[Federal Register Volume 63, Number 176 (Friday, September 11, 1998)]
[Notices]
[Pages 48753-48754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24437]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[CA-060-1430-01; CACA 7195]


Termination of Classification of Public Land for Small Tract 
Classification Number 368, and Opening Order; California

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: This notice terminates, in its entirety, the following 
classification, which classified public land for disposition pursuant 
to the Small Tract Act of June 1, 1938: CACA 7195--Small Tract 
Classification Number 368. The Small Tract Act of June 1, 1938 was 
repealed by the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701), which contained provisions providing broad authority that 
replaced the repealed act. Of the 75 acres described under the above 
described classification, 35 acres have been conveyed out of public 
ownership pursuant to the Small Tract Act of June 1, 1938. The mineral 
estates of those conveyed lands were reserved to the United States. 
Until appropriate rules and regulations are issued by the Secretary of 
the Interior, the reserved minerals on the conveyed lands will not be 
subject to location under the U.S. mining laws. A total of 40 acres 
still remain in public ownership. Those lands 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. All of 
the lands have been and remain open to the operation of the mineral 
leasing laws. The termination is necessary to facilitate the completion 
of a pending land exchange.

EFFECTIVE DATE: The termination of the classification is effective on 
September 11, 1998. The public land will be opened to entry at 10 a.m. 
on October 13, 1998.

FOR FURTHER INFORMATION CONTACT: Duane Marti, BLM California State 
Office (CA-931.4), 2135 Butano Drive, Sacramento, California 95825-
0451; telephone number 916-978-4675.

[[Page 48754]]

SUPPLEMENTARY INFORMATION:

1. CACA 7195--Small Tract Act Classification Number 368

T. 14 N., R. 9 E., San Bernardino Meridian
    Sec. 30, W\1/2\NE\1/4\NE\1/4\NE\1/4\, NW\1/4\NE\1/4\NE\1/4\, 
S\1/2\NE\1/4\NE\1/4\, and SE\1/4\NE\1/4\.

    The area described contains 75 acres in San Bernardino County.

    On May 15, 1953, 80 acres of public land were classified as 
suitable for lease and sale for home and business site purposes only 
under the Act of June 1, 1938, as amended (43 U.S.C. 682a-e). The 
classification decision was published in the Federal Register on May 
21, 1953 (18 FR 2932). On February 15, 1954, 5 acres of land were 
revoked from the classification. The revocation decision was published 
in the Federal Register on February 26, 1954 (19 FR 1097). After the 
partial revocation, 75 acres of public land (as described above) 
remained classified under the original decision. The land was 
segregated from all appropriation under the public land laws, including 
mineral location under the general mining laws. The land has been and 
will remain open to the mineral leasing laws.
    Of the 75 acres classified, 35 acres have been conveyed out of 
public ownership, with 40 acres remaining in public ownership. The 
mineral estates of those conveyed lands were reserved to the United 
States.
    2. Pursuant to the Federal Land Policy and Management Act of 1976, 
as amended (43 U.S.C. 1701 et seq.), and the regulations contained in 
43 CFR 2091.7-1(b)(2), Small Tract Act Classification Number 368 is 
hereby terminated in its entirety. The classification no longer serves 
a needed purpose as to the land described above.
    3. Until appropriate rules and regulations are issued by the 
Secretary of the Interior, the reserved minerals on the 35 acres of 
conveyed lands will not be subject to location under the U.S. mining 
laws.
    4. At 10 a.m. on October 13, 1998, the 40 acres of public lands 
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 October 13, 1998 shall be considered as simultaneously filed at that 
time. Those received thereafter shall be considered in the order of 
filing.
    5. At 10 a.m. on October 13, 1998, the 40 acres of public lands 
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 notice 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.

    Dated: September 3, 1998.
David McIlnay,
Chief, Branch of Lands.
[FR Doc. 98-24437 Filed 9-10-98; 8:45 am]
BILLING CODE 4310-40-p