The amounts that S. 2873 directs the landowner be paid are not supported by the preliminary appraisal for this property and, in fact, are considerably in excess of the appraised values on other adjacent properties. We see no justification to add interest, reasonable costs, expenses of holding the property and attorney fees to any settlement with the private landowner. Given the early absence of clear title and other delays in final settlement, no such considerations are in the public interest. The bill also legislates the acquisition of 34 acres adjacent to but not within the Reserve. This parcel abuts the Reserve on only one side and is surrounded on three sides by private land which has been developed.
Access is available to the parcel through adjacent lands.
The parcel has not been included in any agreement, it is not addressed in the HCP and because of its size and configuration, it has marginal potential for habitat management. We have no reason to believe that the public interest would be well served by this 34-acre acquisition. The BLM has attempted to work with ELT over the last four years to reach agreement on a fair and reasonable process in conducting appraisals in reaching agreement on the value of the remaining 1,500 acres. After completing a number of previous transactions using approved and acceptable appraisal standards, the company has departed from the process and sought independent private appraisers who have used appraisal assumptions not consistent with BLM policies and procedures used on previous HCP acquisitions. All previous appraisal reports have complied with Public Law 104-333, the Omnibus Parks and Public Lands Management Act of 1996, which requires the BLM to disregard the listing of the Desert Tortoise in the appraisals and determination of value for other properties.