[Federal Register Volume 60, Number 157 (Tuesday, August 15, 1995)]
[Rules and Regulations]
[Pages 42067-42068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20147]



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

 DEPARTMENT OF THE INTERIOR

 Bureau of Land Management

43 CFR Public Land Order 7153

[MT-930-1430-01; MTM 40641]


Partial Revocation of Executive Order Dated July 9, 1910; Montana

AGENCY: Bureau of Land Management, Interior.

ACTION: Public land order.

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

SUMMARY: This order revokes an Executive order insofar as it affects 
3,562.91 acres of public lands withdrawn for the Bureau of Land 
Management's Coal Reserve Montana No. 1. The lands are no longer needed 
for the purpose for which they were withdrawn. The revocation is needed 
to permit disposal of the lands through exchange. This action will open 
the lands to surface entry and non-metalliferous mining unless closed 
by overlapping withdrawals or temporary segregations of record. The 
lands have been and remain open to metalliferous mining and mineral 
leasing.

EFFECTIVE DATE: September 14, 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 

[[Page 42068]]
Management Act of 1976, 43 U.S.C. 1714 (1988), it is ordered as 
follows:
    1. The Executive Order dated July 9, 1910, which withdrew public 
lands for the Bureau of Land Management's Coal Reserve Montana No. 1, 
is hereby revoked insofar as it affects the following described lands:

Principal Meridian, Montana

(Exchange MTM 82115--Rypkema Unit):

T. 6 S., R. 49 E.,
    Sec. 25, SW\1/4\NE\1/4\, NW\1/4\, and S\1/2\;
    Sec. 26, W\1/2\NE\1/4\ and NW\1/4\;
    Sec. 35, S\1/2\NE\1/4\, NW\1/4\, and S\1/2\.
T. 7 S., R. 49 E.,
    Sec. 1, lot 1;
    Sec. 4, lots 1 to 4, inclusive, SW\1/4\NW\1/4\ and NW\1/4\SW\1/
4\;
    Sec. 5, lots 1 and 2, S\1/2\NE\1/4\, and N\1/2\SE\1/4\;
    Sec. 12, lots 1, 2, and 3.
T. 6 S., R. 50 E.,
    Sec. 28, that portion of the S\1/2\SW\1/4\ lying north and west 
of the river;
    Sec. 29, NE\1/4\SW\1/4\;
    Sec. 30, lots 3 and 4, E\1/2\SW\1/4\, and W\1/2\SE\1/4\;
    Sec. 31, lots 1 to 4, inclusive, NW\1/4\NE\1/4\, and E\1/2\NW\1/
4\;
    Sec. 32, that portion of the E\1/2\NE\1/4\ lying north and west 
of the river.
T. 7 S., R. 50 E.,
    Sec. 6, lots 5 and 11.

(Exchange MTM 81618--Home Unit):

T. 6 S., R. 49 E.,
    Sec. 34, NW\1/4\SW\1/4\.
T. 7 S., R. 49 E.,
    Sec. 3, S\1/2\SW\1/4\;
    Sec. 4, N\1/2\SE\1/4\;
    Sec. 5, lots 3 and 4, S\1/2\NW\1/4\, and S\1/2\SE\1/4\;
    Sec. 20, NW\1/4\ and N\1/2\SW\1/4\;
    Sec. 21, lot 3;
    Sec. 29, lot 13;
    Sec. 30, lots 2, 3, and 4, SE\1/4\NW\1/4\, and NE\1/4\SW\1/4\;
    Sec. 31, lots 1, 2, and 3;
    Sec. 32, lot 2.
T. 8 S., R. 49 E.,
    Sec. 6, lot 6;
    Sec. 7, lots 2 and 4.

    The areas described aggregate 3,562.91 acres in Powder River 
County.

    2. At 9 a.m. on September 14, 1995, the lands described above 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 September 14, 
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 September 14, 1995, the lands will be opened to 
location and entry for non-metalliferous mining 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 lands 
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: August 4, 1995.
Bob Armstrong,
Assistant Secretary of the Interior.
[FR Doc. 95-20147 Filed 8-14-95; 8:45 am]
BILLING CODE 4310-DN-M