[Federal Register Volume 67, Number 175 (Tuesday, September 10, 2002)]
[Notices]
[Pages 57447-57449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23066]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AZA-32028]


Arizona; Initial Classification of Public Lands for State 
Indemnity Selection

    1. Pursuant to Title 43 Code of Federal Regulations, subpart 2400; 
and section 7 of the Act of June 28, 1934 (48 Stat. 1269); and the 
provisions granted to the State in the Act of June 20, 1910 (36 Stat. 
557, 568-579), the public lands described below are hereby classified 
by State Indemnity Selection. The State of Arizona has filed an 
application to acquire the described lands in lieu of certain school 
lands that were encumbered by other rights or reservations before the 
State's title could attach. This application was assigned serial number 
AZA-32028.
    2. The notice of proposed classification of these lands was 
published Friday, July 26, 2002, in the Federal Register Volume 67, 
Number 144, pages 48939-48941 and, was widely publicized. No written 
comments have been received concerning the proposed classification. The 
State of Arizona relinquished the following described parcel from their 
application: Gila and Salt River Meridian, Arizona. T. 12 N., R. 28 E., 
Section 10, NW\1/4\SE\1/4\, containing 40.00 acres, more or less.
    The following parcels are classified as mineral in character for 
oil and gas and have been dropped from further consideration of 
transfer:

Gila and Salt River Meridian, Arizona

T. 10 N., R. 30 E.
    Sec. 14 All;
    Sec. 23 All;
    Sec. 25 NW\1/4\, NW\1/4\NE\1/4\.

    The areas described contain approximately 1,480.00 acres, more 
or less.

    3. The lands included in this classification are located near St. 
Johns, Arizona, in Apache County, Arizona and are described as follows:

Group I--For Oil and Gas Only

Gila and Salt River Meridian, Arizona

T. 9 N., R. 30 E.
    Sec. 13, SW\1/4\SW\1/4\;
    Sec. 24, NE\1/4\.
T. 9 N., R. 31 E.
    Sec. 3, Lots 1-3, inclusive, Lots 5-7, inclusive, SW\1/4\NE\1/
4\, SE\1/4\NW\1/4\;
    Sec. 10, Lots 1-4, inclusive, W\1/2\E\1/2\, E\1/2\W\1/2\;
    Sec. 15, Lots 1-4, inclusive, W\1/2\NE\1/4\;
    Sec. 22, Lots 3 and 4, SW\1/4\SE\1/4\, SE\1/4\SW\1/4\;
    Sec. 27, Lots 1-3, inclusive, W\1/2\NE\1/4\, NE\1/4\NW\1/4\, 
NW\1/4\SE\1/4\.

[[Page 57448]]

T. 10 N., R. 30 E.
    Sec. 25, NE\1/4\NE\1/4\, S\1/2\NE\1/4\, S\1/2\.

    The areas described contain approximately 1,652.98 acres, more 
or less.

Group II--For All Minerals, Including Oil and Gas

Gila and Salt River Meridian, Arizona

T. 10 N., R. 30 E.
    Sec. 11, SE\1/4\, SE\1/4\SW\1/4\;
    Sec. 33, W\1/2\NE\1/4\, W\1/2\, NW\1/4\SE\1/4\, S\1/2\SE\1/4\.
T. 11 N., R. 29 E.
    Sec. 21, E\1/2\SE\1/4\;
    Sec. 22, NW\1/4\SW\1/4\;
    Sec. 23, NW\1/4\SW\1/4\.
T. 11 N., R. 31 E.
    Sec. 30, Lots 1-4, inclusive, E\1/2\, E\1/2\W\1/2\.
T. 12 N., R. 29 E.
    Sec. 24, All.
T. 12 N., R. 30 E.
    Sec. 19, Lots 2-4, inclusive, S\1/2\NE\1/4\, SE\1/4\NW\1/4\, 
E\1/2\SW\1/4\, SE\1/4\;
    Sec. 20, S\1/2\N\1/2\, S\1/2\;
    Sec. 24, All;
    Sec. 25, All;
    Sec. 27, W\1/2\, SE\1/4\.
T. 12 N., R. 31 E.
    Sec. 18, Lots 1-4, inclusive, E\1/2\, E\1/2\W\1/2\;
    Sec. 19, Lots 1-4, inclusive, E\1/2\, E\1/2\W\1/2\;
    Sec. 20, All;
    Sec. 29, All;
    Sec. 30, Lots 1-4, inclusive, E\1/2\, E\1/2\W\1/2\;
    Sec. 31, Lots 1-4, inclusive, E\1/2\, E\1/2\W\1/2\.

