[Federal Register: March 9, 2004 (Volume 69, Number 46)]
[Notices]
[Page 11037]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr04-107]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[AK-932-5420-EU-L021; AA-085085]
Notice of Application for Recordable Disclaimer of Interest for
Lands Underlying Porcupine River in Alaska
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
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SUMMARY: The State of Alaska has submitted an application for a
recordable disclaimer of interest pursuant to section 315 of the
Federal Land Policy and Management Act and the regulations contained in
43 CFR 1864. A recordable disclaimer of interest, if issued, will
confirm the United States has no valid interest in the subject lands.
This notice is intended to notify the public of the pending application
and the State's grounds supporting it.
DATES: A final decision on the merit of the application will not be
made until 90 days has elapsed from the date of publication of this
notice. During the 90-day period, interested parties may submit
comments on the State's application, BLM Serial number AA-085085.
ADDRESSES: Comments should be sent to the Chief, Branch of Lands and
Realty, BLM Alaska State Office, 222 West 7th Avenue, No. 13,
Anchorage, Alaska 99513-7599.
FOR FURTHER INFORMATION CONTACT: Mike Haskins, Branch of Lands and
Realty at 907-271-3248 or visit the recordable disclaimer of interest
Web site at http://www.ak.blm.gov/ak930/rdi/index.html.
SUPPLEMENTARY INFORMATION: On December 10, 2003, the State of Alaska
filed an application for a recordable disclaimer of interest for lands
underlying the Porcupine River. The State asserts the river is
navigable, and under the Equal Footing Doctrine and Submerged Lands Act
of 1953, ownership of the submerged lands automatically passed from the
United States to the State at the time of statehood in 1959. The
State's evidence of navigability of the Porcupine River includes: a
letter dated May 13, 1974, from the BLM Alaska State Director, an
administrative navigability determination made by the BLM dated April
21, 1983, and a reference to the Washington Treaty signed on May 8,
1871, by the United States and Great Britain. The treaty guaranteed the
use of certain navigable rivers crossing the International Boundary
between Alaska and Canada, and pursuant to Article XXVI of the treaty,
navigation rights ``for the purposes of commerce'' on the Porcupine
River were permanently established.
The application is for the bed of the Porcupine River and all
interconnecting sloughs between the ordinary high water marks on its
banks from the Alaska/Canada International Border in sections 22 and
27, T. 30 N., R. 30 E., Fairbanks Meridian (FM), Alaska, downstream
about 225 miles to its confluence with the Yukon River within T. 20 N.,
R. 10 E. and T. 20 N., R. 11 E., FM.
The State did not identify any known adverse claimant or occupant
of the affected lands.
Dated: January 30, 2004.
Mike Haskins,
Chief, Branch of Lands and Realty.
[FR Doc. 04-5237 Filed 3-8-04; 8:45 am]