[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Notices]
[Pages 57320-57321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19646]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NM-930-1430-ET; NMNM 56994, NMNM 56995, NMNM 56996, NMNM 56997, NMNM 
56998, NMNM 56999, and NMNM 57000]


Public Land Order No. 7646; Revocation of Coal Classification 
Withdrawals; NM

AGENCY: Bureau of Land Management, Interior.

ACTION: Public land order.

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SUMMARY: This order revokes 7 Executive Orders in their entireties as 
to approximately 512,380 acres withdrawn for coal classification 
purposes. This order opens the lands to surface entry and 
nonmetalliferous mining.

EFFECTIVE DATE: October 31, 2005.

FOR FURTHER INFORMATION CONTACT: Gilda Fitzpatrick, BLM New Mexico 
State Office, 1474 Rodeo Road, Santa Fe, New Mexico 87502, (505) 438-
7597.

SUPPLEMENTARY INFORMATION: The lands were originally withdrawn to 
protect the potential coal resources from mining claims, but since coal 
is now a leaseable mineral the withdrawals are no longer needed. Copies 
of the original withdrawal orders containing legal descriptions of the 
lands involved are available from the BLM New Mexico State Office at 
the address listed above.

Order

    By virtue of the authority vested in the Secretary of the Interior 
by Section 204 of the Federal Land Policy and Management Act of 1976, 
43 U.S.C. 1714 (2000), it is ordered as follows:
    1. The Executive Orders dated December 23, 1910, February 6, 1911, 
April 22, 1911, May 18, 1911, August 25, 1915, October 14, 1915, and 
July 30, 1917, which withdrew lands for coal classification purposes, 
are hereby revoked in their entireties.
    2. At 10 a.m. on October 31, 2005, the lands referenced in 
Paragraph 1 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 applications received at or prior to 10 a.m. 
on October 31, 2005, shall be considered as simultaneously filed at 
that time. Those received thereafter shall be considered in the order 
of filing.
    3. At 10 a.m. on October 31, 2005 the lands referenced in Paragraph 
1 will be opened to nonmetalliferous mineral 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 lands 
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 (2000), shall vest no rights 
against the United States. Acts required to establish a location and to 
initiate a right of possession are governed by State law where not in 
conflict with Federal law. The Bureau of Land Management will not 
intervene in disputes between rival locators over possessory rights 
since Congress has provided for such determinations in local courts.


[[Page 57321]]


    Dated: September 13, 2005.
Rebecca W. Watson,
Assistant Secretary--Land and Minerals Management.
[FR Doc. 05-19646 Filed 9-29-05; 8:45 am]
BILLING CODE 4310-FB-P