    The areas described contain approximately 8,683.62 acres, more 
or less.

Group III-For All Surface and Subsurface (Including Oil and Gas)

Gila and Salt River Meridian, Arizona

T. 12 N., R. 29 E.
    Sec. 32, E\1/2\E\1/2\.
T. 12 N., R. 30 E.
    Sec. 8, S\1/2\S\1/2\;
    Sec. 21, All;
    Sec. 28, All;
    Sec. 29, All;
    Sec. 34, All;
    Sec. 35, NW\1/4\, S\1/2\.

    The areas described contain approximately 3,360.00 acres, more 
or less.

Group IV-For Surface Only

Gila and Salt River Meridian, Arizona

T. 12 N., R. 28 E.
    Sec. 14, E\1/2\NE\1/4\, NW\1/4\NE\1/4\, W\1/2\NW\1/4\, NW\1/
4\SW\1/4\, W\1/2\SE\1/4\, SE\1/4\SE\1/4\.
T. 12 N., R. 29 E.
    Sec. 12, N\1/2\NE\1/4\, SW\1/4\NE\1/4\, W\1/2\NW\1/4\;
    Sec. 18, Lots 2-4, inclusive, SW\1/4\NE\1/4\, E\1/2\SW\1/4\, 
SE\1/4\;
    Sec. 20, SE\1/4\SE\1/4\;
    Sec. 21, NE\1/4\, N\1/2\NW\1/4\, SE\1/4\NW\1/4\, S\1/2\;
    Sec. 27, All;
    Sec. 28, All.
T. 12 N., R. 30 E.
    Sec. 1, Lots 1-16, inclusive, SW\1/4\;
    Sec. 3, Lots 1-12, inclusive;
    Sec. 4, Lots 1-12, inclusive;
    Sec. 5, Lots 1 & 2, Lots 5-8, inclusive;
    Sec. 9, E\1/2\;
    Sec. 10, All;
    Sec. 11, Lots 1-16, inclusive;
    Sec. 12, NW\1/4\;
    Sec. 13, S\1/2\;
    Sec. 14, NE\1/4\, SW\1/4\NW\1/4\, W\1/2\SW\1/4\, SE\1/4\SW\1/4\, 
E\1/2\SE\1/4\;
    Sec. 17, N\1/2\N\1/2\;
    Sec. 23, E\1/2\NE\1/4\, SW\1/4\NE\1/4\, NW\1/4\NW\1/4\, S\1/
2\SW\1/4\, SE\1/4\;
    Sec. 26, NE\1/4\, N\1/2\NW\1/4\, S\1/2\SW\1/4\.
T. 12 N., R. 31 E.
    Sec. 21, All;
    Sec. 22, Lots 1-4, inclusive, W\1/2\E\1/2\, W\1/2\;
    Sec. 27, Lots 1-4, inclusive, W\1/2\E\1/2\, W\1/2\;
    Sec. 28, All;
    Sec. 33, All;
    Sec. 34, Lots 1-4, inclusive, W\1/2\E\1/2\, W\1/2\.

    The areas described contain approximately 11,870.55 acres, more 
or less.

Group V--For Surface and/or Subsurface (Minerals and/or Oil and Gas)

Gila and Salt River Meridian, Arizona

T. 10 N., R. 29 E.
    Sec. 18, E\1/2\.
T. 11 N., R. 28 E.
    Sec. 14, E\1/2\E\1/2\, NW\1/4\NE\1/4\, SW\1/4\SE\1/4\.
T. 12 N., R. 28 E.
    Sec. 12, NW\1/4\NE\1/4\, NE\1/4\NW\1/4\, W\1/2\SW\1/4\;
T. 12 N., R. 31 E.
    Sec. 15, Lots 1-4, inclusive, W\1/2\E\1/2\, W\1/2\.

    The areas described contain approximately 1,265.82 acres, more 
or less.

    4. This classification decision is based on the following disposal 
criteria set forth in Title 43, Code of Federal Regulations, Subpart 
2400.
    Transfer of the lands to the State will fulfill the Federal 
Government's common school land grant to the State, and constitute a 
public purpose use of the land. Lands found to be valuable for a public 
purpose use will be considered chiefly valuable for public purposes (43 
CFR 2430.2b).
    5. The subject lands are under grazing leases with the following 
individuals or corporations.

