[Federal Register Volume 70, Number 36 (Thursday, February 24, 2005)]
[Notices]
[Pages 9094-9096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3520]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[UT-921-5421-BX-AA03; UTU-81879] [UT-921-5421-BX-AA04; UTU-81880] [UT-
921-5421-BX-AA05; UTU-82193] [UT-921-5421-BX-AA06; UTU-82194]


Notice of Applications for Recordable Disclaimer of Interest in 
Public Highway Rights-of-Way Established Pursuant to Revised Statute 
2477 (43 U.S.C. 932, Repealed October 21, 1976); Roads D28 and D30 in 
Daggett County, UT; Hickory Peak Road in Beaver County; and Horse 
Valley Road in Beaver and Iron Counties

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of applications.

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SUMMARY: On September 15, 2004 the State of Utah and Daggett County

[[Page 9095]]

submitted two applications for recordable disclaimers of interest from 
the United States. These recordable disclaimer of interest applications 
are identified by BLM Serial Number UTU-81879 for Road D28 and UTU-
81880 for Road D30, both in Daggett County, Utah.
    On December 8, 2004 the State of Utah and Beaver and Iron Counties 
submitted two additional applications for recordable disclaimers of 
interest from the United States. These recordable disclaimer of 
interest applications are identified by BLM Serial Number UTU-82193 for 
Hickory Peak Road in Beaver County, Utah and UTU-82194 for Horse Valley 
Road in Beaver and Iron Counties, Utah.
    Recordable disclaimers of interest, if issued, would confirm that 
the United States has no property interest in the identified public 
highway rights-of-way. This Notice is intended to notify the public of 
the pending applications and the State's and Counties' grounds for 
supporting them.
    Specific details of the applications are provided in the 
SUPPLEMENTARY INFORMATION section below.

DATES: On or before April 25, 2005, all interested parties may submit 
comments on the State's and Counties' applications as follows. Comments 
on the Road D28 application should reference BLM Case File Serial 
Number UTU-81879, comments on the Road D30 application should reference 
BLM Case File Serial Number UTU-81880, comments on the Hickory Peak 
Road should reference BLM Case File Serial Number UTU-82193, and 
comments on the Horse Valley Road should reference BLM Case File Serial 
Number UTU-82194. Public comment will be accepted if received by BLM or 
postmarked no later than 60 days following the date of publication of 
this Notice. BLM will review all timely comments received on the 
applications, and will address all relevant, substantive issues raised 
in the comments. A final decision on the merits of the applications 
will not be made until at least May 25, 2005.

ADDRESSES: Interested parties and the public are encouraged to access 
the RS2477 Disclaimer Process public Web site at http://www.ut.blm.gov/rs2477 to review the application materials and provide comments on the 
application. For those without access to the public Web site, written 
comments may be provided to the Chief, Branch of Lands and Realty, BLM 
Utah State Office (UT-921), P.O. Box 45155, Salt Lake City, Utah 84145-
0155.

FOR FURTHER INFORMATION CONTACT: Mike DeKeyrel, Realty Specialist, BLM 
Utah State Office Branch of Lands and Realty (UT-921) at the above 
address or Phone 801-539-4105 and Fax 801-539-4260.

