Notice of Realty Action; 10-Year Lease of Public Land, Custer County, ID, 17177-17178 [E7-6410]

Agencies

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

[Federal Register Volume 72, Number 66 (Friday, April 6, 2007)]
[Notices]
[Pages 17177-17178]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6410]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[ID-330-1430-EQ-2920; IDI-34904]


Notice of Realty Action; 10-Year Lease of Public Land, Custer 
County, ID

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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[[Page 17178]]

SUMMARY: The Bureau of Land Management (BLM) has examined and 
determined that one parcel of public land, approximately 47 acres, 
located in Custer County, Idaho is suitable for a renewable, 10-year 
agricultural use lease to Karen and Sydney Dowton (Lessee), pursuant to 
Section 302(b) of the Federal Land Policy Management Act of 1976, as 
amended. Annual rental will be at no less than the appraised fair 
market value.

DATES: Interested parties may submit comments to the BLM Challis Field 
Office Manager, at the below stated address. Comments must be received 
by not later than May 21, 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 Rd., Challis, 
Idaho 83226-9304.

FOR FURTHER INFORMATION CONTACT: Tim Vanek, Realty Specialist, at the 
above address or call: (208) 879-6218.

SUPPLEMENTARY INFORMATION: On January 12, 2004, Interior Board of Land 
Appeals (IBLA) oversaw a settlement (IBLA 99-344) between appellant 
Sydney Dowton and respondent, Bureau of Land Management. Item 3 of the 
settlement agreement stated: ``Mr. Dowton reserves the right to, and 
the dismissal of this matter is without prejudice to his right to, file 
a color-of-title application with the BLM concerning the same Parcel 1 
that is at issue here. That color-of-title shall be submitted under the 
authority of 43 CFR part 2540 and other applicable statutes and 
regulations. Parcel 1 is generally referred to in this manner as that 
land located north of the current channel of the Salmon River in lot 2, 
Section 26, Township 16 North, Range 20 East, of the Boise Meridian.'' 
Mr. Dowton did file a color-of-title application with the BLM Idaho 
State Office on March 1, 2004, for Parcel 1. The application was 
identified as: serial number IDI-34592 and was rejected September 2004, 
for failing to meet the criteria of suitable color-of-title claim as 
defined by 43 CFR 2540.0-5(b). Item 7 of the aforementioned settlement 
stated: ``Should the final agency action on the color-of-title 
application deny the application, BLM will then lease Parcel 1 to Mr. 
Dowton for agricultural use pursuant to the provisions of 43 CFR part 
2920. The lease will be a land-use authorization offered on a 
negotiated, non-competitive basis pursuant to 43 CFR Sec. 2920.5-4(b) 
(10/1/03 Edition). That lease will be for a term of ten years and will 
be renewable for an additional term.''
    The legal description of Parcel 1 is:

Boise Meridian, T. 16 N., R. 20 E, contains 47 acres in Custer 
County, more or less. sec. 26, lot 2

    After review, the BLM has determined that the proposed use of the 
above described parcel is in conformance with the 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.) 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 Sydney Dowton, or his duly 
qualified designee, for a non-competitive lease of the above described 
lands, to be used for harvest of meadow grass irrigated by a 549', 6\5/
8\'' diameter center pivot.
    A non-competitive lease may be employed in this case because doing 
so meets the terms of the January 12, 2004, IBLA settlement between 
Sydney Dowton and the BLM. Furthermore, 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 
Dowtons built the aforementioned center irrigation pivot on the subject 
parcel between 1994 and 1995 at a cost of approximately $21,000.00. 
This fact, as well as the history of past use by the Dowtons is further 
evidence to support the decision to offer a non-competitive lease. The 
non-competitive bid shall not be for less than market value. That is to 
say rental value must be based on the 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 not charge processing fees as per: Section 8 
(E.) Additional Terms and Conditions of the settlement, which states: 
``Each Party is to bear its own costs and attorney fees in this matter 
leading up to this agreement and for the preparation and implementation 
of the Agreement. Should either party be required to seek legal actions 
to enforce or interpret the terms and conditions of this Agreement, 
attorney fees and costs may be awarded as allowed under the typical 
law.'' Rent, payable annually or otherwise in advance, will be 
determined by the BLM, if and when a lease application is granted and 
periodically thereafter.
    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 May 21, 2007, 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 Sydney Dowton for a non-competitive lease.
    In addition to the right reserved in 43 CFR 2920.7, 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 the Lessee assign in the name of the Lessor that amount of 
water applied to the subject parcel during the use of the subject 
parcel. 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 Karen and Sydney Dowton.
    Comments must be received by the BLM Challis Field Manager, Idaho 
Falls District Office, at the address stated above, on or before the 
date stated above. Any adverse comments will be reviewed by the 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)

    Dated: February 5, 2007.
Joe Kraayenbrink,
District Manager, Idaho Falls District.
 [FR Doc. E7-6410 Filed 4-5-07; 8:45 am]
BILLING CODE 4310-GG-P