[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Notices]
[Pages 10036-10037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5041]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CA-060-1430-01; CACA 7291, CACA 7294, and CACA 7313]
Termination of Classifications of Public Lands for Small Tract
Classification Numbers 236, 243, and 388, and Opening Order; California
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
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SUMMARY: This notice terminates, in their entirety, the following three
classifications, which classified public lands for disposition pursuant
to the Small Tract Act of June 1, 1938: CACA 7291--Small Tract
Classification Number 236, CACA 7294--Small Tract Classification Number
243, CACA 7313--Small Tract Classification Number 388 The Small Tract
Act of June 1, 1938 was repealed by the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701), which contained provisions
providing broad authority that replaced the repealed act. Of the 1,000
acres described under the above described classifications, 774.375
acres have been conveyed out of public ownership pursuant to the Small
Tract Act of June 1, 1938. The mineral estates of those conveyed lands
were reserved to the United States. Until appropriate rules and
regulations are issued by the Secretary of the Interior, the reserved
minerals on the conveyed lands will not be subject to location under
the U.S. mining laws. A total of 225.625 acres still remain in public
ownership. Those lands will be opened to the operation of the public
land laws including the mining laws, subject to valid existing rights,
the provisions of existing withdrawals, other segregations of record,
and the requirements of applicable law. All of the lands have been and
remain open to the operation of the mineral leasing laws. The
terminations are necessary to facilitate the completion of a pending
land exchange. The lands, remaining in public ownership, will be opened
to exchange only, because they are currently segregated from the public
land laws, including the mining laws, by the pending land exchange.
EFFECTIVE DATE: Termination of the classifications are effective on
February 27, 1998. The public lands will be opened to entry at 10 a.m.
on March 30, 1998.
FOR FURTHER INFORMATION CONTACT: Duane Marti, BLM California State
Office (CA-931.4), 2135 Butano Drive, Sacramento, California 95825-
0451; telephone number 916-978-4675.
SUPPLEMENTARY INFORMATION:
1(a). CACA 7291--Small Tract Act Classification Number 236
T. 9 N., R. 2 W., San Bernardino Meridian
Sec. 12, W\1/2\NW\1/4\NE\1/4\.
The area described contains 20 acres in San Bernardino County.
On September 15, 1950, 20 acres of public land (as described above)
were classified as suitable for lease under the Act of June 1, 1938, as
amended (43 U.S.C. 682a-e). The classification decision was published
in the Federal Register on October 7, 1950 (15 FR 6790). The land was
segregated from all appropriation under the public land laws, including
mineral location under the general mining laws. The land has been and
will remain open to the mineral leasing laws.
Of the 20 acres originally classified, 18.125 acres have been
conveyed out of public ownership, with 1.875 acres remaining in public
ownership. The mineral estates of those conveyed lands were reserved to
the United States.
(b). CACA 7294--Small Tract Act Classification Number 243
T. 9 N., R. 2 W., San Bernardino Meridian
Sec. 11, S\1/2\.
sec. 12, S\1/2\N\1/2\ and S\1/2\.
The area described contains 800 acres in San Bernardino County.
On October 6, 1950, 800 acres of public land (as described above)
were classified as suitable for lease under the Act of June 1, 1938, as
amended (43 U.S.C. 682a-e). The classification decision was published
in the Federal Register on October 20, 1950 (15 FR 7032). The land was
segregated from all appropriation under the public land laws, including
mineral location under the general mining laws. The land has been and
will remain open to the mineral leasing laws.
Of the 800 acres originally classified, 648.75 acres have been
conveyed out of public ownership, with 151.25 acres remaining in public
ownership. The mineral estates of those conveyed lands were reserved to
the United States.
(c). CACA 7313--Small Tract Act Classification Number 388
T. 9 N., R. 2 W., San Bernardino Meridian Sec. 11, W\1/2\NE\1/
4\NE\1/4\, NW\1/4\NE\1/4\, S\1/2\NE\1/4\, and SW\1/4\NW\1/4\.
The area described contains 180 acres in San Bernardino County.
On October 28, 1953, 180 acres of public land (as described above)
were classified as suitable for lease under the Act of June 1, 1938, as
amended (43 U.S.C. 682a-e). The classification decision was published
in the Federal Register on November 4, 1953 (16 FR 6971). The land was
segregated from all appropriation under the public land laws, including
mineral location under the general mining laws. The land has been and
will remain open to the mineral leasing laws.
Of the 180 acres originally classified, 107.50 acres have been
conveyed out of public ownership, with 72.50 acres remaining in public
ownership. The mineral estates of those conveyed lands were reserved to
the United States.
2. Pursuant to the Federal Land Policy and Management Act of 1976,
as amended (43 U.S.C. 1701 et seq.), and the regulations contained in
43 CFR 2091.7-1(b)(2), Small Tract Act Classification Numbers 236, 243,
and 388 are hereby terminated in their
[[Page 10037]]
entirety. The classifications no longer serve a needed purpose as to
the lands described above.
3. Until appropriate rules and regulations are issued by the
Secretary of the Interior, the reserved minerals on 774.375 acres of
conveyed lands, as described above, will not be subject to location
under the U.S. mining laws.
4. At 10 a.m. on March 30, 1998, 225.625 acres of public lands, as
described above, will be opened to the operation of the public land
laws generally, subject to valid existing rights, the provision of
existing withdrawals, other segregations of record, and the requirement
of applicable law. All valid applications received at or prior to 10
a.m. on March 30, 1998 shall be considered as simultaneously filed at
that time. Those received thereafter shall be considered in the order
of filing.
5. At 10 a.m. on March 30, 1998, 225.625 acres of public lands, as
described above, 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 lands
described in this notice 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 (1994), 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
determination in local courts.
Dated: February 18, 1998.
Ed Hastey,
State Director.
[FR Doc. 98-5041 Filed 2-26-98; 8:45 am]
BILLING CODE 4310-40-P
