[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Pages 47244-47245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21957]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNM004000 L54200000.FR0000 LVDIG17ZGKP0 17X]


Notice of Application for a Recordable Disclaimer of Interest: 
Harris County, Texas

AGENCY: Bureau of Land Management, Department of the Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Land Management (BLM) received an application 
for a Recordable Disclaimer of Interest (RDI) from RKE-2 Real Estate, 
LLC, a Texas limited liability company, pursuant to Section 315 of the 
Federal Land Policy and Management Act of 1976 (FLPMA), as amended, and 
the implementing regulations for certain surface land located in Harris 
County, Texas. This Notice is intended to inform the public of the 
pending application, give notice of BLM's intention to grant the 
requested DRI, and provide a public comment period for the proposed 
Disclaimer of Interest.

DATES: Comments on this action should be received by January 9, 2018. 
Absent any valid objection, this Notice will become the final 
determination of the Department of the Interior and an RDI may be 
issued January 9, 2018.

[[Page 47245]]


ADDRESSES: Additional information pertaining to this application can be 
reviewed in case file TXNM136311 located in the BLM Oklahoma Field 
Office, 201 Stephenson Parkway, Room 1200, Norman, OK 73072-2037. 
Written comments must be sent to the Deputy State Director, Lands and 
Resources, BLM, New Mexico State Office, P.O. Box 27115, Santa Fe, NM 
87502-0115.

FOR FURTHER INFORMATION CONTACT: John Ledbetter, Realty Specialist, BLM 
Oklahoma Field Office, (405) 579-7172, [email protected]. Persons who 
use a telecommunications device for the deaf (TDD) may call the Federal 
Relay Service (FRS) at 1-800-877-8339 to contact the above individual 
during normal business hours. The Service 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: RKE-2 Real Estate, LLC, submitted an 
application for a Disclaimer of Interest pursuant to Section 315 of the 
FLPMA, as amended, and the implementing regulations in 43 CFR subpart 
1864. The purpose of this Disclaimer is to remove a cloud on the title 
of the surface estate of a parcel of land situated in Harris County, 
Texas.
    By deed dated October 6, 1936, the United States Department of 
Agriculture obtained multiple tracts of land in Harris County, Texas. 
In describing the acquired land, the acquisition deed first cited the 
legal description as ``Lots 1 to 16 inclusive of Block 18 of Highland 
Farms,'' as well as multiple other tracts. Following this initial 
description of the lots and blocks, the deed continued by restating the 
description of the same area as ``more particularly described by metes 
and bounds,'' and went on to cite a lengthy metes and bounds 
description.
    On January 1, 1944, the United States disposed of these acquired 
properties, except and reserving to the United States three-quarters of 
the oil, gas, coal, and other mineral rights. The resulting quitclaim 
deed cited the same metes and bounds description that was used in the 
1936 acquisition deed, omitting the lots and blocks description. 
Thereafter, certain subsequent deeds, purporting to convey this same 
property, cited the lots and blocks descriptions included in the 1936 
deed. It was apparently unknown at the time and did not become known 
until sometime later that these two descriptions of the same land from 
the 1936 deed did not match exactly. Due to the 1936 deed legal 
description inconsistency, the 1944 deed and other subsequent deeds 
were plagued with the same inconsistency in the description. The 
historical evidence provided by the applicant in the form of deeds and 
correctional documents demonstrate and support that the two 
descriptions used in the 1936 acquisition deed were not identical. This 
inconsistency remains to date and causes a cloud on the title.
    The BLM New Mexico State Office Cadastral Survey Program has 
reviewed and compared the legal land descriptions of the 1936 and 1944 
deeds. According to the Land Surveyor Report dated September 26, 2016, 
the land description in the two deeds do not appear to be identical. 
However, since the subdivision plat is lacking in detail, and the two 
descriptions purport to describe the same property, the metes and 
bounds description must be either based on a survey the BLM does not 
have access to, or is the wrong interpretation of the plat. The 
discrepancy in descriptions manifests itself as a 0.2813-acre 
triangular parcel within Lot 16, Block 18, Highland Farms, and creates 
a cloud on the title. The BLM believes that the intent of the 1944 
disposition deed was to dispose of the entire surface estate of the lot 
acquired in 1936, and not to reserve this triangular parcel. Therefore, 
in order to remove the cloud on the title to the lot, the BLM intends 
to disclaim the land described as:

Harris, Texas

    All of Lot 16, Block 18, Highland Farms according to the plat or 
map recorded in Volume 7, Page 60 of the Map Records of Harris County, 
Texas (surface estate only).
    This proposed RDI does not address any mineral interest that may 
still be vested with the United States of America.
    The public is hereby notified that comments may be submitted to the 
Deputy State Director, Lands and Resources at the address shown above 
within the comment period identified in the notice. Any adverse 
comments will be evaluated by the State Director who may modify or 
vacate this action and issue a final determination.
    In the absence of any valid objection, this Notice will become the 
final determination of the Department of the Interior and a RDI may be 
issued 90 days from publication of this Notice.
    Comments, including names and street addresses of commenters, will 
be available for public review at the BLM New Mexico State Office (see 
address above), during regular business hours, Monday through Friday, 
except Federal holidays. Before including your address, phone number, 
email 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 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).

Melanie Barnes,
Deputy State Director, Lands and Resources.
[FR Doc. 2017-21957 Filed 10-10-17; 8:45 am]
 BILLING CODE 4310-FB-P