Royden & Jack Brown, 4343 E. Keim Drive, Paradise Valley, Arizona 
85253, Allotment Number 06033
Clifford A. Thorn, P.O. Box 1091, St. Johns, Arizona 85936, Allotment 
Number 06061
Johnson Cattle Company, 1132 W. McLellen Road, Mesa, Arizona 85201, 
Allotment Number 06069
JCK, LLC, 1601 E. McKellips Road, Mesa, Arizona 85203, Allotment Number 
06158
James Datrice, 17120 Iron Mountain Drive, Poway, California 92064, 
Allotment Number 06159
Dale G. & Pamela J. Deratany, HC 62, Box 235, Reserve, New Mexico 
87830, Allotment Number 06224
Barbara Garcia, 5796 Hollyridge Drive, Camarillo, California 93010, 
Allotment Number 06253

    The following individuals or corporations have range improvements:

Royden & Jack Brown, 4343 E. Keim Drive, Paradise Valley, Arizona 
85253, Project Number 1039
Clifford A. Thorn, P.O. Box 1091, St. Johns, Arizona 85936, Project 
Number 0981, 0988
JCK, LLC, 1601 E. McKellips Road, Mesa, Arizona 85203, Project Number 
2398
James Datrice, 17120 Iron Mountain Drive, Poway, California 92064, 
Project Number 2322, 2402

    If these lands are transferred to the State of Arizona, and a 
grazing waiver has been received, the grazing leases will be terminated 
at the time title is transferred to the State. If no waiver has been 
received, grazing use will be continued under the existing federal 
grazing lease for a period of two years and, will be listed as 
``subject to'' in the transfer document. At the end of the two year 
period, the grazing authority for leasing will transfer to the State of 
Arizona. The State shall recognize the federal lessee's interest in 
federally approved range improvements. Ownership of federally owned 
improvements shall pass to the State.
    Threatened and Endangered Species and Cultural Resources 
Evaluations have been performed and approved for subject 
classification. Any cultural resources will be managed by the Arizona 
State Land Department under the Arizona State Historic Preservation Act 
and other applicable statutes.
    If and when the selection is approved and certified to the State, 
the certification will contain the following:
    (1) Excepting and reserving to the United States a right-of-way for 
ditches and canals constructed by the authority of the United States. 
Act of August 30, 1890 (26 Stat. 361; 43 U.S.C. 945).
    (2) As to the lands described above in Group IV, excepting and 
reserving to the United States, all minerals, including oil and gas, in 
the lands so granted, together with the right to prospect for, mine and 
remove the same. Act of July 17, 1941 (38 Stat. 509).
    (3) Excepting and reserving to the United States for the duration 
of oil and gas leases and any renewals thereof all the oil and gas in 
the lands described subject to the rights of prior permitees and 
lessees to use so much of the surface of said lands as is required for 
mining operations without compensation to the State for damages 
resulting from proper operations, in accordance with Section 29 of the 
Act

[[Page 57449]]

