[Federal Register Volume 63, Number 166 (Thursday, August 27, 1998)]
[Notices]
[Pages 45858-45860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23047]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[OR-990-0777-68; GP8-0146; OR-9041]


Public Land Order No. 7358; Modification and Partial Revocation 
of Executive Order Dated April 17, 1926; Oregon

AGENCY: Bureau of Land Management, Interior.

ACTION: Public land order.

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SUMMARY: This order modifies an Executive order to establish a 20-year 
term as to 334.57 acres of public lands

[[Page 45859]]

withdrawn for Bureau of Land Management Public Water Reserve No. 107. 
The lands will remain closed to surface entry and opened to 
nonmetalliferous mining. This order also revokes the same Executive 
order insofar as it affects 7,707.04 acres. These lands do not meet the 
criteria for a public water reserve. This action will open the lands to 
surface entry and nonmetalliferous mining, unless included in other 
segregations of record. All of the lands have been and will remain open 
to metalliferous mining and mineral leasing unless included in other 
segregations of record.

EFFECTIVE DATE: September 28, 1998.

FOR FURTHER INFORMATION CONTACT: Charles R. Roy, BLM Oregon/Washington 
State Office, P.O. Box 2965, Portland, Oregon 97208-2965, 503-952-6189.
    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. The Executive Order dated April 17, 1926, which established 
Public Water Reserve No. 107, is hereby modified to expire 20 years 
from the effective date of this order unless, as a result of a review 
conducted before the expiration date pursuant to Section 204(f) of the 
Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714(f) 
(1994), the Secretary determines that the withdrawal shall be extended 
insofar as it affects the following described lands:

Willamette Meridian

T. 41 S., R. 14\1/2\ E.,
    Sec. 1, SW\1/4\NE\1/4\.
T. 36 S., R. 22 E.,
    Sec. 7, SE\1/4\SW\1/4\.
T. 30 S., R. 23 E.,
    Sec. 25, NW\1/4\SE\1/4\.
T. 32 S., R. 23 E.,
    Sec. 14, SE\1/4\NE\1/4\.
T. 40 S., R. 23 E.,
    Sec. 28, NW\1/4\SE\1/4\SW\1/4\ and S\1/2\SE\1/4\SW\1/4\.
T. 38 S., R. 24 E.,
    Sec. 31, SW\1/4\NW\1/4\NE\1/4\;
T. 41 S., R. 24 E.,
    Sec. 21, SE\1/4\SE\1/4\ of lot 1;
    Sec. 22, SW\1/4\SW\1/4\ of lot 4.
T. 40 S., R. 28 E.,
    Sec. 1, E\1/2\SE\1/4\SE\1/4\.
T. 40 S., R. 29 E.,
    Sec. 6, NW\1/4\ of lot 7 and S\1/2\ of lot 7;
    Sec. 7, NW\1/4\SW\1/4\NE\1/4\, S\1/2\SW\1/4\NE\1/4\, E\1/2\SE\1/
4\NW\1/4\, N\1/2\NW\1/4\SE\1/4\, and SE\1/4\NW\1/4\SE\1/4\.

    The areas described aggregate 334.57 acres in Harney, Klamath, 
and Lake Counties.

    The lands described above continue to be withdrawn from settlement, 
sale, location, or entry under the public land laws, but have been and 
will remain open to metalliferous mining and leasing under the mineral 
leasing laws, to protect Public Water Reserve No. 107, unless included 
in other segregations of record.
    2. The Executive Order dated April 17, 1926, which established 
Public Water Reserve No. 107, is hereby revoked insofar as it affects 
the following described lands:

