[Federal Register Volume 78, Number 83 (Tuesday, April 30, 2013)]
[Notices]
[Pages 25302-25303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10108]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVB00000.L1430000.ES0000 241A; N-46271, N-51416, N-75424; 13-08807; 
MO 4500048559; TAS: 14X1109]


Notice of Realty Action: Termination of Recreation and Public 
Purposes Act Classifications and Opening of Lands in Nye and Esmeralda 
Counties; NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: This notice terminates the existing classifications in their 
entirety

[[Page 25303]]

for public lands at three locations that were classified as suitable 
for lease/disposal under the Recreation and Public Purposes (R&PP) Act 
of June 14, 1926, as amended. Additionally, this notice opens these 
public lands to the operation of the public land laws generally, 
including the 1872 Mining Law. The classification termination and 
opening order will affect 30 acres of public lands within Nye County, 
Nevada, and 40 acres of public lands within Esmeralda County, Nevada.

DATES: The effective date is April 30, 2013.

FOR FURTHER INFORMATION CONTACT: Mark Ennes, Assistant Field Manager, 
Non-Renewable Resources, Tonopah Field Office, 1553 South Main, P.O. 
Box 911, Tonopah, NV; phone: 775-482-7800; or email: [email protected]. 
Persons who use a telecommunications device for the deaf (TDD) may call 
the Federal Information Relay Service (FIRS) at 1-800-877-8339 to 
contact the above individual. The FIRS is available 24 hours a day, 7 
days a week, to leave a message or question with the above individual. 
You will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION: On November 19, 1987, the Bureau of Land 
Management (BLM) published a notice in the Federal Register (52 FR 
44492) announcing the classification of 20 acres of public land under 
its jurisdiction as suitable for lease/disposal pursuant to the R&PP 
Act. Upon classification, the BLM leased the land to Nye County for 
construction, operation, and maintenance of a recreation site 
consisting of a fish pond and picnic area at Rye Patch Creek, near 
Tonopah, Nevada under BLM Serial Number N-46271. This lease expired on 
December 18, 2008. Nye County requested relinquishment of the lease, 
and the BLM accepted relinquishment on September 27, 2011.
    Pursuant to 43 CFR 2091.2-2 and 2461.5(c)(2), and upon publication 
of this notice in the Federal Register, the BLM is terminating the 
classification N-46271 in its entirety for the subject land, which is 
described as follows:

Mount Diablo Meridian

T. 4 N., R. 44 E.,
    Sec. 19, SE\1/4\NW\1/4\SE\1/4\, NE\1/4\SW\1/4\SE\1/4\.

    The area described contains 20 acres in Nye County, Nevada.

    In the Federal Register on August 2, 1990 (55 FR 31450), the BLM 
classified 10 acres of public land under its jurisdiction as suitable 
for lease/disposal pursuant to the R&PP Act. Upon classification, the 
BLM leased the land to the Beatty General Improvement District for 
construction, operation, and maintenance of a public park, located in 
Beatty, Nevada under BLM Serial Number N-51416. On December 19, 2010, 
the lease expired. The site had not been developed in accordance with 
the terms and conditions of the lease. Therefore, the lease was 
terminated on November 16, 2011.
    Pursuant to 43 CFR 2091.2-2 and 2461.5(c)(2), and upon publication 
of this notice in the Federal Register, the BLM is terminating the 
classification N-51416 in its entirety for the subject land, which is 
described as follows:

Mount Diablo Meridian

T. 12 S., R. 47 E.,
    Sec. 7, Lots 22, 23, 26, and 27.

    The area described contains 10 acres in Nye County, Nevada.
    The two areas described aggregate 30 acres in Nye County, 
Nevada.

    In the Federal Register on April 17, 2003 (68 FR 19001), the BLM 
classified 40 acres of public land under its jurisdiction as suitable 
for lease/disposal pursuant to the R&PP Act. Upon classification, the 
BLM leased the land to Esmeralda County for construction, operation, 
and maintenance of an Emergency Services Training Center, located in 
Silver Peak, Nevada under BLM Serial Number N-75424. On August 15, 
2011, Esmeralda County requested relinquishment of the lease, and the 
BLM accepted the relinquishment on September 16, 2011.
    Pursuant to 43 CFR 2091.2-2 and 2461.5(c)(2), and upon publication 
of this notice in the Federal Register, the BLM is terminating the 
classification N-75424 in its entirety for the subject land, which is 
described as follows:

Mount Diablo Meridian

T. 2 S., R. 39 E.,
    Sec. 21, E\1/2\SE\1/4\SE\1/4\;
    Sec. 27, NW\1/4\NW\1/4\NW\1/4\;
    Sec. 28, NE\1/4\NE\1/4\NE\1/4\.
    The area described contains 40 acres in Esmeralda County, 
Nevada.

    At 8:30 a.m., on April 30, 2013, the 70 acres of public lands 
described above will be opened to operation of the public land laws 
generally, subject to valid existing rights, the provisions of existing 
withdrawals, and the requirements of applicable law. All valid existing 
applications received at or prior to 8:30 a.m. on April 30, 2013, will 
be considered as simultaneously filed at that time. Those received 
thereafter will be considered in the order of filing.
    At 8:30 a.m. on April 30, 2013, the 70 acres of public lands 
described above will be opened to location and entry under the United 
States mining laws. Appropriation 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. 
Sec. 38, 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 BLM 
will not intervene in disputes between rival locators over possessory 
rights since Congress has provided for such determination in local 
courts.

    Authority:  43 CFR 2091.2-2 and 43 CFR 2461.5(c)(2).

Thomas J. Seley,
Manager, Tonopah Field Office.
[FR Doc. 2013-10108 Filed 4-29-13; 8:45 am]
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