[Federal Register Volume 75, Number 194 (Thursday, October 7, 2010)]
[Notices]
[Pages 62137-62138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25060]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLMTC02200-L13200000-PP0000-LXSICOMP0000; MTM-99236]
Notice of Public Meeting; Proposed Alluvial Valley Floor Coal
Exchange Public Interest Factors; Montana
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
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SUMMARY: The Bureau of Land Management (BLM) hereby notifies the public
that it will hold a public meeting to consider a proposal to exchange
Federal coal deposits for Alluvial Valley Floor (AVF) fee coal pursuant
to the Federal Land Policy and Management Act (FLPMA) of 1976, as
amended, and the Surface Mining Control and Reclamation Act (SMCRA) of
1977. This exchange (serial number MTM-99236) has been proposed by Jay
Nance, Brett A. Boedecker, as personal representative for Susanne N.
Boedecker, Joseph P. Hayes, Patricia Hayes Rodolph, and the Brown
Cattle Company Shareholders Coal Trust, collectively referred to as
Nance-Brown.
DATES: A public meeting will be held from 5:30 p.m. to 7 p.m. on
October 19, 2010.
ADDRESSES: The public meeting will be held at The Bicentennial Library
of Colstrip at 417 Willow Avenue, Colstrip, Montana. The Alluvial
Valley Floor Environmental Assessment can be viewed on the BLM's Miles
City Field Office Web page located at http://www.blm.gov/mt/st/en/fo/miles_city_field_office.html.
[[Page 62138]]
FOR FURTHER INFORMATION CONTACT: Dan Fox, AVF Project Manager, BLM
Miles City Field Office, 111 Garryowen Road, Miles City, Montana 59301,
telephone 406-233-3664.
SUPPLEMENTARY INFORMATION:
As required under the BLM's regulations at 43 CFR 2203.3, a public
meeting must be held after completion of an environmental analysis and
prior to the issuance of a notice of decision. The purpose of this
public meeting will be to receive oral and written testimony and
comments on the public interest factors (see determination of public
interest at 43 CFR 2200.0-6 (b)) associated with the Nance-Brown
exchange.
The exchange proponents, Nance-Brown, seek an exchange as required
by section 510(b)(5) of SMCRA, which provides that owners of coal
determined to be unminable due to prohibitions against mining coal
within an alluvial valley floor, west of the 100th meridian, west
longitude, are entitled to an exchange of coal with the Federal
Government (30 U.S.C. 1260(b)(5)). Pursuant to section 510 of SMCRA and
the revised stipulation entered on January 29, 2010, in Nance v.
Salazar, No. CV-06-125-BLG-RFC (D. Montana), the BLM is considering an
exchange of Federal coal in Montana, within the Ashenhurst Tract, to
equal the value, as determined by appraisal, of approximately 3,379.55
acres of non-Federal coal in the alluvial valley floor of the Tongue
River, in Montana, owned by Nance-Brown.
The Federal coal in the following-described land in Rosebud County,
Montana, is being considered for exchange by the United States:
Ashenhurst Tract
Principal Meridian, Montana
T. 1 N., R. 40 E.,
Sec. 22, all;
Sec. 26, all;
Sec. 28, all; and
Sec. 34, lots 1-4, N\1/2\, N\1/2\S\1/2\.
T. 1 S., R. 41 E.,
Sec. 6, lots 1-7, S\1/2\NE\1/4\, SE\1/4\NW\1/4\, E\1/2\SW\1/4\,
SE\1/4\.
Containing 3,173.88 acres, more or less.
In exchange, the United States would acquire the coal within the
following-described non-Federal land in Rosebud County, Montana, from
Nance Brown:
Principal Meridian, Montana
T. 5 S., R. 42 E.,
Sec. 25, lot 5, E\1/2\E\1/2\; and
Sec. 35, E\1/2\, E\1/2\SW\1/4\.
T. 6 S., R. 42 E.,
Sec. 1, SE\1/4\NE\1/4\, E\1/2\SE\1/4\, SW\1/4\SE\1/4\;
Sec. 12, E\1/2\E\1/2\, SW\1/4\NE\1/4\, SE\1/4\SW\1/4\, W\1/
2\SE\1/4\; and
Sec. 13, NE\1/4\NE\1/4\.
T. 4 S., R. 43 E.,
Sec. 23, lot 2, SE\1/4\SE\1/4\;
Sec. 24, lots 2-4, S\1/2\SW\1/4\, NE\1/4\SE\1/4\, SW\1/4\SE\1/
4\;
Sec. 25, W\1/2\NW\1/4\;
Sec. 26, NE\1/4\, E\1/2\W\1/2\, SW\1/4\NW\1/4\, N\1/2\SE\1/4\,
SW\1/4\SE\1/4\;
Sec. 27, lot 1;
Sec. 33, lot 1;
Sec. 34, S\1/2\NE\1/4\, SW\1/4\, W\1/2\SE\1/4\; and
Sec. 35, W\1/2\NW\1/4\.
T. 5 S., R. 43 E.,
Sec. 3, lots 3 and 4; and
Sec. 9, NW\1/4\NE\1/4\, NE\1/4\SW\1/4\.
T. 6 S., R. 43 E.,
Sec. 6, lots 2-7. SE\1/4\NW\1/4\, E\1/2\SW\1/4\;
Sec. 7, lots 1-4, E\1/2\W\1/2\; and
Sec. 18, lots 1 and 2, NW\1/4\NE\1/4\, NE\1/4\NW\1/4\.
Containing 3,379.55 acres, more or less.
Further information regarding this exchange can be found in the
Environmental Analysis (EA). A hardcopy of the EA can be viewed at the
BLM Miles City Field Office, 111 Garryowen Rd., Miles City, Montana, on
Monday through Friday from 8 a.m. to 5 p.m. The EA may also be viewed,
as noted above under ADDRESSES, on the BLM's Miles City Field Office
Web page. The EA will be available for public viewing until November
22, 2010.
The BLM will use the following procedures to facilitate the public
meeting: All persons who wish to present an oral statement must
register at the door to present comments between 5:30 p.m. to 7 p.m. on
the day of the meeting. Any speaker prevented by time constraints from
speaking will be encouraged to submit written remarks which will be
made part of the record. The meeting will be recorded and a transcript
prepared. The transcript and all written submissions will be made a
part of the public record of the proposed exchange. Persons not able to
attend the meeting are invited to provide written comments. All written
comments must be received by the BLM's Miles City Field Office at the
address indicated below by November 22, 2010. Before including your
address, phone number, e-mail address, or other personal identifying
information in your comments, be advised 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. Comments may be submitted
after the publication of the Federal Register Notice. You can submit
your written comments to: Bureau of Land Management, Attention: Dan
Fox, AVF Project Manager, 111 Garryowen Rd., Miles City, MT 59301.
The meeting transcript and all written submissions will be
forwarded to the U.S. Attorney General, who will have 90 days to
advise, in writing, on the anti-trust consequences of the proposed
exchange. The BLM will make any advice received from the Attorney
General a part of the public record on the proposed exchange. The
advice from the Attorney General will be considered in making the final
decision on the proposed exchange and whether it is in the public
interest. The BLM will discuss, in the decision record, the
consideration given any advice received from the Attorney General in
reaching the final decision on the proposed exchange.
Michael D. Nedd,
Acting State Director.
[FR Doc. 2010-25060 Filed 10-6-10; 8:45 am]
BILLING CODE 4310-DN-P