Willamette Meridian

    (a) Public Lands
T. 40 S., R. 10 E.,
    Sec. 11, S\1/2\NW\1/4\.
T. 41 S., R. 14\1/2\ E.,
    Sec. 1, lots 1 to 4, inclusive, SE\1/4\NE\1/4\, S\1/2\NW\1/4\, 
and S\1/2\.
T. 24 S., R. 20 E.,
    Sec. 2, W\1/2\;
    Sec. 3, S\1/2\NE\1/4\, S\1/2\SW\1/4\, and SE\1/4\;
    Sec. 4, W\1/2\E\1/2\ and SE\1/4\SE\1/4\;
    Sec. 9, E\1/2\;
    Sec. 10, W\1/2\E\1/2\ and W\1/2\.
T. 36 S., R. 22 E.,
    Sec. 6, lots 6 and 7;
    Sec. 7, lots 3 and 4, and NE\1/4\SW\1/4\.
T. 38 S., R. 22 E.,
    Sec. 24, E\1/2\SW\1/4\.
T. 40 S., R. 22 E.,
    Sec. 13, E\1/2\E\1/2\.
T. 30 S., R. 23 E.,
    Sec. 24, SE\1/4\SE\1/4\.
T. 32 S., R. 23 E.,
    Sec. 13, SE\1/4\NW\1/4\ and E\1/2\SW\1/4\;
    Sec. 14, NE\1/4\NW\1/4\.
T. 38 S., R. 23 E.,
    Sec. 34, S\1/2\SW\1/4\.
T. 39 S., R. 23 E.,
    Sec. 3, lots 2 and 3.
T. 40 S., R. 23 E.,
    Sec. 7, lots 3 to 6, inclusive, NE\1/4\SW\1/4\, and N\1/2\SE\1/
4\;
    Sec. 8, W\1/2\SW\1/4\;
    Sec. 17, W\1/2\W\1/2\;
    Sec. 18, lots 1 to 6, inclusive, SE\1/4\SW\1/4\, and S\1/2\SE\1/
4\;
    Sec. 20, E\1/2\NE\1/4\;
    Sec. 21, SW\1/4\SW\1/4\;
    Sec. 28, SW\1/4\NW\1/4\ and NE\1/4\SE\1/4\SW\1/4\.
T. 35 S., R. 24 E.,
    Sec. 9.
T. 38 S., R. 24 E.,
    Sec. 29, SW\1/4\SW\1/4\;
    Sec. 30, S\1/2\SE\1/4\;
    Sec. 31, NE\1/4\NE\1/4\, E\1/2\NW\1/4\NE\1/4\, NW\1/4\NW\1/
4\NE\1/4\, and S\1/2\NE\1/4\;
    Sec. 32, W\1/2\NW\1/4\.
T. 41 S., R. 24 E.,
    Sec. 21, N\1/2\ of lot 1, SW\1/4\ of lot 1, N\1/2\SE\1/4\ of lot 
1, SW\1/4\SE\1/4\ of lot 1;
    Sec. 22, N\1/2\ of lot 4, N\1/2\SW\1/4\ of lot 4, SE\1/4\SW\1/4\ 
of lot 4, SE\1/4\ of lot 4.
T. 35 S., R. 25 E.,
    Sec. 23, SW\1/4\NE\1/4\, S\1/2\NW\1/4\, and NE\1/4\SW\1/4\.
T. 40 S., R. 25 E.,
    Sec. 23, W\1/2\SE\1/4\;
    Sec. 35, NW\1/4\SW\1/4\.
T. 36 S., R. 26 E.,
    Sec. 3, SE\1/4\NE\1/4\ and NE\1/4\SE\1/4\;
    Sec. 9, SW\1/4\SW\1/4\;
    Sec. 15, N\1/2\NW\1/4\ and SW\1/4\NW\1/4\.
T. 38 S., R. 26 E.,
    Sec. 11, SW\1/4\SE\1/4\;
    Sec. 13, NW\1/4\NW\1/4\, S\1/2\NW\1/4\, E\1/2\SW\1/4\, and SW\1/
4\SE\1/4\;
    Sec. 14, N\1/2\NE\1/4\;
    Sec. 24, NE\1/4\NE\1/4\.
T. 35 S., R. 27 E.,
    Sec. 3, SW\1/4\NW\1/4\.
T. 38 S., R. 27 E.,
    Sec. 2, SE\1/4\NE\1/4\;
    Sec. 19, lots 1 and 2, and E\1/2\NW\1/4\.
T. 39 S., R. 27 E.,
    Sec. 34, lots 11 to 18, inclusive.
T. 40 S., R. 28 E.,
    Sec. 1, SE\1/4\SW\1/4\, N\1/2\SE\1/4\, SW\1/4\SE\1/4\, and W\1/
2\SE\1/4\SE\1/4\;
    Sec. 12, NE\1/4\ and NE\1/4\NW\1/4\.
T. 40 S., R. 29 E.,
    Sec. 6, lot 6, NE\1/4\ of lot 7, and E\1/2\SW\1/4\;
    Sec. 7, lots 1 to 4, inclusive, NW\1/4\NE\1/4\, NE\1/4\SW\1/
4\NE\1/4\, W\1/2\SE\1/4\NW\1/4\, E\1/2\SW\1/4\, SW\1/4\NW\1/4\SE\1/
4\, and SW\1/4\SE\1/4\;
    Sec. 18, lot 1 and NE\1/4\NW\1/4\.
T. 41 S., R. 29 E.,
    Sec. 7, SE\1/4\SW\1/4\ and SW\1/4\SE\1/4\.

    (b) National Forest System Lands

Fremont National Forest

T. 30 S., R. 14 E.,
    Sec. 16, SE\1/4\SW\1/4\ and SW\1/4\SE\1/4\.

    The areas described in (a) and (b) aggregate 7,707.04 acres in 
Harney, Klamath, and Lake Counties.

    3. The following described lands will remain closed to surface 
entry and mining due to an overlapping withdrawal for the Hart 
Mountain National Antelope Refuge:

Willamette Meridian.

