[Federal Register Volume 70, Number 238 (Tuesday, December 13, 2005)]
[Notices]
[Page 73793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7255]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[CO-923-1430-ET; COC-17097, COC-17128, COC-19377]


Public Land Order No. 7648; Partial Revocation of the Executive 
Order Which Created Public Water Reserve No. 107; Colorado

AGENCY: Bureau of Land Management, Interior.

ACTION: Public land order.

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SUMMARY: This order partially revokes an Executive Order insofar as it 
affects 326.28 acres of public lands withdrawn for Bureau of Land 
Management Public Water Reserve No. 107. This action will open 326.28 
acres to surface entry under the public land laws and to 
nonmetalliferous location and entry under the United States Mining laws 
to allow for disposal.
    Effective Date: January 12, 2006.

FOR FURTHER INFORMATION CONTACT: Doris E. Chelius, BLM Colorado State 
Office, 2850 Youngfield Street, Lakewood, Colorado 80215, 303-239-3706.

SUPPLEMENTARY INFORMATION: The lands have been and will remain open to 
mineral leasing and to metalliferous mining.

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. Executive Order of April 17, 1926, which established Public 
Water Reserve No. 107, is hereby revoked insofar as it affects the 
following described lands:

New Mexico Principal Meridian

T. 35 N., R. 6 E., sec. 21, lot 6.
T. 42 N., R. 6 E., sec. 11, NW1/4SE1/4.
T. 43 N., R. 7 E., sec. 29, NE1/4SW1/4.
T. 49 N., R.12 E., sec. 8, NE1/4NE1/4.
T. 46 N., R. 3 W., sec. 21, NW1/4NW1/4; sec. 29, SW1/4NE1/4; sec. 
33, lot 1.

T. 46 N., R. 4 W., sec. 24, SW1/4NE1/4.

    The areas described aggregate 326.28 acres in Freemont, 
Gunnison, Conejos, and Saguache Counties.

    2. At 9 a.m. on January 12, 2006, the lands described Paragraph 1 
will be opened to 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 9 a.m. on January 12, 2006, 
shall be considered as simultaneously filed at that time. Those 
received thereafter shall be considered in the order of filing.
    3. At 9 a.m. on January 12, 2006, the lands described Paragraph 1 
will be opened to nonmetalliferous location and entry under the United 
States mining laws subject to valid exiting rights, the provisions of 
existing withdrawals, other segregations of record, and the 
requirements of applicable law. Appropriation of any of the lands 
described in this order to nonmetalliferous mining 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 when 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.

    Dated: October 28, 2005.
Rebecca W. Watson,
Assistant Secretary--Land and Minerals Management.
 [FR Doc. E5-7255 Filed 12-12-05; 8:45 am]
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