of February 25, 1920 (41 Stat. 437, as amended), and the Act of March 
4, 1933 (47 Stat. 1570, as amended). In accordance with 43 U.S.C. 
852(a)(4), 90% of the revenues from said leases shall be paid to the 
State by the United States annually as to the clearlisted lands.
    (4) Subject to those rights for a power line right-of-way granted 
to Navopache Electric Cooperative, Inc., its successors or assigns, by 
right-of-way number AZAR-17703, pursuant to the Act of February 15, 
1901 (43 U.S.C. 959) as to S\1/2\S\1/2\, sec. 8 and NE\1/4\NE\1/4\, 
sec.17, T. 12 N., R. 30 E., Gila and Salt River Meridian, Arizona.
    (5) Subject to those rights for buried communications cables, 
access roads, and repeater sites, granted to American Telephone and 
Telegraph Company, its successors or assigns, by right-of-way number 
AZAR-33064, pursuant to the Act of March 4, 1911 (43 U.S.C. 961) as to 
SW\1/4\SW\1/4\, SW\1/4\-SE\1/4\, sec. 8; Lots 9, 10, 13, 14 and 15, 
sec. 11; S\1/2\NW\1/4\, sec. 12; N\1/2\N\1/2\, sec. 17, T. 12 N., R. 30 
E., Gila and Salt River Meridian, Arizona.
    (6) Those rights for electric distribution lines granted to 
Navopache Electric Cooperative, Inc., its successors or assigns, by 
right-of-way number AZA-6016, pursuant to the Act of February 15, 1901 
(43 U.S.C. 959) as to N\1/2\SW\1/4\, sec. 13; NE\1/4\SE\1/4\, NW\1/
4\SW\1/4\, NW\1/4\SW\1/4\SW\1/4\, sec. 14, T. 12 N., R. 30 E., Gila and 
Salt River Meridian, Arizona.
    (7) Subject to those rights for a road right-of-way granted to 
Apache County Board of Supervisors, its successors or assigns, by 
right-of-way number AZA-18952, pursuant to the Act of July 26, 1866 (43 
U.S.C. 932) as to S\1/2\S\1/2\, sec. 8; Lots 9, 14, 15 and 16, Sec. 11; 
SW\1/4\NW\1/4\, sec. 12; NE\1/4\NE\1/4\NE\1/4\, sec. 17, T. 12 N., R. 
30 E., Gila and Salt River Meridian, Arizona.
    (8) Subject to those rights for a buried fiber optic communication 
cable granted to American Telephone and Telegraph Company, its 
successors or assigns, by right-of-way number AZA-23608, pursuant to 
the Act of October 21, 1976 (43 U.S.C. 1761) as to SW\1/4\SW\1/4\, sec. 
8; Lots 9, 10, 13, 14 and 15, sec. 11; S\1/2\NW\1/4\, sec. 12; N\1/
2\N\1/2\, sec. 17, T. 12 N., R. 30 E., Gila and Salt River Meridian, 
Arizona.
    (9) Those rights for an overhead electric distribution line granted 
to Navopache Electric Cooperative, Inc., its successors or assigns, by 
right-of-way number AZA-23995, pursuant to the Act of October 21, 1976 
(43 U.S.C. 1761) as to SE\1/4\NW\1/4\, sec. 12, T. 12 N ., R. 30 E., 
Gila and Salt River Meridian, Arizona.
    (10) Those rights for irrigation facility granted to Lyman Water 
Company, its successors or assigns, by right-of way number AZPHX-14912, 
pursuant to the Act of March 3, 1891 (43 U.S.C. 946-951), as to NW\1/
4\NE\1/4\, SE\1/4\NE\1/4\, NE\1/4\SE\1/4\, SW\1/4\SE\1/4\, sec. 14, T. 
11 N., R. 28 E., Gila and Salt River Meridian, Arizona.
    (11) Those rights for irrigation facility granted to Lyman Water 
Company, its successors or assigns, by right-of way number AZPHX-86671, 
pursuant to the Act of March 3, 1891 (43 U.S.C. 946-951), as to E\1/
2\E\1/2\, NW\1/4\NE\1/4\, SW\1/4\SE\1/4\, sec. 14, T. 11 N., R. 28 E., 
Gila and Salt River Meridian, Arizona.
    A study has been conducted to assess the mineral character of the 
area selected for transfer.
    None of the parcels described above contain known mineral values, 
nor are they valuable for minerals potentially locatable under the 
General Mining Laws, as amended (30 U.S.C. 21, et seq.) or salable 
under the Materials Act, as amended (30 U.S.C. 601, et seq). None of 
the parcels are encumbered with mining claims, and they encompass no 
mineral material contract or permit areas. None of the parcels are 
valuable for coal, phosphate, nitrate, potash, asphaltic minerals, oil 
shale, sodium, and sulphur nor are they encumbered by any leases for 
these minerals.
    All of the parcels described above with federal mineral interests 
are classified as prospectively valuable for oil and gas. Issued oil 
and gas leases will remain in effect for the duration of the lease 
term. None of the oil and gas leases are producing, nor are they in a 
producible status.
    The following parcels are classified as mineral in character for 
oil and gas and have been dropped from further consideration of 
transfer:

Gila and Salt River Meridian, Arizona

T. 10 N., R. 30 E.
    Sec. 14, All;
    Sec. 23, All;
    Sec. 25, NW\1/4\, NW\1/4\NE\1/4\.

    The areas described contain approximately 1,480.00 acres, more 
or less.

    6. The public lands classified by this notice are shown on maps on 
file and available for inspection in the Arizona State Office, 222 N. 
Central Avenue, Phoenix, Arizona 85004.
    7. For a period of 30 days from the date of publication in the 
Federal Register, this classification shall be subject to exercise of 
administrative review and modification by the Secretary of the Interior 
as provided for in 43 CFR 2461.3 and 2462.3. Interested parties may 
submit comments to the Secretary of the Interior, 1849 C Street NW. 
(M.S. 7229), Washington, DC 20240.

Carl Rountree,
Acting State Director.
[FR Doc. 02-23066 Filed 9-9-02; 8:45 am]
BILLING CODE 4310-AG-P