[Federal Register Volume 61, Number 173 (Thursday, September 5, 1996)]
[Notices]
[Page 46819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22549]


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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[NV-930-1430-01; N-40257, N-40258, N-40259, N-40260, N-40261, N-40262, 
N-40263, N-40264, N-40268, N-40269, N-40270, N-40990]


Termination of Desert Land Act/Carey Act Classification and 
Opening Order, Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: This notice terminates Desert Land Act/Carey Act 
classifications N-40257, N-40258, N-40259, N-40260, N-40261, N-40262, 
N-40263, N-40264, N-40268, N-40269, N-40260, and N-40990 in their 
entirety and opens the land to appropriation under the public land laws 
and general mining laws, subject to any valid existing rights.

EFFECTIVE DATE: September 20, 1996.

FOR FURTHER INFORMATION CONTACT: Mary R. Craggett, Bureau of Land 
Management, Battle Mountain Field Office, 50 Bastian Road, P.O. Box 
1420, Battle Mountain, Nevada 89820, (702) 635-4000.
SUPPLEMENTARY INFORMATION: On August 20, 1985, the public lands 
described below were classified as suitable for entry under the Desert 
Land Act (19 Stat. 377; 43 U.S.C. 231, as amended) and the Carey Act 
(28 Stat. 372, 422; 43 U.S. C. 641-647, as amended)

Mount Diablo Meridian, Nevada

T. 3 N., R. 53 E.,
    Sec. 1, lots 3 & 4, S\1/2\NW\1/4\, SW\1/4\;
    Sec. 3, S\1/2\;
    Sec. 7, lots 1 & 2, NE\1/4\, E\1/2\NW\1/4\;
    Sec. 8, N\1/2\;
    Sec. 10, N\1/2\;
    Sec. 12, N\1/2\.
T. 4 N., R. 53 E.,
    Sec. 14;
T. 4 N., R. 54 E.,
    Sec. 2, SW\1/4\;
    Sec. 3, SE\1/4\;
    Sec. 7, lot 4, SE\1/4\SW\1/4\, S\1/2\SE\1/4\;
    Sec. 16;
    Sec. 18, lot 1, N\1/2\NE\1/4\, NE\1/4\NW\1/4\.

    The area described contains 3,833.84 acres in Nye County.

    Entry to the lands was allowed in June and July of 1990 under 
provisions of the Desert Land Act, segregating the entered land from 
all other forms of appropriation under the public land laws, including 
location under the mining laws. Final proof on each entry was due 
within four years of entry allowance. Final proof was not made on any 
of the 12 entries, which were cancelled in 1995.
    The classification no longer serves any purpose; accordingly, 
pursuant to section 7 of the Taylor Grazing Act (48 Stat. 1272), the 
aforementioned classification for entry under the Desert Land Act or 
the Carey Act is hereby terminated.
    At 10 a.m. on September 20, 1996, 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 segregation of 
record, and the requirements of applicable law.
    At 10 a.m. on September 20, 1996, the land will be opened to 
location and entry under the United States mining laws and to the 
operation of the mineral leasing and material disposal laws, subject to 
valid existing rights, the provision of existing withdrawals, other 
segregation 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 determinations in local courts.

    Dated: August 22, 1996.
Gerald M. Smith,
District Manager, Battle Mountain.
[FR Doc. 96-22549 Filed 9-04-96; 8:45 am]
BILLING CODE 4310-HC-P