Notice of Realty Action; Noncompetitive Lease of Public Land; Grand County, UT, 13158 [E6-3583]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management
• Land Management Bureau

[Federal Register Volume 71, Number 49 (Tuesday, March 14, 2006)]
[Notices]
[Page 13158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-3583]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[UT-060-06-1430; UTU-81536]


Notice of Realty Action; Noncompetitive Lease of Public Land; 
Grand County, UT

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) has determined that 
2,808.67 acres of isolated public lands in Grand County, Utah, are 
suitable for lease pursuant to section 302 of the Federal Land Policy 
and Management Act of 1976 (FLPMA) (90 Stat. 2762; 43 U.S.C. 1732) 
using noncompetitive (direct) lease procedures.

DATES: Interested parties may submit comments to the BLM Moab Field 
Manager, at the address below. Comments must be received by no later 
than April 28, 2006. Only written comments will be accepted.

ADDRESSES: Address all written comments concerning this notice to the 
BLM Moab Field Manager, 82 East Dogwood Avenue, Moab, Utah 84532.

FOR FURTHER INFORMATION CONTACT: Mary von Koch, Realty Specialist, at 
the above address or at (435) 259-2128.

SUPPLEMENTARY INFORMATION: Green River Farms, a domestic corporation, 
has proposed to file with BLM an application to lease the following 
described public lands, located near Green River, Utah, the lands to be 
used, occupied and developed as a commercial agricultural farm in 
conjunction with adjoining lands leased to Green River Farms by the 
State of Utah School and Institutional Trust Lands Administration:

Salt Lake Meridian

T. 20 S., R. 16 E.,
    sec. 25, S\1/2\;
    sec. 26, SW\1/4\SW\1/4\, E\1/2\SW\1/4\, and SE\1/4\;
    sec. 27, SE\1/4\SE\1/4\;
    sec. 28, E\1/2\SE\1/4\;
    sec. 34, W\1/2\NW\1/4\.
T. 21 S., R. 16 E.,
    sec. 1, lots 1, 4, 5, 8, 9, 11, 12, 13, and 16.
T. 21 S., R. 17 E.,
    sec. 4, lots 11, 12, 13, 14, N\1/2\SW\1/4\, SW\1/4\SW\1/4\, and 
NW\1/4\SE\1/4\;
    sec. 5, E\1/2\SE\1/4\;
    sec. 6, lots 2, 3, 4, 5, 7, and 10;
    sec. 7, lot 4, SE\1/4\SW\1/4\, and SE\1/4\;
    sec. 8, NW\1/4\SW\1/4\, SE\1/4\SW\1/4\, and SE\1/4\;
    sec. 9, N\1/2\N\1/2\, S\1/2\NE\1/4\, SW\1/4\NW\1/4\, and S\1/2\
Containing 2,808.67 acres, more or less.

    After review, the BLM has determined that the proposed use of the 
above described parcels is in conformance with the Grand Resource Area 
Resource Management Plan, and that the above described land is 
available for that use. Therefore, pursuant to section 302 (b) of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732 (b)) and 
the implementing regulations at 43 CFR part 2920, the BLM will accept 
for processing an application to be filed by Green River Farms, or its 
duly qualified designee, for a non-competitive lease of the above 
described lands, to be used, occupied, and developed as stated above.
    A non-competitive lease may be employed in this case because all of 
the subject tracts of public land are adjacent to lands leased by Green 
River Farms from the State of Utah School and Institutional Trust Land 
Administration (SITLA) as part of the same proposed farming project. 
The subject lands are part of a BLM/SITLA legislative exchange package. 
It is therefore quite possible that these lands will be transferred to 
SITLA. SITLA has indicated in writing that it would have no objection 
to acquiring the lands if encumbered by the lease. As provided in 43 
CFR 2920.5-4(b), land use authorizations may be offered on a 
negotiated, non-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. The non-competitive bid shall not be for less than 
fair market value. That is to say, rental value must be based on the 
fair market value of the land, 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, 
payable annually or otherwise in advance, will be determined by the 
BLM, if and when a lease application is granted 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 valid existing rights.
    On or before April 28, 2006, interested parties may submit comments 
to the BLM at the address stated above with respect to:
    (1) The decision of the BLM regarding the availability of the lands 
described herein and
    (2) The decision of the BLM to accept for processing an application 
from Green River Farms for a non-competitive lease.
    Adverse comments will be evaluated by the BLM Field Manager, Moab, 
Utah, who may sustain, vacate or modify this realty action. In the 
absence of adverse comment, this realty action will become a final 
determination of the BLM as to each of the two decisions stated above.

    Authority: 43 CFR 2920.4.

A. Lynn Jackson,
Assistant Field Manager, Resources.
 [FR Doc. E6-3583 Filed 3-13-06; 8:45 am]
BILLING CODE 4310-DQ-P