[Federal Register Volume 75, Number 148 (Tuesday, August 3, 2010)]
[Notices]
[Pages 45662-45663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19050]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCAC09000-14300000-ET; CACA 51408]


Notice of Proposed Withdrawal and Opportunity for Public Meeting; 
California

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Assistant Secretary of the Interior for Land and Minerals 
Management proposes to withdraw approximately 28,953 acres of public 
lands from location and entry under the United States mining laws (30 
U.S.C. 22 et seq.) for a period of 20 years, on behalf of the Bureau of 
Land Management (BLM), to limit impacts to public safety and human 
health from naturally occurring asbestos and past mining activities 
within the Clear Creek Management Area (CCMA). This notice temporarily 
segregates the lands for up to 2 years from location and entry under 
the United States mining laws (30 U.S.C. 22 et seq.) while various 
studies and analyses are made to support a final decision on the 
withdrawal application. In addition, approximately 3,763 acres of non-
Federal lands located inside of the boundary of the proposed withdrawal 
area, if acquired by or returned to the United States, would also be 
included in the proposed withdrawal and subject to the temporary 
segregation authorized by this notice.

DATES: Comments and meeting requests should be received on or before 
November 1, 2010.

ADDRESSES: Comments should be sent to Rick Cooper, Field Manager, 
Hollister Field Office, Bureau of Land Management, 20 Hamilton Court, 
Hollister, California 95023.

FOR FURTHER INFORMATION CONTACT: Dan Byrne, Hollister Field Office, 
BLM, 831-630-5031 or Brandon G. Anderson, California State Office, BLM, 
916-978-4674.

SUPPLEMENTARY INFORMATION: The BLM ordered the temporary closure of 
31,000 acres of public lands in the CCMA on May 1, 2008, based on the 
results of the Environmental Protection Agency's (EPA) CCMA Asbestos 
Exposure and Human Health Risk Assessment. Using activity-based air 
sampling methods, the EPA concluded that visiting the CCMA more than 
once per year can put adults and children above the EPA's acceptable 
risk range for exposure to carcinogens.
    The applicant for the proposed withdrawal is the BLM at the address 
stated above. The petition/application requests the Assistant Secretary 
for Land and Minerals Management to withdraw, for a period of 20 years 
and subject to valid existing rights, the following described public 
lands from location and entry under the United States mining laws (30 
U.S.C. 22 et seq.), but not the public land, mineral or geothermal 
leasing, or the mineral materials laws:
    (a) Public Lands.

