureau of Land Management Dennison Forks of the Fortymile River information—may be made publicly contact during normal business hours. within section 8, township 26 north, range 18 east, Fairbanks Meridian, available at any time. While you can ask The FRS is available 24 hours a day, 7 Alaska; and all submerged lands the BLM in your comment to withhold days a week, to leave a message or between the ordinary high water marks your personally identifiable information question with the above individual. You of the left and right banks of the North from public review, we cannot will receive a reply during normal Fork of the Fortymile River, beginning guarantee that we will be able to do so. business hours. at its confluence with the South Fork of SUPPLEMENTARY INFORMATION: This order If the BLM determines the State’s the Fortymile River, upstream to the withdraws the land on behalf of the evidence and any additional dead-end slough which is a remnant of United States Forest Service for the information the agency receives purpose of preserving the existing the Knik in section 20, township 6 concerning the State’s application is south, range 29 east, Fairbanks groundwater regime and to protect the sufficient to reach a favorable integrity of the reclamation and Meridian, Alaska. The State listed the determination, and neither the records watershed stabilization and investment main stem of the Fortymile River’s coverage on the USGS 1:63,360 series nor a valid objection discloses a reason of Federal funds within the Dump Creek topographic map Eagle A–2 (1956), not to disclaim, the BLM may decide to project. Eagle B–1 (1956) and Eagle B–2 (1956); approve the application for the RDI. Order for the North Fork of the Fortymile Authority: 43 CFR 1864.2. River, Eagle A–2 (1956), Eagle B–2 By virtue of the authority vested in (1956) and Eagle B–3 (1956); and the Erika L. Reed, the Secretary of the Interior by Section South Fork of the Fortymile River is Deputy State Director, Division of Lands and 204 of the Federal Land Policy and shown on the Eagle A–2 (1956) Cadastral, Alaska. Management Act of 1976, 43 U.S.C. quadrangle. [FR Doc. 2018–17878 Filed 8–17–18; 8:45 am] 1714, it is ordered as follows: Over time, the precise location of the BILLING CODE 4310–JA–P 1. Subject to valid existing rights, the submerged lands described above may following described National Forest daltland on DSKBBV9HB2PROD with NOTICES vary between townships due to the System land is hereby withdrawn from ambulatory nature of these water bodies. location and entry under the United An RDI is a legal document through States mining laws for a period of 20 which the BLM disclaims the United years to preserve the existing States’ interest in, or ownership of, groundwater regime and to protect the specified lands, but the disclaimer does integrity of the reclamation and not grant, convey, transfer, or renounce watershed stabilization and investment VerDate Sep<11>2014 19:04 Aug 17, 2018 Jkt 244001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\20AUN1.SGM 20AUN1


Document Created: 2018-08-18 01:28:43
Document Modified: 2018-08-18 01:28:43
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
ActionNotice.
DatesThe BLM should receive all comments to this action on or before November 19, 2018.
ContactAngie Nichols, RDI Program Manager, 222 West 7th Avenue, #13, Anchorage, AK 99513; 907-271-3359; [email protected]; or visit the BLM RDI website at https://www.blm.gov/ basic/programs-lands-and-realty-alaska-rdi-fortymile-fortymile-river.
FR Citation83 FR 42138 
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