[Federal Register Volume 59, Number 238 (Tuesday, December 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30561]


[[Page Unknown]]

[Federal Register: December 13, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43-CFR Public Land Order 7106

[MT-930-1430-01; MTM 41533]

 

Partial Revocation of Executive Order Dated January 12, 1911; 
Montana

AGENCY: Bureau of Land Management, Interior.
ACTION: Public Land Order.

-----------------------------------------------------------------------

SUMMARY: This order revokes an Executive order insofar as it affects 15 
acres of public land withdrawn for the Bureau of Land Management's 
Phosphate Reserve No. 7. The land is no longer needed for the purpose 
for which it was withdrawn. The revocation is needed to permit disposal 
of the land through exchange. This action will open the land to surface 
entry and nonmetalliferous mining. The land has been and remains open 
to mineral leasing.

EFFECTIVE DATE: January 12, 1995.

FOR FURTHER INFORMATION CONTACT: Sandra Ward, BLM Montana State Office, 
P.O. Box 36800, Billings, Montana 59107, 406-255-2949.
    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. The Executive Order dated January 12, 1911, which withdrew 
public land for the Bureau of Land Management's Phosphate Reserve No. 
7, is hereby revoked insofar as it affects the following described 
land:

Principal Meridian, Montana

T. 1 S., R. 9 W.,
    Sec. 32, SW\1/4\SW\1/4\NW\1/4\ and W\1/2\SE\1/4\SW\1/4\NW\1/4\.

    The area described contains 15 acres in Beaverhead and Silver 
Bow Counties.

    2. At 9 a.m. on January 12, 1995, the land will be opened to the 
operation of the public land laws generally, 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 January 12, 1995, 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 January 12, 1995, the land 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 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 attempting 
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 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: December 1, 1994.
Bob Armstrong,
Assistant Secretary of the Interior.
[FR Doc. 94-30561 Filed 12-12-94; 8:45 am]
BILLING CODE 4310-DN-P