[Federal Register Volume 74, Number 228 (Monday, November 30, 2009)]
[Notices]
[Pages 62585-62586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28454]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LL ID03000-L14300000-FR0000, DSG-09-0001; IDI-14152-02]


Notice of Realty Action: Recreation and Public Purposes Act Sale 
Classification; Idaho

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 
certain public lands in Custer County, Idaho are suitable for 
classification for conveyance to the Custer County Commission, under 
authority of the Recreation and Public Purposes (R&PP) Act, June 14, 
1926, (43 U.S.C. 869 et seq.) as amended.

DATES: Comments regarding the proposed classification for conveyance 
must be received by January 14, 2010.

ADDRESSES: Detailed information concerning this action, including but 
not limited to documentation related to compliance with applicable 
environmental and cultural resource laws, is available for review at 
the BLM Challis Field Office. Address all written comments concerning 
this Notice to David Rosenkrance, BLM Challis Field Office Manager, 
1151 Blue Mountain Road, Challis, Idaho 83226-9304.

FOR FURTHER INFORMATION CONTACT: Tim Vanek, Realty Specialist, BLM 
Challis Field Office, (208) 879-6218, or by e-mail at: [email protected].

SUPPLEMENTARY INFORMATION: The Challis Shooting Range is approximately 
2\1/2\ miles north of Challis, Idaho and approximately 0.8 mile west of 
Challis Creek Road. The public land portion of the Challis Shooting 
Range has been examined and found suitable for conveyance to the Custer 
County Commission under the provisions of the R&PP Act, as amended. The 
subject parcel is at the following legal land description:

Boise Meridian

T. 14 N., R. 19. E.,
    Sec. 17, N\1/2\SW\1/4\.

    The area described contains approximately 80 acres in Custer 
County.

    The 80 acres is currently authorized under an R&PP lease, 
identified with BLM serial number IDI-14152-01, to the Custer County 
Commission, and operated and managed by the Central Idaho Rod & Gun 
Club (CIRGC), which is a non-profit organization. The current lease was 
originally granted in July 1981 and renewed in November 2006. To comply 
with the R&PP Act, as amended and current BLM policy found in 
Instruction Memorandum 2008-074 (Change 1) dated December 2, 2008, the 
renewal decision included a bar on further renewals. The lease will 
expire in November 2011.
    CIRGC developed the subject parcel with a rifle range, rifle 
shooting stations/benches with overhead cover, target backstops at 100-
yard intervals out to 600-yards, and a two-track road extending the 
length of the range. Also, as a part of the rifle range, CIRGC uses a 
1000-yard backstop which is an earthen berm. However, it is not part of 
the 80-acres currently authorized by the R&PP lease, nor is it listed 
for disposal in the BLM Challis Resource Management Plan. Hence, it is 
not part of this sale classification. The subject parcel is adjacent to 
private property owned by the CIRGC which developed the site with a 
clubhouse, access road and parking area, shotgun trap shooting 
stations, pistol range, and a public restroom.
    The Custer County Commission proposes to use the land to continue 
operation of the Challis Shooting Range. Custer County holding R&PP 
title to the subject parcel would also provide the CIRGC freedom to 
make future improvements to the facility. There are no other use 
authorizations on the subject parcel. Conveyance of the subject parcel 
is consistent with the

[[Page 62586]]

