MEETINGS ON GROUPING CRITERIA

COUNTY RS 2477 RESOLUTION

COUNTY FILED RS 2477 ASSERTIONS ON RIGHTS OF WAY ON 161 NAMED USGS TOPO MAPS COVERING OWYHEE COUNTY

COUNTY RESOLUTION 11-01 ON JANUARY 4, 2011 PROVIDED FOR THE FOLLOWING ACTIONS AND PUBLIC INVOLVEMENT

COUNTY RS 2477 RESOLUTIONDEVELOPMENT, WITH PUBLIC INVOLVEMENT,

OF GROUPING CRITERIA

APPLICATION, WITH PUBLIC INVOLVEMENT, OF CRITERIA TO ROW’S ASSERTED

PRODUCTION OF PROPOSED AND FINAL MAPS, WITH PUBLIC INVOLVEMENT AND OBJECTION, FOR DELIVERY TO BLM FOR USE IN THEIR TRAVEL PLANNING PROCESS

POTENTIAL FOR ACTION IN FEDERAL COURT TO SEEK VALIDATION “IN WHOLE OR IN PART” OF ASSERTED ROW’S

GROUPING CRITERIAPUBLIC MEETINGS TO BE HELD WEEK OF

FEBRUARY 22ND

PURPOSE IS TO PRESENT DRAFT CRITERIA FOR PUBLIC REVIEW AND DISCUSSION

RESOLUTION PROVIDED FOR A 60 DAY COMMENT PERIOD, COMMENCING ON PUBLICATION IN AVALANCHE, FOR RECEIPT OF WRITTEN COMMENTS ON CRITERIA

APPLICATION OF GROUPING CRITERIAONCE FINALIZED, CRITERIA WILL BE

APPLIED TO ROW’S PROPOSED MAPS WILL BE PRODUCED

WHICH COLOR CODE THE GROUPINGS ON ROW’S LYING ON THE FEDERAL LANDS

PUBLIC NOTICE WILL BE PROVIDED THAT A 60 DAY PERIOD IS OPEN FOR WRITTEN COMMENT ON THE PROPOSED MAPS

PROPOSED AND FINAL MAPSFINAL MAPS WILL BE PRODUCED AFTER

CONSIDERATION OF PUBLIC COMMENTPUBLIC NOTICE WILL BE GIVEN OF A 60

DAY PERIOD FOR REVIEW AND PROTEST OF THE FINAL MAPS

US DISTRICT COURT UPON COMPLETION OF THE PROCESS,

BOARD MAY SEEK TO VALIDATE, IN WHOLE OR IN PART, IN THE U.S. DISTRICT COURT, DISTRICT OF IDAHO, THOSE RIGHTS-OF-WAY THAT FALL WITHIN THE GROUP IDENTIFIED AS “RIGHTS-OF-WAY TO BE RATIFIED AS R.S. 2477” BASED UPON THE APPLICABLE LAW AT THAT TIME.

DRAFT CRITERIAA. Rights-of-Way to be ratified as R.S. 2477:

This group includes those rights-of-way that cross land owned by the United States of America within Owyhee County that are illustrated on General Land Office Maps or through other competent evidence that were established as public roads by public use for 5-years before 1893, by public use and public maintenance for 5-years before 1976, and/or by County declaration before 1976

DRAFT CRITERIAB. Rights-of-Way to access private land and

Idaho State land: This group includes those rights-of-way that cross land owned by the United States of America within Owyhee County that are illustrated on General Land Office Maps or through other competent evidence that were used to access private land and State land within Owyhee County before 1976.

DRAFT CRITERIAC. Rights-of-Way to provide

“management/administrative access”: This group includes those rights-of-way that cross land owned by the United States of America within Owyhee County that provide management/administrative access across such land to exercise the rights, obligations and entitlements of a license/permit/land use authorization issued by an agency of the United States of America, like the Bureau of Land Management (“BLM”). These licenses are inclusive of grazing permits issued by the BLM. BLM maintains similar administrative authority to cross private lands owned by a grazing permit holder. See 43 C.F.R. 4130.3-2(h) (10/1/2005 Edition).

DRAFT CRITERIAD. Rights-of-Way to provide “livestock trailing

access”: This group includes those rights-of-way that cross land owned by the United States of America within Owyhee County that provide livestock trailing access across such land to exercise the rights, obligations and entitlements of a license/permit/land use authorization issued by an agency of the United States of America, like the Bureau of Land Management (“BLM”). These licenses are inclusive of grazing permits and crossing permits issued by the BLM. BLM maintains similar administrative authority to cross private lands owned by a grazing permit holder. See 43 C.F.R. 4130.3-2(h) (10/1/2005 Edition).

DRAFT CRITERIAE. Rights-of-Way not within any other group:

This group includes those rights-of-way that cross land owned by the United States of America within Owyhee County that are not otherwise determined at this time to be within any other group noted above. This determination, when made by the Board, is not intended to change or otherwise impair whatever status the right-of-way may have had, now or in the future, unless otherwise adjudicated under applicable law.

DRAFT CRITERIANo groups (and related criteria) intend to

cover the various rights-of-way that are shown on United States Department of the Interior Geological Survey Maps No. 1 through 161 and referenced in Owyhee County Resolution 94-03 that are on lands owned by private landowners or by the State of Idaho.

IMPORTANT REMINDER!

5 PM ON MARCH 14, 2011 IS THE DEADLINE

FOR DELIVERY OF WRITTEN COMMENTS ON

GROUPING CRITERIA