[Federal Register Volume 60, Number 75 (Wednesday, April 19, 1995)]
[Rules and Regulations]
[Pages 19525-19526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9581]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Public Land Order 7134
[CA-930-1430-01; CACA 4661]
Partial Revocation of Executive Order Dated April 17, 1926,
Public Water Reserve No. 107; California
AGENCY: Bureau of Land Management, Interior.
ACTION: Public Land Order.
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SUMMARY: This order partially revokes an Executive Order insofar as it
affects 69.78 acres of public land withdrawn for a public water
reserve. The land is no longer needed for that purpose, and the partial
revocation is needed to facilitate a land exchange under Section 206 of
the Federal Land Policy and Management Act of 1976. This action will
open 69.78 acres to surface entry and nonmetalliferous mining unless
closed by overlapping withdrawals or temporary segregation of record.
The land has been and remains open to metalliferous mining and mineral
leasing.
EFFECTIVE DATE: May 19, 1995.
FOR FURTHER INFORMATION CONTACT: Duane Marti, BLM California State
Office, 2800 Cottage Way, Sacramento, California 95825-1889; 916-979-
2858.
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. The Executive Order of April 17, 1926, creating Public Water
Reserve No. 107, is hereby revoked insofar as it affects the following
described land:
Mount Diablo Meridian
T. 17 N., R. 10 E.,
Sec. 28, lots 5 and 7.
The area described contains 69.78 acres in Nevada County.
2. At 10 a.m. on May 19, 1995, the land will be opened to 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 10 a.m. on May 19, 1995, shall be considered as
simultaneously filed at that time. Those received thereafter shall be
considered in the order of filing.
3. At 10 a.m. on May 19, 1995, the land will be opened to location
and entry for nonmetalliferous mining 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
order under the general mining laws prior to the date and time of
restoration in unauthorized. Any such attempted appropriation,
including attempted adverse possession under 30 U.S.C. 38, 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 [[Page 19526]] rival
locators over possessory rights since Congress has provided for such
determination in local courts.
Dated: April 4, 1995.
Bob Armstrong,
Assistant Secretary of the Interior.
[FR Doc. 95-9581 Filed 4-18-95; 8:45 am]
BILLING CODE 4310-40-P