BLM Challis Resource Management Plan.
    The patent, if issued, will be subject to the following terms, 
conditions, and reservations:
    1. Provisions of the R&PP Act, as amended and all applicable 
regulation of the Secretary of the Interior will apply. In particular, 
statutory provisions governing the disposal of existing leased disposal 
sites are to be found at 43 U.S.C. 869-2(b), regulatory provisions can 
be found at 43 CFR 2743.3 and 2743.3-1.
    2. The United States will reserve the right to construct ditches 
and canals, authorized by the Act of August 30, 1890, 43 U.S.C. 945.
    3. The United States will reserve all minerals together with the 
right to prospect for, mine, and remove the minerals.
    4. All valid and existing rights.
    5. These parcels are subject to the requirements of Section 120(h) 
of the Comprehensive Environmental Response, Compensation and 
Liabilities Act, 42 U.S.C. 9620(h), as amended by the Superfund 
Amendments and Reauthorization Act of 1986, Title III, Section 305(a).
    6. The patentee, its successors or assigns, by accepting a patent, 
agrees to indemnify, defend, and hold harmless the United States, its 
officers, agents, representatives and employees (hereinafter ``United 
States'') from any costs, damages, claims, causes of action in 
connection with the patentee's use, occupancy, or operations on the 
patented real property. This agreement includes, but is not limited to, 
acts or omissions of the patentee and its employees, agents, 
contractors, lessees, or any third party arising out of, or in 
connection with, the patentee's use, occupancy, or operations on the 
patented real property which cause or give rise to, in whole or in 
part: (1) Violations of Federal, state, and local laws and regulations 
that are now, or may in the future become, applicable to the real 
property and/or applicable to the use, occupancy, and/or operations 
thereon; (2) Judgments, claims, or demands of any kind assessed against 
the United States; (3) Costs, expenses, or damages of any kind incurred 
by the United States; and (4) Releases or threatened releases of solid, 
or hazardous waste(s), and/or hazardous substance(s), pollutant(s), 
contaminant(s), and/or petroleum product(s), or derivative(s) of a 
petroleum product as defined by Federal or State environmental laws, 
age generated, stored, used, or otherwise disposed of on the patented 
real property, and any cleanup response, remedial action or other 
actions related in any manner to the said solid or hazardous 
substance(s), waste(s), contaminant(s), petroleum product(s), or 
derivative(s) of petroleum product as defined by Federal or state laws. 
Patentee shall stipulate that it will be solely responsible for 
compliance with all applicable Federal, State, and local environmental 
laws and regulatory provisions, throughout the life of the facility, 
including any closure and/or post-closure requirements that may be 
imposed with respect to any physical plant and/or facility upon the 
real property under any Federal, State, or local environmental laws or 
regulatory provisions. In the case of a patent being issued, this 
covenant shall be construed as running with the patented real property 
and may be enforced by the United States in a court of competent 
jurisdiction.
    Additional detailed information concerning this Notice of Realty 
Action including records related to the subject parcel is available for 
review at the BLM Challis Field Office, 1151 Blue Mountain Road, 
Challis, Idaho 83226. Office hours are 7:45 a.m. to 4:30 p.m., Monday 
through Friday except holidays.
    Upon publication of this notice in the Federal Register, the land 
described above will be segregated from appropriation under the public 
land laws, including the mining laws, except for conveyance under the 
R&PP Act, as amended.
    You may submit written comments regarding the proposed 
classification for conveyance of the land to the BLM Field Office 
Manager at the address stated above. With respect to the proposed 
classification, the BLM Challis Field Office will only accept written 
comments concerning the following four subjects:
    1. Whether the land is physically suited for the proposal;
    2. Whether the use will maximize the future use or uses of the 
land;
    3. Whether the use is consistent with local planning and zoning; 
and
    4. If the use is consistent with State and Federal programs.
    You may also submit written comments regarding BLM's adherence to 
proper administrative procedures in reaching the decision. Comments 
received during this process, including respondent's name, address, and 
other contact information will be available for public review. 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.
    The BLM State Director will review any adverse comments and may 
sustain, vacate, or modify this decision. In the event the public does 
not submit adverse comments, the classification will become effective 
no sooner than January 29, 2010. The land will not be offered for 
conveyance until after the classification becomes effective.

    Authority: 43 CFR Subpart 2741.

David Rosenkrance,
Challis Field Manager.
[FR Doc. E9-28454 Filed 11-27-09; 8:45 am]
BILLING CODE 4310-GG-P