[Federal Register Volume 59, Number 91 (Thursday, May 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11563]


[[Page Unknown]]

[Federal Register: May 12, 1994]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Public Land Order 7046

[AK-932-4210-06; AA-56429]

 

Partial Revocation of Executive Order No. 1919/2\, Dated 
February 14, 1921, as Amended, and Revocation of Public Land Order No. 
219, as Amended; Alaska

AGENCY: Bureau of Land Management, Interior.

ACTION: Public land order.

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SUMMARY: This order revokes and Executive Order and a public land 
order, both as amended, insofar as they affect approximately 5,728 
acres of National Forest System and public land withdrawn for townsite 
purposes at Passage Canal (Portage Bay), Alaska. The land is no longer 
needed for the purpose for which it was withdrawn. This action also 
opens the land for selection by the State of Alaska, if such land is 
otherwise available, Any land described herein that is not conveyed to, 
or selected by the State, will be subject to the terms and conditions 
of the National Forest reservation on any other withdrawal of record.

EFFECTIVE DATE: May 12, 1994.

FOR FURTHER INFORMATION CONTACT:
Sue A. Wolf, BLM Alaska State Office, 222 W. 7th Avenue, No. 13, 
Anchorage, Alaska 99513-7599, 907-271-5477.
    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 (1988), it is ordered as follows:
    1. Executive Order No. 1919\1/2\ (Alaska Townsite Withdrawal No. 
1), dated February 14, 1921, and Public Land Order No. 219, both as 
amended, which withdrew land at Passage Canal (Portage Bay) for 
townsite purposes, are hereby revoked insofar as they affect the 
following described land:

Seward Meridian

    A parcel of land located within secs. 10 to 15, inclusive, and 
secs. 22 to 27, inclusive, of T. 8 N., R. 4 E., and secs. 19, 20, 
29, and 30, of T. 8 N., R. 5 E., more particularly described as:
    Beginning at a point from which the highest point of the most 
northerly knob, about 50 feet high, on the well-defined glaciated 
spur between Passage Canal and Portage Glacier, about 1\1/4\ miles 
southwest of Passage Canal, bears west one-quarter mile.

    From the point of beginning, South, 40 chains, to a point 
approximate latitude 60 deg.45'45'' N., and longitude 148 deg.45' 
W.; East, 300 chains; North, 140 chains; West, 80 chains; North, 100 
chains; West, 220 chains; South, 200 chains, to the place of 
beginning.

    The area described aggregates 6,400 acres, including land and 
water surface.

    Portions of the area described above have been conveyed out of 
Federal ownership; therefore, the area affected by this order contains 
approximately 5, 728 acres of National Forest System lands and public 
land.
    2. Subject to valid and existing rights, the land described above, 
if such land is otherwise available, is hereby opened for selection by 
the State of Alaska under the Alaska Statehood Act of July 7, 1958, 48 
U.S.C. note prec. 21 (1988).
    3. The State of Alaska applications for selection made under 
section 6(a) of the Alaska Statehood Act of July 7, 1958, and under 
Section 906(e) of the Alaska National Interest Lands Conservation Act, 
43 U.S.C. 1635(e)(1988), become effective without further action by the 
State upon publication of this public land order in the Federal 
Register, if such land is otherwise available. Any of that land not 
conveyed to the State will be subject to the terms and conditions of 
the Chugach National Forest reservation or any other withdrawal of 
record.
    4. At 10 a.m. on June 13, 1994, that land not selected by the State 
under the provisions of the Statehood Act will be opened to such forms 
of disposition as may be law be made of National Forest System land, 
including location and entry under the United States mining laws. 
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 to 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.
    5. A portion of the area affected by this order is public land, and 
has been and will remain subject to overlapping Public Land Order Nos. 
396, 587, 2667, or 2791, and the terms and conditions of those Public 
Land Orders remain otherwise unchanged by this order.

    Dated: April 22, 1994.
Bob Armstrong,
Secretary of the Interior.
[FR Doc. 94-11563 Filed 5-11-94; 8:45 am]
BILLING CODE 4310-JA-M