[Federal Register Volume 63, Number 180 (Thursday, September 17, 1998)]
[Notices]
[Pages 49710-49711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24937]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[OR-958-1430-01; GP8-0125; OR-19001]


Public Land Order No. 7364; Modification and Partial Revocation 
of Executive Order No. 5907, Dated August 18, 1932; OR

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term as to 40 acres of public land withdrawn for Bureau of Land 
Management Public Water Reserve No. 146. The land will remain closed to 
surface entry and non-metalliferous mining. This order also partially 
revokes the same Executive order insofar as it affects the remaining 
438.87 acres. The land does not meet the criteria for a public water 
reserve. This action will open the land to surface entry and 
nonmetalliferous mining, unless included in other segregations of 
record. All of the land has been and will remain open to metalliferous 
mining and mineral leasing unless included in other segregations of 
record.

EFFECTIVE DATE: October 19, 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. Executive Order No. 5907 dated August 18, 1932, which 
established Public Water Reserve No. 146, 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 land:

Willamette Meridian

T. 38 S., R. 13 E.,
    Sec. 35, SW\1/4\ SW\1/4\.

    The area described contains 40 acres in Klamath County.

    The land described above continues to be withdrawn from settlement, 
sale, location, or entry under the public land laws and the 
nonmetalliferous mining laws, to protect Public Water Reserve No. 146. 
The land has been and will

[[Page 49711]]

remain open to leasing under the mineral leasing laws, but will remain 
closed to metalliferous mining due to another overlapping withdrawal.
    2. Executive Order No. 5907 dated August 18, 1932, which 
established Public Water Reserve No. 146, is hereby revoked insofar as 
it affects the following described land:

Willamette Meridian

T. 38 S., R. 13 E.,
    Sec. 34, SE\1/4\ SE\1/4\.
T. 39 S., R. 13 E.,
    Sec. 2, lots 3 and 4.
T. 41 S., R. 23 E.,
    Sec. 12, SE\1/4\ SW\1/4\;
    Sec. 13, E\1/2\ W\1/2\.
T. 38 S., R. 26 E.,
    Sec. 10, NE\1/4\ SW\1/4\;
    Sec. 11, S\1/2\SW\1/4\.

    The area described contains 438.87 acres in Klamath and Lake 
Counties.

    3. The following described land will remain closed to surface entry 
and mining due to an overlapping withdrawal for the Klamath River 
Reclamation Project:

Willamette Meridian

T. 38 S., R. 13 E.,
    Sec. 35, SW\1/4\SW\1/4\.
T. 39 S., R. 13 E.,
    Sec. 2, lots 3 and 4.

    The area described contains 118.87 acres in Klamath County.

    4. The following described land will remain closed to mineral 
leasing and permits due to an overlapping withdrawal for a Bureau of 
Land Management Wilderness Study Area:

Willamette Meridian

T. 38 S., R. 26 E.,
    Sec. 11, S\1/2\SW\1/4\.

    The area described contains 80 acres in Lake County.

    5. At 8:30 a.m. on October 19, 1998, the land described in 
paragraph 2, except as provided in paragraphs 3 and 4, 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 8:30 a.m., on October 19, 
1998, shall be considered as simultaneously filed at that time. Those 
received thereafter shall be considered in the order of filing.
    6. At 8:30 a.m. on October 19, 1998, the land described in 
paragraph 2, except as provided in paragraphs 3 and 4, 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 28, 1998.
Bob Armstrong,
Assistant Secretary of the Interior.
[FR Doc. 98-24937 Filed 9-16-98; 8:45 am]
BILLING CODE 4310-33-P