[Federal Register: September 29, 2004 (Volume 69, Number 188)]
[Notices]
[Page 58200-58201]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se04-86]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NV-930-1430-ET; Nev-045154; 4-08807]
Public Land Order No. 7617; Partial Revocation of Public Land
Order No. 2307; Nevada
AGENCY: Bureau of Land Management, Interior.
ACTION: Public land order.
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SUMMARY: This order partially revokes Public Land Order No. 2307
insofar as it affects approximately 19 acres of land withdrawn for use
by the Department of the Air Force in Nye County, Nevada. This order
opens the land to surface entry, mining, mineral leasing, and mineral
material disposals.
DATES: October 29, 2004.
FOR FURTHER INFORMATION CONTACT: Wendy Seley, BLM Tonopah Field
Station, P.O. Box 911, 1553 South Main, Tonopah, Nevada 89049, (775)
482-7800.
SUPPLEMENTARY INFORMATION: On March 21, 1961, Public Land Order No.
2307 withdrew three parcels of land which included a Department of the
Air Force radar site. The radar site is no longer needed and has been
relinquished by the Air Force.
Order
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 (2000), it is ordered as follows:
1. Public Land Order No. 2307, which withdrew public land for use
by the Department of the Air Force for the Beatty Range Radar Site, is
hereby revoked insofar as it affects the following described land:
Mount Diablo Meridian
T. 10 S., R. 46 E.,
Sec. 9, unsurveyed. Commencing for reference at a point on a
high peak whose approximate geographical location is latitude
37[deg]05' and longitude 116[deg]49' thence south 466.69 feet to the
point of beginning; thence West, 466.69 feet; North, 933.38 feet;
East, 933.38 feet; South, 933.38 feet; West, 466.69 feet to the
point of beginning.
The tract described contains approximately 19 acres in Nye County.
2. At 9 a.m. on October 29, 2004, the land described in paragraph
1, will be opened to the operation of the public land laws generally,
the operation of the mineral leasing laws, and the mineral material
laws, 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 9 a.m.
on October 29, 2004, shall be considered as simultaneously filed at
that time. Those received thereafter shall be considered in the order
of filing.
3. At 9 a.m. on October 29, 2004, the land described in paragraph
1, 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
[[Page 58201]]
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 (2000), 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
determinations in local courts.
Dated: September 14, 2004.
Rebecca W. Watson,
Assistant Secretary--Land and Minerals Management.
[FR Doc. 04-21776 Filed 9-28-04; 8:45 am]