[Federal Register Volume 73, Number 108 (Wednesday, June 4, 2008)]
[Notices]
[Page 31881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12472]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NMNM 46830 and NMNM 46837]


Public Land Order No. 7709; Revocation of Two Secretarial Orders 
Dated January 30, 1907 and December 17, 1907; New Mexico

AGENCY: Bureau of Land Management, Interior.

ACTION: Public Land Order.

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SUMMARY: This order revokes two Secretarial Orders in their entireties, 
as they affect approximately 278 acres of National Forest System lands 
withdrawn for use by the Forest Service for a tree nursery and an 
administrative site. This order opens 120 acres to such forms of 
disposition as may by law be made of National Forest System lands and 
to mining. The remaining lands are located within an overlapping 
withdrawal.

DATES: Effective Date: July 7, 2008.

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 Forest Service has determined that the 
withdrawals are no longer needed and has requested the revocation. The 
lands withdrawn by the Secretarial Order dated January 30, 1907 are 
located within an overlapping military withdrawal in connection with 
Fort Bayard so the revocation for those lands is considered a record-
clearing action only.

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 Secretarial Order dated January 30, 1907, which withdrew 
lands within the Gila National Forest and reserved them for use of the 
Forest Service for nursery purposes, is hereby revoked in its entirety 
as it affects the following described lands:

T. 17 S., R. 13 W.,
    Sec. 11, lot 1 and E\1/2\NE\1/4\;
    Sec. 12, lots 3 and 4.

    The area described contains 158 acres in Grant County.

    2. The Secretarial Order dated December 17, 1907, which withdrew 
lands within the Gila National Forest and reserved them for use by the 
Forest Service as an administrative site, is hereby revoked in its 
entirety as it affects the following described lands:

T. 5 S., R. 17 W.,
    Sec. 28, E\1/2\NW\1/4\ and NW\1/4\SW\1/4\.

    The area described contains 120 acres in Catron County.

    3. At 10 a.m. on July 7, 2008, the lands described in Paragraph 2 
of this order shall be opened to such forms of disposition as may by 
law be made of National Forest System lands, including 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 lands 
described in this order 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.

    Dated: May 15, 2008.
C. Stephen Allred,
Assistant Secretary--Land and Minerals Management.
[FR Doc. E8-12472 Filed 6-3-08; 8:45 am]
BILLING CODE 3410-11-P