[Federal Register Volume 60, Number 124 (Wednesday, June 28, 1995)]
[Notices]
[Page 33427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15776]



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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CA-050-1430-01; CACA 12930]


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

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: This notice terminates Recreation and Public Purposes 
Classification, CACA 12930. The land will be opened to the operation of 
the public land laws including the mining laws, subject to valid 
existing rights, the provisions of existing withdrawals, other 
segregations of record, and the requirements of applicable law. The 
land has been and remains open to the operation of the mineral leasing 
laws.

EFFECTIVE DATE: Termination of the classification is effective on June 
28, 1995. The land will be open to entry at 10 a.m. on July 28, 1995.

FOR FURTHER INFORMATION CONTACT: Duane Marti, BLM California State 
Office (CA-931.4), 2800 Cottage Way, Room E-2845, Sacramento, 
California 95825-1889; telephone number 916-979-2858.

SUPPLEMENTARY INFORMATION: On July 2, 1982, I.O.O.F. Lodge No. 75 
submitted an application to purchase 1.12 acres of land for expansion 
of the existing French Gulch Cemetery. On January 17, 1983, the land 
described below was classified as suitable for lease or sale under the 
Recreation and Public Purposes Act of June 14, 1926, as amended (43 
U.S.C. 869 et seq.). The land was segregated from appropriation under 
the public lands laws and the general mining laws. The Classification 
Decision was published in the Federal Register, on February 1, 1983 (48 
FR 2559). On December 27, 1983, because the applicant had failed to 
comply with the terms of the lease offer, the application was denied. 
No appeal was filed within the time allowed and the case was closed. 
Pursuant to the Recreation and Public Purposes Act of June 14, 1926, as 
amended (43 U.S.C. 869 et seq.), and the regulations contained in 43 
CFR 2091.7-1(b)(1)(ii), Recreation and Public Purposes Classification, 
CACA 12930, is hereby terminated in its entirety and the segregation 
for the following described land is hereby terminated:

Mount Diablo Meridian

T. 33 N., R. 7 W.,
    Sec. 22, that portion of lot 9, further described as adjoining 
the present cemetery and lying directly to the west. Conforming with 
the present north-south measurement of 163 feet and a westerly 
extension of 300 feet containing approximately 1.12 acres.

    The classification no longer serves a needed purpose as to the 
land described above and is hereby terminated.

    At 10 a.m. on July 28, 1995, the land will be opened to the 
operation of the public land laws generally, subject to valid existing 
rights, the provision of existing withdrawals, other segregations of 
record, and the requirement of applicable law. All valid applications 
received at or prior to 10 a.m. on July 28, 1995 shall be considered as 
simultaneously filed at that time. Those received thereafter shall be 
considered in the order of filing.
    At 10 a.m. on July 28, 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 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 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 determination in local courts.

    Dated: June 19, 1995.
David McIlnay,
Chief, Branch of Lands.
[FR Doc. 95-15776 Filed 6-27-95; 8:45 am]
BILLING CODE 4310-40-P