Mount Diablo Meridian

T. 17 S., R. 11 E.,
    Sec. 25, lots 5, 6, and 10 to 15, inclusive;
    Sec. 26, lots 15, 16, and 20;
    Sec. 34, lots 16, 18, 19, and Mineral Survey No. 5253, not 
patented;
    Sec. 35;
    Sec. 36, lots 10 to 16, inclusive.
T. 18 S., R. 11 E.,
    Sec. 1;
    Sec. 2, lots 1 to 9, inclusive, S\1/2\N\1/2\, NW\1/4\SW\1/4\, 
and N\1/2\SE\1/4\;
    Sec. 3, S\1/2\NE\1/4\, SE\1/4\SW\1/4\, and SE\1/4\;
    Sec. 10, E\1/2\ and E\1/2\W\1/2\;
    Sec. 11, lots 1 to 4, inclusive, SW\1/4\NE\1/4\, W\1/2\, NW\1/
4\SE\1/4\, and S\1/2\SE\1/4\;
    Sec. 12, lots 1 to 5, inclusive, E\1/2\, NE\1/4\SW\1/4\, and 
S\1/2\SW\1/4\;
    Sec. 13, lots 1 to 5, inclusive, NW\1/4\NW\1/4\, S\1/2\NW\1/4\, 
and S\1/2\;
    Sec. 14;
    Sec. 15, NE\1/4\, E\1/2\NW\1/4\, NE\1/4\SW\1/4\, and N\1/2\SE\1/
4\;
    Sec. 23, N\1/2\NE\1/4\, SE\1/4\NE\1/4\, and NE\1/4\NW\1/4\;
    Sec. 24, N\1/2\ and SE\1/4\.
T. 17 S., R. 12 E.,
    Sec. 31, lots 3, 4, and 6 to 20, inclusive;
    Sec. 32, lots 11 to 14, inclusive, and 16;
    Sec. 33, W\1/2\W\1/2\ and SE\1/4\SW\1/4\.
T. 18 S., R. 12 E.,
    Sec. 3, SW\1/4\NW\1/4\, W\1/2\SW\1/4\, and SE\1/4\SW\1/4\;
    Sec. 4, lots 1 to 17, inclusive, SW\1/4\NW\1/4\, SW\1/4\, and 
S\1/2\SE\1/4\;
    Secs. 5, 6, and 7;
    Sec. 8, lots 1, 2, 4, 5, 7, 8, 9, 11, 12, NW\1/4\SW\1/4\, and 
S\1/2\SW\1/4\;
    Secs. 9 and 10;
    Sec. 11, lots 2, 3, 4, and SE\1/4\;
    Sec. 12, SW\1/4\;
    Sec. 13, lots 2 to 6, inclusive, lot 8, W\1/2\NE\1/4\, NW\1/4\, 
N\1/2\SW\1/4\, and NW\1/4\SE\1/4\;
    Secs. 14 and 15;
    Sec. 17, lots 1 and 2, NE\1/4\, NE\1/4\NW\1/4\, W\1/2\NW\1/4\, 
and E\1/2\SE\1/4\;
    Sec. 18, lots 1 to 14, inclusive, and N\1/2\NE\1/4\;
    Sec. 19, lots 1 to 6, inclusive, S\1/2\NE\1/4\, E\1/2\W\1/2\, 
and SE\1/4\;
    Sec. 20, E\1/2\, S\1/2\NW\1/4\, and SW\1/4\;
    Sec. 21, N\1/2\;
    Sec. 22, NE\1/4\NE\1/4\, S\1/2\NE\1/4\, NW\1/4\, and S\1/2\;
    Secs. 23 and 24;
    Sec. 25, lots 1, 3 to 6, inclusive, 8, 9, 11, 14, W\1/2\, and 
W\1/2\SE\1/4\;
    Sec. 26, N\1/2\;
    Sec. 27, N\1/2\, N\1/2\S\1/2\, and S\1/2\SE\1/4\;
    Sec. 28, NE\1/4\ and SE\1/4\NW\1/4\;
    Sec. 29, N\1/2\N\1/2\;
    Sec. 30, lot 1 and NE\1/4\NE\1/4\;
    Sec. 34, NE\1/4\NE\1/4\;
    Sec. 35, N\1/2\, NE\1/4\SW\1/4\, and N\1/2\SE\1/4\.
T. 18 S., R. 13 E.,
    Sec. 16, NW\1/4\SW\1/4\;
    Sec. 17, SW\1/4\NE\1/4\ and S\1/2\;
    Sec. 18, lots 2, 3, 4, and E\1/2\SE\1/4\;
    Sec. 19, lots 1 to 4, inclusive, and E\1/2\E\1/2\;
    Secs. 20 and 21;
    Sec. 22, NW\1/4\NW\1/4\, NE\1/4\SW\1/4\, and S\1/2\SW\1/4\;
    Sec. 27, NW\1/4\NE\1/4\, NE\1/4\NW\1/4\, SW\1/4\NW\1/4\, W\1/
2\SW\1/4\, S\1/2\SE\1/4\SW\1/4\, and S\1/2\S\1/2\SE\1/4\;
    Secs. 28 to 31, inclusive;
    Sec. 32, all excluding Mineral Survey Nos. 6696 and 6724, both 
patented;
    Sec. 33, all excluding that portion of Mineral Survey No. 6680, 
patented and contained therein;
    Sec. 34, N\1/2\ and N\1/2\S\1/2\ excluding that portion of 
Mineral Survey No. 6680, patented and contained therein;
    Sec. 35, N\1/2\N\1/2\NW\1/4\.
T. 19 S., R. 13 E.,
    Sec. 2, lot 4 and SW\1/4\NW\1/4\;
    Sec. 3, lots 1 to 4, inclusive, S\1/2\NE\1/4\, S\1/2\NW\1/4\, 
and SW\1/4\;
    Sec. 4, lots 1 to 4, inclusive, S\1/2\N\1/2\, and S\1/2\;
    Sec. 5, lots 1 to 4, inclusive, S\1/2\N\1/2\, N\1/2\S\1/2\, and 
SE\1/4\SE\1/4\;
    Sec. 6, lot 1 and SE\1/4\NE\1/4\.

    The areas described aggregate 28,953.097 acres, more or less, in 
Fresno and San Benito Counties.


[[Page 45663]]


    (b) The following described non-Federal lands are located within 
the boundaries of the proposed withdrawal areas. In the event that 
these non-Federal lands return to public ownership, they would be 
subject to the terms and conditions described above.

