[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
[Rules and Regulations]
[Pages 57939-57940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28655]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Public Land Order 7173
[ID-943-1430-01; IDI-04790 02]
Partial Revocation of Public Land Order No. 1703; Idaho
AGENCY: Bureau of Land Management, Interior.
ACTION: Public land order.
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SUMMARY: This order revokes a Public Land Order (PLO) insofar as it
affects 34.98 acres of public land withdrawn by the Corps of Engineers'
Albeni Falls
[[Page 57940]]
Project. The land is no longer needed for this purpose, and the
revocation is needed to permit disposal of the land through exchange.
This action will open the land to surface entry and mining. The land
has been and will remain open to mineral leasing.
EFFECTIVE DATE: December 26, 1995.
FOR FURTHER INFORMATION CONTACT: Larry R. Lievsay, BLM Idaho State
Office, 3380 Americana Terrace, Boise, Idaho 83706-2500, 208-384-3166.
By virtue of the authority vested in the Secretary of the Interior
by Section 204 of the Federal Land Policy and Management Act of 1976,
43 U.S.C. 1714 (1988), it is ordered as follows:
1. Public Land Order No. 1703, which withdrew public land for the
Corps of Engineers' Albeni Falls Project, is hereby revoked insofar as
it affects the following described land:
Boise Meridian
T. 56 N., R. 2 E.,
Sec. 29, lot 13.
The area described contains 34.98 acres in Bonner County.
2. At 9 a.m. on December 26, 1995, the land described above will be
opened to the operation of the public land laws generally, subject to
valid existing rights, the provisions of existing withdrawals, other
segregations of record, and the requirements of applicable law. All
valid applications received at or prior to 9 a.m. on December 26, 1995,
shall be considered as simultaneously filed at that time.
3. At 9 a.m. on December 26, 1995, the land will be opened to
location and entry under the United States mining laws, subject to
valid existing rights, the provisions of existing withdrawals, other
segregations of record, and the requirements of applicable law.
Appropriation of any of the land described in this order under the
general mining laws prior to the date and time of restoration is
unauthorized. Any such attempted appropriation, including attempted
adverse possession under 30 U.S.C. 38 (1988), shall vest no rights
against the United States. Acts required to establish a location and to
initiate a right of possession are governed by State law where not in
conflict with Federal law. The Bureau of Land Management will not
intervene in disputes between rival locators over possessory rights
since Congress has provided for such determinations in local courts.
4. The revocation of the withdrawal is made subject to the
following flowage easement estate reserved to the Corps of Engineers:
Flowage Easement Estate
Reserve to the Government, a perpetual right, power, privilege and
easement in, upon, and across the tract described as Tract R1903E-1 for
the following purposes, to-wit:
a. Intermittently to overflow, flood and submerge with water of
Lake Pend Oreille, the Pend Oreille River, and the tributaries of both,
those portions of the said land lying above elevation 2062.5 feet above
mean sea level, United States Coast and Geodetic Survey Datum and for
any length of time to impound upon, overflow, flood and submerge with
the said waters those portions of the said land lying below elevation
2062.5 above mean sea level, all in the construction, operation and
maintenance of the Albeni Falls Dam Project, its appurtenances,
reservoir and overflow areas.
b. To enter upon said land as may be necessary from time to time to
inspect and improve water flow conditions; to remove natural or
artificial obstructions, including underbrush and debris which, in the
opinion of the representative of the United States in charge, may be
detrimental to the operation of the project, to clear, improve, and
maintain existing water courses, lake, streams and drainage channels;
and to exercise any other rights and privileges incident to the
easement hereby taken.
c. As to the described land in which an easement is taken, all
rights and privileges therein and thereto that may be used and enjoyed
without interfering with or abridging the easements and rights hereby
taken, are specifically reserved to the respective owners; provided
that no dwelling or other structure maintained for human habitation on
the said land shall have a first floor elevation of less than 2067.5
feet above mean sea level.
Subject to existing easements for public roads and highways, public
utilities, railroads and pipelines.
The Grantee, for good and valuable consideration, does hereby
release the United States of America, and its assigns, from all claims
for damages that have accrued or may hereafter accrue to any or all of
the above described land, by reason of the overflow of water occasioned
by the construction and operation of the Albeni Falls Project on the
Pend Oreille River, Idaho, or by the exercise of any or all of the
rights, powers, privileges, and easements hereinabove granted.
Dated: November 8, 1995.
Bob Armstrong,
Assistant Secretary of the Interior.
[FR Doc. 95-28655 Filed 11-22-95; 8:45 am]
BILLING CODE 4310-GG-P
