[Federal Register: August 8, 2007 (Volume 72, Number 152)]
[Notices]
[Page 44569-44570]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au07-103]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[ID-330-1430-DSG-07-0002; IDI-34902]
Notice of Realty Action; Noncompetitive Lease of Public Land,
Custer and Lemhi Counties, ID
AGENCY: Bureau of Land Management, U.S. Department of the Interior.
ACTION: Notice of realty action.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) has examined and
determined that two parcels of public land comprising 9.6 acres, more
or less, located in Custer and Lemhi Counties, Idaho are suitable for a
renewable, direct (non-competitive), 20-year agricultural use lease to
The Nature Conservancy (TNC) pursuant to Section 302 (b) of The Federal
Land Policy Management Act of 1976 (43 U.S.C. 1732 (b)), and the
implementing regulations at 43 CFR part 2920, as amended. This action
will resolve an historic encroachment occurring on public lands. The
encroachment dating back to on or before 1976 was originally attributed
to parties from whom TNC purchased property (adjacent to the subject
parcels) in 2003. Rent for the use was determined by Department of the
Interior appraisal to be BLM minimum annual lease fee of $250.00. Rent
may be re-appraised annually, or at an interval not to exceed every 5
years to remain consistent with market trends.
DATES: Interested parties may submit comments to the BLM Challis Field
Office Manager, at the below address. Comments must be received by not
later than September 24, 2007. Only written comments will be accepted.
ADDRESSES: Address all written comments concerning this Notice to David
Rosenkrance, BLM Challis Field Manager, 801 Blue Mountain Road,
Challis, Idaho 83226-9304. Detailed information concerning this action,
including but not limited to documentation related to compliance with
applicable environmental and cultural resource laws, is available for
review at the BLM Challis Field Office.
FOR FURTHER INFORMATION CONTACT: Tim Vanek, Realty Specialist at the
above address or call (208) 879-6218.
SUPPLEMENTARY INFORMATION: The following described public land in
Custer and Lemhi Counties, Idaho has been determined to be suitable for
lease for the purpose of agricultural harvest (alfalfa hay). The BLM
has determined that resource values will not be affected by the leasing
of this parcel of public land. The proposed action complies with the
BLM Challis Resource Management Plan (RMP) (1999). Compliance can be
found under: Decision Land Tenure and Access under Goal 4 (Eliminate
unauthorized use of public lands). As provided in 43 CFR 2920.5-4(b),
land use authorizations may be offered on a negotiated, non-
[[Page 44570]]
competitive basis, when, in the judgment of the authorized officer,
equities, such as prior use of the lands, exist; if no competitive
interest exists; or, where competitive bidding would represent unfair
competitive and economic disadvantage to the originator of the unique
land use concept that is compatible with the public interest. Based on
past use of the subject parcels in the form of alfalfa hay cultivation,
it is the authorized officer's discretion to offer the proposed
agricultural on a non-competitive basis. Furthermore, it is the
authorized officer's decision to offer the proposed agricultural lease
to The Nature Conservancy on a non-competitive basis because an
improvement consisting of a portion of an irrigation pivot owned by TNC
exists on the public land in support of hay production. Because of
these points, it is the opinion of the authorized officer no
competitive interests exist, or competitive bidding would represent
unfair competitive and economic disadvantage to TNC.
Therefore, the BLM will accept for processing, an application to be
filed by The Nature Conservancy, or its duly qualified designee, for a
non-competitive lease of the above described lands, to be used,
occupied, and developed as stated above. The non-competitive bid shall
not be for less than fair market value. That is to say, rental value
which has been based on the fair market value of the land, is
acceptable to the BLM after taking into account a current, independent
appraisal of, among other considerations, the highest and best use of
the lands. The BLM will estimate the costs of processing the lease
application. Before the BLM begins to process the application, the
lease applicant must pay the full amount of the estimated costs to the
United States. If a lease is not granted, the lease applicant must pay
to the United States, in addition to the estimated costs, the
reasonable costs incurred by the BLM in processing the lease in excess
of the estimated costs. Rent has been determined by the BLM. If and
when a lease is granted, rent must be made paid annually or otherwise
in advance, and periodically thereafter. If a lease is granted, the
lessee shall reimburse the United States for all reasonable
administrative and other costs incurred by the United States in
processing the lease application and for monitoring construction,
operation, maintenance and rehabilitation of the land and facilities
authorized. The reimbursement of costs shall be in accordance with the
provisions of 43 CFR 2920.6.
The lease application must include a reference to this notice and
comply in all respects with the regulations pertaining to land use
authorization applications at 43 CFR 2920.5-2 and 2920.5-5(b).
If authorized, the lease would be subject to provisions of the
Federal Land Policy Management Act of 1976, and all applicable
regulations of the Secretary of the Interior, including but not limited
to 43 CFR part 2920, and to valid existing rights.
The parcels are described as follows:
Boise Meridian
T. 15 N., R. 21 E., sec. 22, (contained within) NE\1/4\NW\1/4\ and
NW\1/4\SE\1/4\NW\1/4\; sec. 28, (contained within) NW\1/4\NE\1/4\.
The areas described contain 9.6 acres, more or less, in Custer
and Lemhi Counties.
The United States (Lessor) shall reserve all leasable, locatable,
and salable mineral resources and deposits in the subject parcel
together with the right to prospect for, mine, and remove the same
under applicable laws and regulations. The lease, when issued, will
contain a covenant requiring TNC assign in the name of the Lessor that
amount of water applied to the subject parcel during the use of the
subject parcel by TNC. In the event the application of water to the
public land ceases, this assignment shall terminate and full water
right shall revert back to the sole ownership of TNC.
Comments must be received by the BLM Challis Field Manager at the
address stated above, on or before the date stated above. Before
including your address, phone number, e-mail address, or other personal
identifying information in your comment, 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 from public review your personal identifying information, we
cannot guarantee that we will be able to do so. Any adverse comments
will be reviewed by the BLM Idaho Falls District Manager, who may
sustain, vacate or modify this realty action. In the absence of any
objections, or adverse comments, this proposed realty action will
become the final determination of the Department of the Interior.
(Authority: 43 CFR 2920.4)
Joe Kraayenbrink,
Idaho Falls District Manager.
[FR Doc. E7-15358 Filed 8-7-07; 8:45 am]
BILLING CODE 4310-GG-P