[Federal Register Volume 75, Number 70 (Tuesday, April 13, 2010)]
[Notices]
[Pages 18881-18882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8390]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLIDI02000.L71220000.EO0000LVTFD0980300; IDI-36468]


Notice of Realty Action: Proposed Sale of Public Land in Caribou 
Co., ID

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) is proposing to sell a 
parcel of public land totaling 1,142.10 acres in Caribou County, Idaho 
by direct sale under the provisions of the Federal Land Policy and 
Management Act of 1976 (FLPMA). The land would be sold for not less 
than fair market value.

DATES: In order to ensure consideration in the environmental analysis 
of the proposed sale, comments must be received by May 28, 2010.

ADDRESSES: Address all comments concerning this notice to Field 
Manager, Bureau of Land Management (BLM), Pocatello Field Office, 4350 
Cliffs Drive, Pocatello, Idaho 83204.

FOR FURTHER INFORMATION CONTACT: Jan Parmenter, Resource Coordinator, 
1405 Hollipark Drive, Idaho Falls, Idaho 83401 or phone (208) 524-7562.

SUPPLEMENTARY INFORMATION: The following-described public land in 
Caribou County, Idaho, is being proposed for sale under the authority 
of Section 203 of the FLPMA (43 U.S.C. 1713):

Boise Meridian

T. 9 S., R. 44 E.,
    Sec. 6, lots 3 to 7, inclusive, SWNE, SENW, E2SW, SE;
    Sec. 7, lot 1, NE, E2NW, SE;
    Sec. 17, lots 1 and 2, S2NE.

    The area described contains 1,142.10 acres in Caribou County.

    The J. R. Simplot Company submitted the Dairy Syncline Mine and 
Reclamation Plan (MRP) application to the BLM on October 6, 2008, for 
the Dairy Syncline Phosphate Lease Area. The MRP is currently under 
review by the BLM, and an environmental impact statement (EIS) will be 
prepared pursuant to the requirements of the National Environmental 
Policy Act to determine and analyze the impacts of the MRP as well as 
the proposed land sale.
    According to the applicant, the parcel is a necessary component of 
the applicant's development of existing Federal mineral leases. 
Disposal of mill tailings is a critical aspect of the Dairy Syncline 
MRP, rendering the land identified for sale an integral part of the 
MRP. Disposal of mill tailings would require a tailings pond, an ore 
tailings line from the mill to the tailings pond, as well as a water 
main return pipeline from the tailings pond to the mill. These are all 
necessary components of the MRP and would occur on the lands proposed 
for direct sale. Without the lands proposed for sale, mineral 
development under this specific phosphate lease could be adversely 
affected.

[[Page 18882]]

    The current 1988 BLM Pocatello Resource Management Plan (RMP) does 
not identify this parcel of public land for disposal; however, this 
plan is currently undergoing revision and includes alternatives 
addressing land tenure adjustments which do identify this parcel of 
public land for disposal. An amendment to the current 1988 plan may be 
necessary if the BLM ultimately decides to convey this parcel prior to 
the completion of the revision of this plan.
    Conveyance of the identified public lands would be subject to valid 
existing rights and encumbrances of record, including but not limited 
to, rights-of-way for roads and public utilities. The conveyance would 
also be subject to an appropriate indemnification provision protecting 
the United Sates from claims arising out of the patentee's use, 
occupancy, or occupation on the patented lands. Conveyance of any 
mineral interests pursuant to Section 209 of the FLPMA will be analyzed 
during processing of the proposed sale.
    The proposed direct sale is allowable pursuant to 43 CFR 2711-
3.3(a)(2) and (a)(3). Specifically, the proposed sale is an integral 
part of the mineral lease development at the Dairy Syncline Phosphate 
Lease Area. According to the applicant, the economic viability of this 
project is dependent upon the successful transfer of this land through 
sale to the mineral lessee. The mineral lessee would suffer substantial 
economic loss if the proposed sale tracts were purchased by another 
party or if the tracts were made unavailable for sale or exchange.
    The land proposed for sale would not be sold unless the BLM 
ultimately issues an approval for a mine and reclamation plan that 
includes this land as a component necessary for operation of the mine 
and development of the Federal mineral leases. On April 13, 2010, the 
above-described land will be segregated from all forms of appropriation 
under the public land laws, including the mining laws and mineral 
leasing laws, except the sale provisions of the FLPMA. Until completion 
of the sale or termination of the segregation, the BLM is no longer 
accepting land use applications affecting the identified public land, 
except applications for the amendment of previously filed right-of-way 
applications or existing authorizations to increase the term of the 
grants in accordance with 43 CFR 2807.15 and 2886.15.
    The segregative effect will terminate upon issuance of a patent or 
other conveyance document, publication in the Federal Register of a 
termination of the segregation, or on April 13, 2012, whichever occurs 
first, unless the segregation period is extended by the BLM State 
Director in accordance with 43 CFR 2711.1-2(d) prior to the termination 
date.
    Public Comments: For a period until May 28, 2010, interested 
parties and the general public may submit written comments concerning 
the land proposed for sale, including notification of any encumbrances 
or other claims relating to the identified land, to Field Manager, BLM 
Pocatello Field Office, at the above address. In order to ensure 
consideration in the environmental analysis of the proposed sale, 
comments must be in writing and postmarked or delivered within 45 days 
of the initial date of publication of this Notice. Comments transmitted 
via e-mail will not be accepted. Comments, including names and street 
addresses of respondents, will be available for public review at the 
BLM Pocatello Field Office during regular business hours, except 
holidays.
    Individual respondents may request confidentiality. Before 
including your address, phone number, e-mail 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:  43 CFR 2711.1-2.

    Dated: April 8, 2010.
David A. Pacioretty,
Pocatello Field Manager.
[FR Doc. 2010-8390 Filed 4-12-10; 8:45 am]
BILLING CODE 4310-GG-P