T. 36 S., R. 26 E.,
    Sec. 3, SE\1/4\NE\1/4\ and NE\1/4\SE\1/4\;
    Sec. 9, SW\1/4\SW\1/4\;
    Sec. 15, N\1/2\NW\1/4\ and SW\1/4\NW\1/4\.
T. 35 S., R. 27 E.,
    Sec. 3, SW\1/4\NW\1/4\.

    The areas described aggregate 280 acres in Lake County.

    4. The following described lands are included in a Bureau of Land 
Management withdrawal made by Public Land Order No. 5490, as modified 
by Public Land Order Nos. 5542 and 7043 for multiple use, and will 
remain closed to the agricultural land laws:

Willamette Meridian

T. 38 S., R. 22 E.,
    Sec. 24, E\1/2\SW\1/4\.
T. 41 S., R. 24 E.,
    Sec. 21, N\1/2\ of lot 1, SW\1/4\ of lot 1, N\1/2\SE\1/4\ of lot 
1, SW\1/4\SE\1/4\ of lot 1;
    Sec. 22, N\1/2\ of lot 4, N\1/2\SW\1/4\ of lot 4, SE\1/4\SW\1/4\ 
of lot 4, SE\1/4\ of lot 4.

    The areas described aggregate 154.11 acres in Lake County.

    5. The following described lands are included in a Bureau of Land 
Management Wilderness Study Area and will remain closed to mineral 
leasing and permits:

[[Page 45860]]

Willamette Meridian

T. 39 S., R. 23 E.,
    Sec. 3, lots 2 and 3.
T. 38 S., R. 24 E.,
    Sec. 29, SW\1/4\SW\1/4\;
    Sec. 30, S\1/2\SE\1/4\;
    Sec. 31, NE\1/4\NE\1/4\, E\1/2\NW\1/4\NE\1/4\, NW\1/4\NW\1/
4\NE\1/4\, and S\1/2\NE\1/4\;
    Sec. 32, W\1/2\NW\1/4\.
T. 38 S., R. 26 E.,
    Sec. 11, SW\1/4\SE\1/4\;
    Sec. 13, NW\1/4\NW\1/4\, S\1/2\NW\1/4\, E\1/2\SW\1/4\, and SW\1/
4\SE\1/4\;
    Sec. 14, N\1/2\NE\1/4\;
    Sec. 24, NE\1/4\NE\1/4\.
T. 38 S., R. 27 E.,
    Sec. 19, lots 1 and 2, and E\1/2\NW\1/4\.
T. 40 S., R. 28 E.,
    Sec. 1, SE\1/4\SW\1/4\, N\1/2\SE\1/4\, SW\1/4\SE\1/4\, and W\1/
2\SE\1/4\SE\1/4\;
    Sec. 12, NE\1/4\ and NE\1/4\NW\1/4\.
T. 40 S., R. 29 E.,
    Sec. 6, lot 6, NE\1/4\ of lot 7, and E\1/2\SW\1/4\;
    Sec. 7, lots 1 to 4, inclusive, NW\1/4\NE\1/4\, NE\1/4\SW\1/
4\NE\1/4\, W\1/2\SE\1/4\NW\1/4\, E\1/2\SW\1/4\, SW\1/4\NW\1/4\SE\1/
4\, and SW\1/4\SE\1/4\;
    Sec. 18, lot 1 and NE\1/4\NW\1/4\.

    The areas described aggregate 1916.90 acres in Harney and Lake 
Counties.

    6. At 8:30 a.m. on September 28, 1998, the lands described in 
paragraph 2(a), except as provided in paragraphs 3, 4, and 5, will be 
opened to the operation of the public land laws generally, and the 
lands referenced in paragraph 4 will be opened to the operation of the 
public land laws generally, except to the agricultural land laws, 
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 8:30 
a.m., on September 28, 1998, shall be considered as simultaneously 
filed at that time. Those received thereafter shall be considered in 
the order of filing.
    7. At 8:30 a.m. on September 28, 1998, the lands described in 
paragraph 2(b) will be opened to such forms of disposition as may by 
law be made of National Forest System lands, subject to valid existing 
rights, the provisions of existing withdrawals, other segregations of 
record, and the requirements of applicable law.
    8. At 8:30 a.m. on September 28, 1998, the lands described in 
paragraphs 1 and 2, except as provided in paragraph 3, will be opened 
to the location and entry under the United States mining laws for 
nonmetalliferous minerals, subject to valid existing rights, the 
provisions of existing withdrawals, other segregations of record, and 
the requirements of applicable law. Appropriation of lands described in 
this order under the general mining laws for nonmetalliferous minerals 
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 determinations in local courts.

    Dated: August 13, 1998.
Bob Armstrong,
Assistant Secretary of the Interior.
[FR Doc. 98-23047 Filed 8-26-98; 8:45 am]
BILLING CODE 4310-33-P