4331-21
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[BLM_NV_FRN_MO#4500176314]
Notice of Intent to Amend a Resource Management Plan and Prepare an Associated
Environmental Assessment; Notice of Realty Action: Proposed Sale of Public Land
in Nye County, Nevada.
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of intent; notice of realty action.
SUMMARY: In compliance with the National Environmental Policy Act of 1969, as
amended (NEPA), and the Federal Land Policy and Management Act of 1976, as
amended (FLPMA), the Bureau of Land Management (BLM) Nevada State Director
intends to prepare a Resource Management Plan (RMP) Amendment with an associated
Environmental Assessment (EA) for the non-competitive direct sale of 248.74 acres of
public land in rural east-central Nye County, Nevada to Foreland Refining Corporation
(Foreland) (N-100365/NVNV105851725). The sale would be for no less than the
appraised fair market value. The sale would be subject to the applicable provisions of
section 203 of FLPMA and the BLM land sale regulations. This notice announces the
beginning of the scoping period to solicit public comments and identify issues, provides
the planning criteria for public review, and announces a comment period on the proposed
realty action offering the sale of public land.
DATES: Interested parties may submit written comments concerning the proposed land
sale, scope of the analysis, potential alternatives, and identification of relevant
information and studies by [INSERT DATE 45 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER]. To afford the BLM the opportunity
to consider issues raised by commenters in the Draft RMP Amendment and EA, please

ensure your comments are received prior to the close of the 45-day scoping period or 15
days after the last public meeting, whichever is later.
ADDRESSES: You may submit written comments concerning the realty action and on
issues and planning criteria related to the proposed RMP Amendment and noncompetitive direct sale of public land in Nye County, Nevada, by any of the following
methods:
•

Website: https://eplanning.blm.gov/eplanning-ui/project/2024259/510

•

Email: egilseth@blm.gov

•

Fax: 775-482-7810

•

Mail: BLM, Tonopah Field Office, P.O. Box 911 (1553 South Main
Street), Tonopah, Nevada 89049

Documents pertinent to this proposal may be examined online at
https://eplanning.blm.gov/eplanning-ui/project/2024259/510 and at the Tonopah Field
Office.
FOR FURTHER INFORMATION CONTACT: Frederick Marcell, Lead Realty
Specialist, Nevada State Office; telephone 202 912-7339; email at fmarcell@blm.gov; or
Perry Wickham, Field Manager, telephone 775-482-7801; Tonopah Field Office, P.O.
Box 911 (1553 South Main Street), Tonopah, Nevada 89049; email pwickham@blm.gov.
Contact Mr. Wickham to have your name added to our mailing list. Individuals in the
United States who are deaf, deafblind, hard of hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services relay
services. Individuals outside the United States should use the relay services offered
within their country to make international calls to the point-of-contact in the United
States.
SUPPLEMENTARY INFORMATION: This document provides notice that the BLM
Nevada State Director proposes to segregate the identified public land and prepare an

RMP Amendment with an associated EA for the non-competitive direct sale of public
land in Nye County, Nevada, and announces the beginning of the scoping process to seek
public input on issues and planning criteria. The RMP Amendment would change the
existing 1997 Tonopah Field Office Record of Decision and Approved RMP. The RMP
Amendment is being considered to evaluate whether the subject parcel of public land
meets the disposal criteria described in section 203 of FLPMA.
Foreland holds a right-of-way grant (N-41035/NVNV105896178) on the northwestern
40-acre portion of the proposed sale parcel, which contains the Eagle Springs Refinery.
The purpose of the sale would be to protect existing Eagle Springs Refinery
improvements consisting of fencing, underground phone lines, roads, multiple buildings,
an on-site water well, propane tank, and septic system, and the refinery’s oil
delivery/distribution systems for refining operations, and to allow for future expansion of
the refinery. The sale would be subject to the applicable provisions of Section 203 of
FLPMA and the BLM land sale regulations. The subject parcel was not previously
identified for disposal in the RMP; therefore, the BLM must amend the RMP for the
proposed sale to proceed.
The BLM will examine the following described public land for disposal
suitability:
Mount Diablo Meridian, Nevada,
T. 9 N., R. 56 E.,
sec. 24, S1/2NE1/4SE1/4 and SE1/4SE1/4;
sec. 25, E1/2NE1/4.
T. 9 N., R. 57 E.,
sec. 19, lot 4;
sec. 30, lots 1 and 2.

