[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Notices]
[Pages 14710-14711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5673]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[MT-924-1430-EU; MTM-93823]


Notice of Application for Disclaimer of Interest; Montana

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The State of Montana has submitted an application for a 
recordable disclaimer of interest pursuant to section 315 of the 
Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 
1745) and the regulations contained in 43 CFR 1864. A recordable 
disclaimer, if issued, will confirm that the United States has no valid 
interest in the subject lands. This notice is intended to inform the 
public of the pending application and the state's grounds for 
supporting it.

DATES: A final decision on the merit of the application will not be 
made until 90 days after the date of publication of this notice. During 
the 90-day period, interested parties may submit comments on the 
state's application, with a reference to serial No. MTM 93823.

ADDRESSES: Comments should be sent to: Cindy Staszak, Chief, Branch of 
Land Resources, BLM Montana State Office, 5001 Southgate Drive, 
Billings, Montana 59101.

FOR FURTHER INFORMATION CONTACT: Dee Baxter, BLM Montana State Office, 
5001 Southgate Drive, Billings, Montana 59101; 406-896-5044.

SUPPLEMENTARY INFORMATION: On May 30, 2003, the State of Montana, 
Department of Natural Resources and Conservation, filed an application 
for disclaimer of interest for the lands described as follows:

Principal Meridian, Montana,

T. 26 N., R. 59 E.,
    Sec. 5, portion of the SW\1/4\SE\1/4\; and
    Sec. 8, portion of the N\1/2\NE\1/4\.

    Dr. Ray Breuninger, PhD, geologist, performed on-site research, 
literature review, and aerial photography review of islands, sand bars, 
and adjacent floodplains to produce a geologic analysis of the origin 
of land along the Missouri River in Richland County, northwest of 
Sidney, Montana. The data sources include the Missouri River Commission 
Survey of 1891, the 1901 meander map and field notes, a 1947 resurvey, 
and the 1958 resurvey, field notes, and related correspondence. He also 
analyzed aerial photos for 11 separate years between 1937 and 1997.
    Based upon Dr. Breuninger's investigation, a review of the records 
and reports in the BLM Cadastral Survey office, and the investigation 
of Cadastral Survey Riparian Specialist, Mr. Frank Hardt, the State of 
Montana has proven its case by a preponderance of evidence. The BLM 
survey conducted in 1958 erred in surveying all of the lands in 
question as normal accretions to the Federal uplands. The lands 
encompassed by the above description, and now designated as tracts 37 
and 38

[[Page 14711]]

and the easterly portion of tract 39, did originally form by vertical 
accretion below the low-water mark of the Missouri River (after 
statehood) to become islands and were not accretions to the Federal 
uplands.
    The approximate acreage in the application is 40 acres. The 
westerly portion of tract 39 remains as accretion to lot 13, section 5, 
T. 26 N., R. 59 E., PMM.
    All persons who wish to present comments, suggestions, or 
objections, in connection with the proposed disclaimer, by do so by 
writing to the undersigned authorized officer at the above address.

    Dated: August 31, 2004.
Cindy Staszak,
Chief, Branch of Land Resources.
    Editorial Note: This document was received at the Office of the 
Federal Register March 17, 2005.

[FR Doc. 05-5673 Filed 3-22-05; 8:45 am]
BILLING CODE 4310-$$-P