Mount Diablo Meridian

Non-Federal lands

T. 18 S., R. 11 E.,
    Secs. 2, 11, and 12, Mineral Survey No. 29, patented;
    Secs. 11 and 12, Mineral Survey No. 504, patented;
    Sec. 13, Mineral Survey No. 1417, patented.
T. 18 S., R12 E.,
    Sec. 4, Mineral Survey Nos. 1087, 1099, and 1185, all patented;
    Secs. 7, 18, and 19, Mineral Survey No. 1417, patented;
    Sec. 8, lots 3, 6, and 10, NE\1/4\SW\1/4\;
    Sec. 13, lot 7, S\1/2\SW\1/4\, and SW\1/4\SE\1/4\;
    Sec. 16;
    Sec. 17, SE\1/4\NW\1/4\, E\1/2\SW\1/4\, and W\1/2\SE\1/4\;
    Secs. 17, 18, 19, and 20, Mineral Survey No. 1418, patented;
    Sec. 20, lot 1 and NE\1/4\NW\1/4\;
    Sec. 22, NW\1/4\NE\1/4\;
    Sec. 25, lots 2, 7, 10, 12, and 13, Mineral Survey No. 4976, 
patented;
    Sec. 26, S\1/2\;
    Sec. 36.
T. 18 S., R. 13 E.,
    Sec. 32, Mineral Survey Nos. 6696 and 6724, both patented;
    Secs. 33 and 34, Mineral Survey No. 6680, both patented;
    Sec. 34, S\1/2\S\1/2\.

    The areas described aggregate 3,763 acres, more or less, in 
Fresno and San Benito Counties.

    The BLM's petition has been approved by the Assistant Secretary for 
Land and Minerals Management. Therefore, the petition constitutes a 
withdrawal proposal of the Secretary of the Interior (43 CFR 2310.1-
3(e)).
    The purpose of the proposed withdrawal is to minimize impacts to 
human health and the environment from hazardous emissions of airborne 
asbestos fibers associated with mining activities on the 33,000-acre 
portion of the CCMA designated as the Serpentine Area of Critical and 
Environmental Concern (ACEC).
    The use of a right-of-way, interagency agreement, or cooperative 
agreement would not adequately constrain non-discretionary uses that 
could irrevocably expose to excess lifetime cancer risks.
    There are no suitable alternative sites for the requested 
withdrawal.
    No water rights would be needed to fulfill the purpose of the 
requested withdrawal.
    A preliminary review of mineral resources in the subject area 
determined that no mineral leases are known to exist in the subject 
area and no known potential for commercial fossil fuel or geothermal 
energy minerals exists in the subject area. Asbestos, mercury, 
chromite, and magnesite are among the only locatable minerals of 
interest in the area, although none are expected to be commercially 
important commodities in the foreseeable future. Nevertheless, the KCAC 
mine, formerly owned and operated by Union Carbide, Corp., is still 
considered an active mining claim, even though asbestos production 
ceased after 2002. Other locatable minerals of interest, including 
precious gem-quality benitoite and semi-precious jadeite, continue to 
be mined intermittently on a small-scale in the subject area. Mining 
and production of these gem minerals has been occurring for decades on 
public and privately owned lands in the ACEC. This proposed withdrawal 
would be subject to valid existing rights and therefore would not 
prohibit future exploration or mining activities on valid pre-existing 
claims.
    Until November 1, 2010, all persons who wish to submit comments, 
suggestions, or objections in connection with the proposed withdrawal 
may present their views in writing, by the date specified above, to the 
Field Manager, Hollister Field Office, BLM, 20 Hamilton Court, 
Hollister, California 95023.
    Comments, including names and street addresses for respondents, 
will be available for public review at the BLM's Hollister Field 
Office, during regular business hours, 7:30 a.m. to 4 p.m., Monday 
through Friday, except holidays. Individual respondents may request 
confidentiality. Before including your address, telephone number, e-
mail address, or other personal identifying information in your 
comment, you should be aware the your entire comment--including your 
personal identifying information--may be 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. All submissions from organization or businesses, 
and from individuals identifying themselves as representatives or 
officials of organizations or businesses, will be made available for 
public inspection in their entirety.
    Notice is hereby given that at least one public meeting will be 
held in connection with the proposed withdrawal. Upon determination of 
the time and place a notice will be published in the Federal Register 
and a local newspaper at least 30 days prior to the scheduled date of 
the meetings. All interested persons who desire additional public 
meetings for the purpose of being heard on the proposed withdrawal must 
submit a written request to the Field Manager, Hollister Field Office, 
BLM, 20 Hamilton Court, Hollister, California 95023, no later than 
November 1, 2010.
    The application will be processed in accordance with the 
regulations set forth in 43 CFR part 2300.
    For a period of 2 years from August 3, 2010, the lands described in 
this notice will be segregated as specified above unless the 
application is denied or canceled or the withdrawal is approved prior 
to that date.
    Licenses, permits, cooperative agreement, or discretionary land use 
authorizations of a temporary nature which will not significantly 
impact the values to be protected by the withdrawal may be allowed with 
the approval of the authorized officer of the BLM during the 
segregative period.

    Authority: 43 CFR 2310.3-1(a).

Karla Norris,
Assistant Deputy State Director, Natural Resources (CA-930).
[FR Doc. 2010-19050 Filed 8-2-10; 8:45 am]
BILLING CODE 4310-40-P