The area described contains 248.74 acres, according to the official plats of the
surveys on file with the BLM.
Upon publication of this Notice in the Federal Register, the public land described
above will be segregated from all forms of appropriation under the public land laws,
including the mining laws, except for the sale provisions of FLPMA. The segregation
will terminate upon (1) issuance of a conveyance document; (2) publication in the
Federal Register terminating the segregation; or (3) two years from publication of this
notice, unless extended by the BLM Nevada State Director in accordance with 43 CFR
2711.1–2(d).
In addition, upon publication of this notice and until completion of this sale, the
BLM will no longer accept land-use applications affecting the identified public land,
except applications to amend previously filed right-of-way applications or existing
authorizations to modify grant terms in accordance with 43 CFR 2807.15 and 43 CFR
2886.15.
The BLM will analyze the parcel and develop an EA to evaluate the
environmental effects of the proposed RMP Amendment and the sale criteria under
FLPMA Section 203(a)(3) and 43 CFR 2710.0–3(a)(3) to ensure the disposal of the tract
will serve important public objectives, including for the conveyance out of Federal
ownership of a parcel of public land that, because of its location or other characteristics,
is difficult and uneconomic to manage as part of the public lands and is not suitable for
management by another Federal department or agency. After the BLM has analyzed
public scoping comments and prepared the analysis, the EA will be available for a 30-day
comment period. The parcel being considered for direct sale is not required for any other
Federal purpose. Regulations contained in 43 CFR 2710.0–6(c)(3)(iii) and 2711.3–
3(a)(3) make allowances for direct sales where necessary to protect existing equities in
the public land and where there is a need to recognize an authorized use such as an

existing business that could suffer a substantial economic loss if the tract were purchased
by other than the authorized user. The BLM will consider selling this parcel if it is
determined that the public interest would best be served by selling the BLM-administered
land for the fair market value and ensure the Federal Government receives fair
compensation for the sale of the parcel.
The subject parcel is located on both sides of United States Highway 6, which
allows access to the area from either Tonopah or Ely, Nevada. The BLM has determined
the parcel is not an access point for recreation in accordance with Secretary's Order 3373,
Evaluating Public Access in Bureau of Land Management Public Disposal and
Exchanges. Disposal of this parcel will have no anticipated impacts on recreational
access to adjacent parcels of publicly accessible lands.
The conveyance document, if issued, will contain the following reservations,
terms, and conditions:
(1) The reservation of a right-of way thereon for ditches or canals constructed by
the authority of the United States, Act of August 30, 1890 (43 U.S.C. 945).
(2) The reservation of all the mineral deposits in the land so patented pursuant to
the Act of October 21, 1976 (43 U.S.C. 1719), including, without limitation, substances
subject to disposition under the general mining laws, the general mineral leasing laws, the
Materials Act, and the Geothermal Steam Act, and to it, its permittees, licensees, lessees,
and mining claimants, the right to prospect for, mine, and remove the minerals owned by
the United States under applicable law and such regulations as the Secretary of the
Interior may prescribe. This reservation includes necessary access and exit rights and the
right to conduct all necessary and incidental activities including, without limitation, all
drilling, underground, open pit or surface mining operations, storage, and transportation
facilities deemed reasonably necessary.

Unless otherwise provided by separate agreement with the surface owner, mining
claimants, permittees, licensees, and lessees of the United States shall reclaim disturbed
areas to the extent prescribed by regulations issued by the Secretary of the Interior.
All causes of action brought to enforce the rights of the surface owner under the
regulations above referred to shall be instituted against mining claimants, permittees,
licensees, and lessees of the United States, and the United States shall not be liable for the
acts or omissions of its mining claimants, permittees, licensees, and lessees.
(3) The conveyance document would be subject to all valid existing rights.
(4) The parcel is subject to reservations for roads and public utilities.
(5) An appropriate indemnification clause protecting the United States from
claims arising out of the patentee’s use, occupancy, or occupation on the patented lands.
(6) Additional terms and conditions that the authorized officer deems appropriate.
The BLM will publish this notice once a week for three consecutive weeks in the
Tonopah Times-Bonanza & Goldfield News. Comments will be accepted as discussed in
the ADDRESSES section above.
Any adverse comments regarding the sale will be reviewed by the BLM Nevada
State Director or other authorized official of the Department of the Interior, who may
sustain, vacate, or modify this realty action in response to such comments. In the absence
of adverse comments, this realty action will become the final determination of the
Department of the Interior.
The planning area is in Nye County, Nevada and encompasses approximately
248.74 acres of public land. The scope of this land use planning process does not include
addressing the evaluation or designation of areas of critical environmental concern
(ACECs), and the BLM is not considering ACEC nominations as part of this process.
Purpose and Need

