[Federal Register Volume 60, Number 124 (Wednesday, June 28, 1995)]
[Notices]
[Page 33427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15776]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CA-050-1430-01; CACA 12930]
Termination of Recreation and Public Purposes Classification and
Opening Order; California
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
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SUMMARY: This notice terminates Recreation and Public Purposes
Classification, CACA 12930. The land 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. The
land has been and remains open to the operation of the mineral leasing
laws.
EFFECTIVE DATE: Termination of the classification is effective on June
28, 1995. The land will be open to entry at 10 a.m. on July 28, 1995.
FOR FURTHER INFORMATION CONTACT: Duane Marti, BLM California State
Office (CA-931.4), 2800 Cottage Way, Room E-2845, Sacramento,
California 95825-1889; telephone number 916-979-2858.
SUPPLEMENTARY INFORMATION: On July 2, 1982, I.O.O.F. Lodge No. 75
submitted an application to purchase 1.12 acres of land for expansion
of the existing French Gulch Cemetery. On January 17, 1983, the land
described below was classified as suitable for lease or sale under the
Recreation and Public Purposes Act of June 14, 1926, as amended (43
U.S.C. 869 et seq.). The land was segregated from appropriation under
the public lands laws and the general mining laws. The Classification
Decision was published in the Federal Register, on February 1, 1983 (48
FR 2559). On December 27, 1983, because the applicant had failed to
comply with the terms of the lease offer, the application was denied.
No appeal was filed within the time allowed and the case was closed.
Pursuant to the Recreation and Public Purposes Act of June 14, 1926, as
amended (43 U.S.C. 869 et seq.), and the regulations contained in 43
CFR 2091.7-1(b)(1)(ii), Recreation and Public Purposes Classification,
CACA 12930, is hereby terminated in its entirety and the segregation
for the following described land is hereby terminated:
Mount Diablo Meridian
T. 33 N., R. 7 W.,
Sec. 22, that portion of lot 9, further described as adjoining
the present cemetery and lying directly to the west. Conforming with
the present north-south measurement of 163 feet and a westerly
extension of 300 feet containing approximately 1.12 acres.
The classification no longer serves a needed purpose as to the
land described above and is hereby terminated.
At 10 a.m. on July 28, 1995, the land 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 July 28, 1995 shall be considered as
simultaneously filed at that time. Those received thereafter shall be
considered in the order of filing.
At 10 a.m. on July 28, 1995, the land 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 land described in this order 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 (1988), 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: June 19, 1995.
David McIlnay,
Chief, Branch of Lands.
[FR Doc. 95-15776 Filed 6-27-95; 8:45 am]
BILLING CODE 4310-40-P
