[Federal Register Volume 73, Number 39 (Wednesday, February 27, 2008)]
[Notices]
[Pages 10462-10463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3705]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-930-08-3130-HN; OR-64688; HAG-08-0037]


Proposed Issuance of Recordable Disclaimer of Interest; Umatilla 
County, Oregon

AGENCY: Bureau of Land Management, Interior.

ACTION: Proposed Issuance of Recordable Disclaimer of Interest.

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SUMMARY: An application has been filed by Kent and Celia Heady for a 
recordable disclaimer of interest involving 0.65 acre of land in 
Umatilla County, Oregon, to remove a cloud on the title. The United 
States did not acquire title to the entire subject parcel because the 
land had been adversely possessed prior to the United States taking 
title to it. Therefore, the United States of America hereby gives 
notice of its intention to disclaim and release all interest in the 
land to the owner of record.

DATES: Submit comments on or before May 27, 2008. Only written comments 
will be accepted.

ADDRESSES: Address all written comments to Fred O'Ferrall, Chief, 
Branch of Lands and Mineral Resources (OR-936), Oregon State Office, 
Bureau of Land Management, P.O. Box 2965, Portland, Oregon 97208. 
Comments expressed verbally or in electronic format will not be 
accepted.

FOR FURTHER INFORMATION CONTACT: Pamela Chappel, Land Law Examiner, at 
(503) 808-6170.

SUPPLEMENTARY INFORMATION: Pursuant to section 315 of the Federal Land 
Policy and Management Act of 1976 (FLPMA), 43 U.S.C. 1745, an 
application has been filed by Kent and Celia Heady for issuance of a 
recordable disclaimer of interest by the United States affecting the 
following described land: Parcel A and Parcel B, section 35, Township 6 
South, Range 30 East, Willamette Meridian. The subject land (and other 
land) was acquired by the United States from a private entity in the 
Northeast Oregon Assembled Land Exchange on December 29, 2000.
    In August 2006, the Bureau of Land Management (BLM) conducted a 
cadastral survey and discovered that the Headys' dwelling encroached on 
the United States parcel such that the boundaries as stated in the 
titles varied from the boundaries existing on the ground. A subsequent 
``Encroachment Report'' was completed and submitted to the Office of 
the Regional Solicitor for an opinion of the effect of an adjacent 
landowner's occupancy on United States title to acquired lands.
    The Office of the Regional Solicitor, Pacific Northwest Office, 
concludes that the prior owners to the Headys, Donald Roy Shanafelt and 
Priscilla L. Shanafelt, acquired title by adverse possession against a 
private entity and then conveyed that interest to the Headys. The 
Shanafelts vested claim diminished the title that the private entity 
conveyed to another entity and that entity conveyed to the United 
States.
    Section 315 of the FLPMA authorizes the Secretary of the Interior 
to issue a recordable disclaimer of interest in land where the 
disclaimer will help to remove a cloud on the title under certain 
criteria. One criterion is where a record interest of the United States 
in the land has terminated by operation of law or is otherwise invalid. 
The Bureau of Land Management has reviewed the official records and has 
determined that the United States has no claim to or interest in the 
above described land and that the issuance of a recordable disclaimer 
of interest will help to remove a cloud on the title to the land. 
Accordingly, a recordable disclaimer of interest will be issued shortly 
after the 90-day comment period.
    Public Comments: On or before May 27, 2008, any person may submit 
written comments regarding the proposed issuance of a recordable 
disclaimer of interest to the Chief, Branch of Lands and Mineral 
Resources (OR-936), Oregon State Office, Bureau of Land Management, 
P.O. Box 2965, Portland, Oregon 97208.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment

[[Page 10463]]

to withhold your personal identifying information from public review, 
we cannot guarantee that we will be able to do so.

(Authority: 43 CFR 1864.2(a))

Christopher B. DeWitt,
Acting Chief, Branch of Lands and Mineral Resources.
 [FR Doc. E8-3705 Filed 2-26-08; 8:45 am]
BILLING CODE 4310-33-P