SUPPLEMENTARY INFORMATION: Disclaimers of interest are authorized by 
Section 315 of the Federal Land Policy and Management Act (FLPMA) of 
1976, as amended (43 U.S.C 1745), the regulations contained in 43 CFR 
Subpart 1864, and the April 9, 2003 Memorandum of Understanding (MOU) 
Between the State of Utah and the Department of the Interior on State 
and County Road Acknowledgement.
    The D28 and D30 Roads are located in northeastern Daggett County, 
approximately 40 miles north-northeast of Vernal, Utah and 
approximately one and one-half miles south of the Wyoming state line. 
Road D28 is approximately one mile in length, and Road D30 is 
approximately two miles in length. Both Roads D28 and D30 connect to 
Brown's Park Road, Daggett County's main transportation artery through 
the Clay Basin area. Application information submitted by the State and 
County indicates that initial road construction occurred in the late 
1920s on Road D28 and the northern portion of Road D30, and 
construction of the southern portion of Road D30 occurred in the early 
1960s.
    The road construction was for access to oil and gas wells in the 
Clay Basin. The surface of both roads is native dirt, with gravel added 
and graded throughout their lengths. The recordable disclaimer of 
interest applications pertain to the entire lengths of Roads D28 and 
D30, as both roads pass through BLM administered public lands only. The 
Hickory Peak Road is located in central Beaver County, approximately 
three miles west of Milford, Utah, and is approximately three miles in 
length. Application information submitted by the State and County 
indicates that initial road construction occurred in the 1870s. The 
initial road construction was for access to mines located in Star Range 
Mountain area. The surface of the road is native dirt, with gravel 
added and graded throughout its length. The recordable disclaimer of 
interest applications pertain to the entire length of Hickory Peak 
Road, as the road passes through BLM administered public lands only.
    The Horse Valley Road is located in south-central Beaver County and 
north-central Iron County, approximately 10 miles west-southwest of 
Minersville, Utah, and is approximately nine miles in length. 
Approximately two miles are in Beaver County and approximately seven 
miles are in Iron County. Application information submitted by the 
State and Counties indicates that initial road use began in the 1920s 
and construction (grading) occurred in the 1940s. The road construction 
and use was and is for access to grazing and general public access in 
the local area. The surface of the road is native dirt, and graded 
throughout its length. The recordable disclaimer of interest 
applications pertain to those road segments across public lands 
administered by BLM. One road segment approximately 0.66 mile long is 
across State of Utah land and is not a part of the application.
    The State of Utah and the Counties of Daggett, Beaver and Iron 
assert that they hold a joint and undivided property interest in the 
road rights-of-way identified above as granted pursuant to the 
authority provided by Revised Statute 2477 (43 U.S.C. 932, repealed 
October 21, 1976) over public lands administered by the Bureau of Land 
Management. The State submitted the following information with the 
application in both paper copy and in electronic form (Compact Disk):
    1. Narrative description of the location, characteristics and 
attributes of Road D28, Road D30, Hickory Peak Road, and Horse Valley 
Road. The claimed right-of-way (disturbed) width for Road D28 is 40 
feet. The claimed right-of-way (disturbed) width for road D30 is 45 
feet. The claimed right-of-way (disturbed) width for Hickory Peak Road 
ranges from 24 to 30 feet. The claimed right-of-way (disturbed) width 
for Horse Valley Road is 24 feet in Beaver County and ranges from 10 to 
12 feet wide in Iron County.
    2. Centerline description of the roads based on Global Positioning 
System (GPS) data.
    3. Detailed descriptions of the rights-of-way (one identified 
segment for each road) passing through public lands including beginning 
and end points, surface type, and disturbed width.
    4. Legal description by aliquot part (e.g. \1/4\\1/4\ section) of 
the land parcels through which the roads pass.
    5. Maps showing location of the identified road rights-of-way and 
the location and dates of water diversion points and mining locations 
to which the highway provides access.
    6. Aerial photography dated 1976 and after 1990.
    7. Signed and notarized affidavits by persons attesting to the 
location of both roads; their establishment as a highway prior to 
October 21, 1976; familiarity with the character and attributes of both 
roads including type of travel surface, disturbed width, associated 
improvements and ancillary features such as bridges, cattleguards, 
etc.;

[[Page 9096]]

current public usage of the road; the historic and current purposes for 
which the road is used; and evidence of periodic maintenance.
    8. Recent photographs of the roads at various points along their 
alignments.
    The State of Utah did not identify any known adverse claimants of 
the identified public highway rights-of-way.
    If approved, the recordable disclaimer documents would confirm that 
the United States has no property interest in the public highway 
rights-of-way as it is identified in the official records of the Bureau 
of Land Management as of the date of the disclaimer document.
    Comments, including names and street addresses of commentors, will 
be available for public review at the Utah State Office (see address 
above), during regular business hours 8 a.m. to 4 p.m. local time, 
Monday through Friday, except holidays. Individual respondents may 
request confidentiality. If you wish to hold your name or address from 
public review or from disclosure under the Freedom of Information Act, 
you must state this prominently at the beginning of your comments. Such 
requests will be honored to the extent allowed by law. All submissions 
from organizations or business will be made available for public 
inspection in their entirety. Anonymous comments will not be accepted.

    Dated: January 7, 2005.
Kent Hoffman,
Deputy State Director.
[FR Doc. 05-3520 Filed 2-23-05; 8:45 am]
BILLING CODE 4310-DQ-P