[Federal Register Volume 63, Number 176 (Friday, September 11, 1998)]
[Notices]
[Pages 48753-48754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24437]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CA-060-1430-01; CACA 7195]
Termination of Classification of Public Land for Small Tract
Classification Number 368, and Opening Order; California
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
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SUMMARY: This notice terminates, in its entirety, the following
classification, which classified public land for disposition pursuant
to the Small Tract Act of June 1, 1938: CACA 7195--Small Tract
Classification Number 368. 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repealed by the Federal Land Policy and Management Act of 1976 (43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replaced the repealed act.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 75 acres described under the above
described classification, 35 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 40 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 termination is necessary to facilitate the completion
of a pending land exchange.
EFFECTIVE DATE: The termination of the classification is effective on
September 11, 1998. The public land will be opened to entry at 10 a.m.
on October 13, 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.
[[Page 48754]]
SUPPLEMENTARY INFORMATION:
1. CACA 7195--Small Tract Act Classification Number 368
T. 14 N., R. 9 E., San Bernardino Meridian
Sec. 30, W\1/2\NE\1/4\NE\1/4\NE\1/4\, NW\1/4\NE\1/4\NE\1/4\,
S\1/2\NE\1/4\NE\1/4\, and SE\1/4\NE\1/4\.
The area described contains 75 acres in San Bernardino County.
On May 15, 1953, 80 acres of public land were classified as
suitable for lease and sale for home and business site purposes only
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 May
21, 1953 (18 FR 2932). On February 15, 1954, 5 acres of land were
revoked from the classification. The revocation decision was published
in the Federal Register on February 26, 1954 (19 FR 1097). After the
partial revocation, 75 acres of public land (as described above)
remained classified under the original decision. 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 75 acres classified, 35 acres have been conveyed out of
public ownership, with 40 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 Number 368 is
hereby terminated in its entirety. The classification no longer serves
a needed purpose as to the land described above.
3. Until appropriate rules and regulations are issued by the
Secretary of the Interior, the reserved minerals on the 35 acres of
conveyed lands will not be subject to location under the U.S. mining
laws.
4. At 10 a.m. on October 13, 1998, the 40 acres of public lands
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 October 13, 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 October 13, 1998, the 40 acres of public lands
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: September 3, 1998.
David McIlnay,
Chief, Branch of Lands.
[FR Doc. 98-24437 Filed 9-10-98; 8:45 am]
BILLING CODE 4310-40-p
