[Federal Register Volume 65, Number 11 (Tuesday, January 18, 2000)]
[Notices]
[Page 2638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1111]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[ES-030-1430-00] ES-50580, Group 547, Minnesota


Notice of Filing of Plat of Three Islands; MN

    1. The plat of the survey of three islands in Five Lake, Township 
139 North, Range 40 West, Fifth Principal Meridian, Minnesota, accepted 
January 6, 2000, will be officially filed in Eastern States, 
Springfield, Virginia at 7:30 a.m., on February 22, 2000. The tracts 
shown below describe the islands omitted from the original survey.

Fifth Principal Meridian, Minnesota

T. 139 N. R. 40 W.
    Tract Nos. 37, 38 and 39.

    2. Tract No. 37 is firm land rising 2 ft. above the ordinary high 
water mark. The soil has evolved from glacial till parent material and 
is similar to the soil found on the adjacent uplands. The presence of 
numerous granite stones, several approaching 2\1/2\ ft. in diameter 
were located along the northerly shore of the island. Tree species 
consist of basswood, birch, oak and pine, ranging in size from 3 to 12 
inches in diameter, with a maximum age of 100+ years. The ground cover 
consists of alder and willow, along with native grasses.
    Tract No. 38 is firm land rising 10 to 12 ft. above the ordinary 
high water mark. The soil has evolved from glacial till parent material 
and is similar to the soil found on the adjacent uplands. Numerous 
granite stones, several approaching 2 ft. in diameter were located 
throughout the island and along the westerly and southerly shore of the 
island. Tree species consist of ash, basswood, birch, oak, spruce and 
pine, ranging in size from 4 to 20 inches in diameter. Several oaks and 
pines located near the center of the island were measured and found to 
be 15 to 20 inches in diameter, with a maximum age of 150+ years. The 
ground cover consists of alder, hazel and willow, along with native 
grasses.
    Tract No. 39 is firm land rising 15 ft. above the ordinary high 
water mark. The soil has evolved from glacial till parent material and 
is similar to the soil found on the adjacent uplands. Tree species 
consist of ash, aspen, basswood, birch and oak, ranging in size from 6 
to 20 inches in diameter, with a maximum age of 150+ years. The ground 
cover consists of alder, hazel and willow, along with a few native 
grasses along the southerly shore of the island.
    3. The present water level of the lake compares favorably with that 
of the original meander line; therefore, the elevation and upland 
character these islands along with the depth and width of the lake 
between the adjacent upland and the island are considered evidence that 
the island did exist in 1858, the year Minnesota was admitted to the 
Union. The original survey in 1871 did not note the presence of these 
islands.
    4. These islands are more than 50 percent upland in character 
within the interpretation of the Swamp and Overflow Act of September 
28, 1850 (9 Stat. 519) as extended to the State of Minnesota under the 
Act of March 12, 1860 (12 Stat. 3). Therefore, these islands are held 
to be public land.
    5. The survey was requested by the Assistant Field Manager, 
Division of Natural Resource Management, under the authority of Section 
211 of FLPMA (43 U.S.C. 1721) and the Minnesota Public Lands 
Improvement Act of 1990, P.L. 101-442 (104 Stat. 1020).
    6. Except for valid existing rights, these islands will not be 
subject to application, petition, location or selection under any 
public law until February 22, 2000.
    7. Interested parties protesting the determination that these 
islands are public land of the United States, must present valid proof 
showing that the island in question did not exist at the time of 
statehood or that it was attached to the mainland at the time of the 
original survey. Such protests must be submitted in writing to the 
Chief Cadastral Surveyor, Eastern States, Bureau of Land Management, 
7450 Boston Boulevard, Springfield, Virginia 22153, prior to 7:30 a.m., 
February 22, 2000.
    Copies of the plat will be made available upon request and 
prepayment of the appropriate fee.

    Dated: January 6, 2000.
Stephen G. Kopach,
Chief Cadastral Surveyor.
 [FR Doc. 00-1111 Filed 1-14-00; 8:45 am]
BILLING CODE 4310-GJ-P