The purpose of the Federal action is to consider an RMP Amendment to make
available by direct sale BLM-administered public lands that are not currently identified
for disposal in the Tonopah RMP, as well as to respond to Foreland’s request for a
FLPMA direct land sale. The need for the action is established by BLM’s responsibility
under section 203 of FLPMA and 43 CFR 2711.1-1(c) to respond to a request for a land
sale, and to ensure compliance with the Tonopah RMP Management Decisions.
Preliminary Alternatives
There are currently no alternatives other than the no action alternative. The BLM
welcomes comments on all preliminary alternatives as well as suggestions for additional
alternatives.
Planning Criteria
The planning criteria guides the planning effort and lays the groundwork for
effects analysis by identifying the preliminary issues and their analytical frameworks.
Preliminary issues for the planning area have been identified by BLM personnel and from
early engagement conducted for this planning effort with Federal, Tribal, State, and local
agencies, and other stakeholders. The planning criteria are available for public review
and comment at the BLM National NEPA Register (see ADDRESSES).
Public Scoping Process
This notice of intent initiates the scoping period and public review of the planning
criteria, which guide the development and analysis of the RMP Amendment and EA.
The BLM does not intend to hold any public meetings, in-person or virtual,
during the public scoping period. Should the BLM later determine to hold public
meetings, the specific date(s) and location(s) of any meeting will be announced at least
15 days in advance through the local media, newspapers, and the project’s web page on
the BLM National NEPA Register.
Sale Notifications

The notification of the proposed RMP Amendment and EA and, if applicable,
signed finding of no significant impact (FONSI) would begin a 30-day protest period
subject to BLM Manual Section 2711.1 step 4(d) on the land-sale decision. The BLM
Nevada State Director will review all protests and may sustain, vacate, or modify the
RMP Amendment and land sale, in whole or in part. In the absence of any protests, the
BLM may select the approved RMP Amendment alternative and prepare a decision
record which would document the final determination of the Department of the Interior
for the land sale.
Any other subsequent notices related to the RMP Amendment and land sale may
also be published in the local newspaper.
Interdisciplinary Team
The BLM will use an interdisciplinary approach to develop the plan to consider
the variety of resource issues and concerns identified. Specialists with expertise in the
following disciplines will be involved in this planning effort: outdoor recreation,
archaeology, lands and realty, sociology, cultural resources, paleontological resources,
Native American coordination and consultation, environmental justice, social and
economic values, recreational resources, visual resources, wilderness, geology, minerals,
wastes - hazardous or solid, wildlife, threatened and endangered species, special status
species, migratory birds, noise, wild horses and burros, water quality/quantity, wetlands
and/or riparian zones, wild and scenic rivers, floodplains, grazing management, noxious
weeds and invasive non-native species, human health and safety, soils, vegetation,
forestry, air quality, and land use authorization.
Additional Information
The BLM will identify, analyze, and consider mitigation to address the reasonably
foreseeable impacts to resources from the proposed plan amendment and all analyzed
reasonable alternatives and, in accordance with 40 CFR 1502.14(e), include appropriate

mitigation measures not already included in the proposed plan amendment or alternatives.
Mitigation may include avoidance, minimization, rectification, reduction or elimination
over time, and compensation; and it may be considered at multiple scales, including the
landscape scale.
The BLM will utilize and coordinate the NEPA and land use planning processes
for this planning effort to help support compliance with applicable procedural
requirements under the Endangered Species Act (16 U.S.C. 1536) and Section 106 of the
National Historic Preservation Act (54 U.S.C. 306108) as provided in 36 CFR
800.2(d)(3), including public involvement requirements of Section 106. The information
about historic and cultural resources and threatened and endangered species within the
area potentially affected by the proposed plan will assist the BLM in identifying and
evaluating impacts to such resources.
The BLM will consult with local Tribes on a government-to-government basis in
accordance with Executive Order 13175, BLM Manual 1780, and other Departmental
policies. Tribal concerns, including impacts on Indian trust assets and potential impacts
to cultural resources, will be given due consideration. Federal, State, and local agencies,
along with Indian Tribal Nations and stakeholders that may be interested in or affected by
the proposed sale of public land in Nye County, Nevada and the proposed RMP
Amendment, and accompanying Record of Decision that the BLM is evaluating, are
invited to participate in the scoping process and, if eligible, may request or be requested
by the BLM to participate in the development of the environmental analysis as a
cooperating agency.
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 comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be able to do so.
(Authority: 40 CFR 1501.9, 43 CFR 1610.2, and 43 CFR 2710)
Jon K. Raby,
State Director.
[FR Doc. 2024-14176 Filed: 6/27/2024 8:45 am; Publication Date: 6/28/2024]