[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affects 34.98 acres of public land withdrawn by the Corps of Engineers' 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]
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