[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Notices]
[Page 30250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14628]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[CA-930-1430-01; CACA 7545, CACA 7882, CACA 7903, and CACA 7987]


Public Land Order No. 7332; Revocation of Executive Orders Dated 
July 2, 1910, November 23, 1911, and April 17, 1926; Secretarial Orders 
Dated August 18, 1894, and December 20, 1909; and Public Land Order No. 
6073; California

AGENCY: Bureau of Land Management, Interior.

ACTION: Public Land Order.

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SUMMARY: This order revokes: (a) an Executive order and a public land 
order which withdrew land for Public Water Reserve No. 107; (b) a 
Secretarial order and an Executive order, which withdrew land for Power 
Site Reserve No. 87; (c) an Executive order which withdrew land for 
Power Site Reserve No. 234; and (d) a Secretarial order which withdrew 
lands for Reservoir Site Reserve No. 18. The lands are no longer needed 
for the purposes for which they were withdrawn. This order will open 
160.10 acres of the lands to surface entry, and 40 acres of the same 
lands to mining, unless closed by overlapping withdrawals or temporary 
segregations of record. This is a record-clearing action only for 
159.91 acres, which have been conveyed out of Federal ownership. All of 
the lands that are still in Federal ownership have been and will remain 
open to mineral leasing.

EFFECTIVE DATE: July 6, 1998.

FOR FURTHER INFORMATION CONTACT: Duane Marti, BLM California State 
Office (CA-931.4), 2135 Butano Drive, Sacramento, California 95825, 
916-978-4675.
    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 (1994), it is ordered as follows:
    1(a). The Executive Order dated April 17, 1926, and Public Land 
Order No. 6073 (CACA 7545), which established Public Water Reserve No. 
107, are hereby revoked insofar as they affect the following described 
lands:

Mount Diablo Meridian

T. 9 N., R. 6 W.,
    Sec. 17, SW\1/4\NE\1/4\.

    The area described contains 40 acres in Napa County.

    (b). The Secretarial Order dated December 20, 1909, and the 
Executive Order dated July 2, 1910 (CACA 7882), which established Power 
Site Reserve No. 87, are hereby revoked insofar as they affect the 
following described lands:

Mount Diablo Meridian

T. 6 N., R. 14 E.,
    Sec. 7, SW\1/4\SE\1/4\.

    The area described contains 40 acres in Calaveras County.

    (c). The Executive Order dated November 23, 1911 (CACA 7903), which 
established Power Site Reserve No. 234, is hereby revoked insofar as it 
affects the following described lands:

Mount Diablo Meridian

T. 28 N., R. 7 E.,
    Sec. 8, lots 2, 3, and 4 (originally described as SW\1/4\SW\1/
4\);
    Sec. 17, W\1/2\NW\1/4\ and NW\1/4\SW\1/4\.

    The area described contains 160.01 acres in Plumas County.

    (d). The Secretarial Order dated August 18, 1894 (CACA 7987), which 
established Reservoir Site Reserve No. 18, is hereby revoked insofar as 
it affects the following described lands:

Mount Diablo Meridian

T. 9 N., R. 21 E.,
    Sec. 3, SE\1/4\SW\1/4\ and SE\1/4\SE\1/4\.

    The areas described aggregate 80 acres in Alpine County.

    2. The following described lands have been conveyed out of Federal 
ownership:

Mount Diablo Meridian

T. 28 N., R. 7 E.,
    Sec. 8, lots 2 and 4;
    Sec. 17, SW\1/4\NW\1/4\ and NW\1/4\SW\1/4\.
T. 9 N., R. 21 E.,
    Sec. 3, SE\1/4\SW\1/4\.

    The areas described aggregate 159.91 acres in Plumas and Alpine 
Counties.
This is a record-clearing action only.

    3. At 10 a.m. on July 6, 1998, the lands described in paragraph 
1(a)-(d), except those described in paragraph 2, 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 10 a.m. on July 6, 1998, shall be considered as 
simultaneously filed at that time. Those received thereafter shall be 
considered in the order of filing.
    4. At 10 a.m. on July 6, 1998, the lands described in paragraph 
1(d), except those described in paragraph 2, 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 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 attempted 
adverse possession under 30 U.S.C. 38 (1994), 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.
    5. The lands described above in paragraphs 1(b) and 1(c) have been 
open to mining under the provisions of the Mining Claims Rights 
Restoration Act of 1955, 30 U.S.C. 621 (1994). However, since this act 
applies only to lands withdrawn for power purposes, the provisions of 
the act are no longer applicable.
    6. For the land described above in paragraph 1(b), the State of 
California has waived its right of selection in accordance with the 
provisions of Section 24 of the Federal Power Act of June 10, 1920, as 
amended, 16 U.S.C. 818 (1994).

    Dated: May 14, 1998.
Bob Armstrong,
Assistant Secretary of the Interior.
[FR Doc. 98-14628 Filed 6-2-98; 8:45 am]
BILLING CODE 4310-40-P