[Federal Register Volume 69, Number 8 (Tuesday, January 13, 2004)]
[Notices]
[Page 1999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-620]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NM-030-1430-ES; NMNM13030]


Termination of A Recreation and Public Purposes (R&PP) 
Classification and An Order Providing for Opening of Land; NM

AGENCY: Bureau of Land Management (BLM), Interior.

ACTION: Notice.

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SUMMARY: This order terminates a BLM R&PP classification affecting 
506.57 acres of public land near Las Cruces, New Mexico. This land will 
be opened to the public land laws generally, including the mining laws. 
The land has been and remains open to mineral leasing.
    The land is described as follows:

New Mexico Principal Meridian

T. 23 S., R. 1 E.,
Sec. 29: Lots 6 to 10, inclusive, S\1/2\NE\1/4\ and S\1/2\.

    The area described contains 506.57 acres in Dona Ana County.

DATES: The termination/opening order is effective February 12, 2004.

ADDRESSES: Bureau of Land Management, Las Cruces Field Office, 1800 
Marquess, Las Cruces, New Mexico 88005.

FOR FURTHER INFORMATION CONTACT: Angel Mayes, Realty Specialist, at the 
address above or by telephone at (505) 525-4376.

SUPPLEMENTARY INFORMATION: By virtue of the authority vested in the 
Secretary of the Interior by the R&PP Act of June 14, 1926, as amended 
(43 U.S.C. 869 et seq.), it is ordered as follows:
    1. Pursuant to the regulations in 43 CFR 2091.7-1(b)(1) and the 
authority delegated by BLM Manual Section 1203 (43 FR 85), the 
classification decision of March 2,1985, which classified 506.57 acres 
of public land as suitable for recreation and public purposes under the 
Act of June 14, 1926, as amended (43 U.S.C. 869 et seq.), under Serial 
Number NMNM13030, is hereby revoked.
    2. At 8 a.m. on February 12, 2004, the land 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 application 
received at or prior to 8 am on February 12, 2004, shall be considered 
as simultaneously filed at that time. Those received thereafter shall 
be considered in the order of filing.
    3. At 8 a.m. on February 12, 2004, the land 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 land described in this order 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 (1988), shall vest no rights 
against the United States. State law governs acts required to establish 
a location and to initiate a right of possession where not in conflict 
with Federal law. BLM will not intervene in disputes between rival 
locators over possessory rights since Congress has provided for such 
determinations in local courts.

    Dated: August 28, 2003.
Amy L. Lueders,
Field Manager, Las Cruces.
[FR Doc. 04-620 Filed 1-12-04; 8:45 am]
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