[Federal Register Volume 64, Number 175 (Friday, September 10, 1999)]
[Notices]
[Page 49235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23499]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[MT-924-1430-01; MTM 13213]


Public Land Order No. 7411; Revocation of Executive Order No. 
5327 Dated April 15, 1930; Montana

AGENCY: Bureau of Land Management, Interior.

ACTION: Public Land Order.

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SUMMARY: This order revokes an Executive order in its entirety as to 
approximately 278,734 acres withdrawn for oil shale classification 
purposes. The lands were classified and are no longer needed for the 
purpose for which they were withdrawn. This action will open the public 
lands to surface entry and nonmetalliferous mining subject to other 
segregations of record. The lands located within the National Forest 
will be open to such forms of disposition as may by law be made of 
National Forest System lands and nonmetalliferous mining. The lands 
have been and remain open to metalliferous mining and mineral leasing.

EFFECTIVE DATE: October 12, 1999.

FOR FURTHER INFORMATION CONTACT: Sandra Ward, BLM Montana State Office, 
P.O. Box 36800, Billings, Montana 59107-6800, 406-255-2949.
    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 5327 dated April 15, 1930, which established 
the oil shale reserve for classification purposes, is hereby revoked in 
its entirety. The areas involved aggregate approximately 278,734 acres 
in Beaverhead County.
    2. At 9 a.m., on October 12, 1999, the public lands shall be opened 
to the operation of the public land laws generally and the National 
Forest System lands shall 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. All 
valid applications received at or prior to 9 a.m., on October 12, 1999, 
shall be considered as simultaneously filed at that time. Those 
received thereafter shall be considered in the order of filing.
    3. At 9 a.m. on October 12, 1999, the lands shall be opened to 
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 the lands that 
were classified pursuant to the Executive order stated in paragraph 1 
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 20, 1999.
John Berry,
Assistant Secretary of the Interior.
[FR Doc. 99-23499 Filed 9-9-99; 8:45 am]
BILLING CODE 4310-DN-P