[Federal Register Volume 59, Number 37 (Thursday, February 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4092]


[[Page Unknown]]

[Federal Register: February 24, 1994]


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DEPARTMENT OF THE INTERIOR
[NV-930-4210-05; N-33727]

 

Termination of Recreation and Public Purposes Classification and 
Opening Order; Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: This notice terminates Recreation and Public Purposes 
classification, N-33727 in its entirety and opens the land to 
appropriation under the public land laws and the general mining laws.

EFFECTIVE DATE: Termination of the classification is effective with the 
publication of this document. The land will be open to entry at 10 a.m. 
on March 28, 1994.

FOR FURTHER INFORMATION CONTACT:
Mary Clark, BLM Nevada State Office, 850 Harvard Way, P.O. Box 12000, 
Reno, NV 89520, (702) 785-6530.

SUMMARY: In 1983, in response to an application from the City of Elko 
for a sewage treatment facility, the lands described in this notice 
were classified as suitable for lease with an option to purchase 
pursuant to the Recreation and Public Purposes Act, as amended (43 
U.S.C. 869, 869-1 to 869-4). Disposal of these lands for a sewage 
treatment facility is no longer authorized under the Recreation and 
Public Purposes Act. Therefore, pursuant to section 7 of the Taylor 
Grazing Act (48 Stat. 1272) and the authority delegated by Appendix 1 
of Bureau of Land Management Manual 1203, Recreation and Public 
Purposes classification N-33727 is hereby terminated in its entirety:

Mount Diablo Meridian, Nevada

T. 34 N., R. 55 E.,
    Sec. 28, SW\1/4\NE\1/4\, S\1/2\NW\1/4\, SW\1/4\, W\1/2\W\1/
2\SE\1/4\;
    Sec. 29, lots 1-4, inclusive SE\1/4\NE\1/4\, SE\1/2\SW\1/4\, 
SE\1/4\;
    Sec. 32, NE\1/4\NW\1/4\NW\1/4\, S\1/2\NW\1/4\NW\1/4\, SW\1/
4\NW\1/4\,W\1/2\SE\1/4\;

    The area described contains approximately 847.82 acres in Elko 
County, Nevada.

    At 10 a.m. on March 28, 1994, the land will be open to the 
operation of the public land laws, subject to valid existing rights, 
existing classifications and withdrawals, pending lawsuits, and 
requirements of applicable law. All valid applications received prior 
to or at 10 a.m. on March 28, 1994 will be considered as simultaneously 
filed. All other applications received will be considered in the order 
of filing.
    At 10 a.m. on March 28, 1994, the land will also be open to the 
operation of the mining laws. Appropriation of land 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, 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. The land remains 
open to the mineral leasing and material sale laws.
Robert G. Steele,
Deputy State Director, Operations.
[FR Doc. 94-4092 Filed 2-23-94; 8:45 am]
BILLING CODE 4310-HC-M