[Federal Register Volume 65, Number 200 (Monday, October 16, 2000)]
[Notices]
[Pages 61183-61184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26427]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[MT-924-1430-ET; MTM 40641 et. al.]


Public Land Order No. 7465; Revocation of 13 Executive Orders; 
Montana

AGENCY: Bureau of Land Management, Interior.

ACTION: Public land order.

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SUMMARY: This order revokes 13 Executive orders in their entirety as 
they affect approximately 4,649,902 acres of public and National Forest 
System lands withdrawn for coal and phosphate classification purposes. 
The lands are no longer needed for the purpose for which they were 
withdrawn. This action will open the public lands to surface entry and 
nonmetalliferous mining subject to other segregations of record. The 
lands located within the National Forests will be opened to such forms 
of disposition as may by law be made of National Forest System lands 
and nonmetalliferous mining subject to other segregations of record. 
All of the lands have been and remain open to metalliferous mining and 
mineral leasing.

EFFECTIVE DATE: November 15, 2000.

FOR FURTHER INFORMATION CONTACT: Sandra Ward, BLM Montana State Office, 
P.O. Box 36800, Billings, Montana 59107, 406-896-5052. Copies of the 
Executive orders listed in Paragraph 1 are available from this 
location.
    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 (1994), it is ordered as follows:
    1. The following Executive orders, which withdrew public and 
National Forest System lands for coal and

[[Page 61184]]

phosphate classification purposes, are hereby revoked in their 
entirety:
    (a) July 9, 1910, Coal Reserve Montana No. 1 (MTM 40641);
    (b) July 29, 1910, Coal Reserve Montana No. 3 (MTM 41512);
    (c) November 25, 1910, Coal Reserve Montana No. 6 (MTM 41124);
    (d) January 12, 1911, Phosphate Reserve No. 7 (MTM 41533);
    (e) December 21, 1911, Coal Reserve Montana No. 8 (MTM 41180);
    (f) April 29, 1912, Phosphate Reserve No. 10, Montana No. 2 (MTM 
41814);
    (g) June 10, 1912, Phosphate Reserve No. 12, Montana No. 3 (MTM 
41561);
    (h) July 14, 1913, Phosphate Reserve No. 20, Montana No. 4 (MTM 
41564);
    (i) June 6, 1914, Phosphate Reserve No. 21, Montana No. 5 (MTM 
41815);
    (j) October 9, 1917, Phosphate Reserve No. 30, Montana No. 7 (MTM 
41179);
    (k) October 20, 1917, Phosphate Reserve No. 29, Montana No. 6 (MTM 
41887);
    (l) December 22, 1919, Coal Reserve Montana No. 14 (MTM 41679);
    (m) June 6, 1929, Coal Reserve No. 1, Montana No. 1 (MTM 40935).
    The areas within the above orders aggregate approximately 4,649,902 
acres in Beaverhead, Big Horn, Blaine, Carbon, Carter, Cascade, 
Chouteau, Custer, Dawson, Deer Lodge, Fergus, Flathead, Gallatin, 
Garfield, Granite, Jefferson, Lewis and Clark, Madison, Missoula, Park, 
Pondera, Powder River, Powell, Prairie, Ravalli, Richland, Rosebud, 
Silver Bow, Stillwater, Sweet Grass, Teton, and Treasure Counties, 
Montana.
    2. At 9 a.m. on November 15, 2000, subject to valid existing 
rights, the provisions of existing withdrawals, other segregations of 
record, and the requirements of applicable law, the public lands 
withdrawn by the Executive orders listed in Paragraph 1 shall be opened 
to the operation of the public land laws generally and the National 
Forest System lands withdrawn by the Executive orders listed in 
Paragraph 1 shall be opened to such forms of disposition as may by law 
be made of National Forest System lands. All valid applications 
received at or prior to 9 a.m. on November 15, 2000, 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 November 15, 2000, the lands withdrawn by the 
Executive orders listed in Paragraph 1 shall be opened to location and 
entry under the United States mining laws for nonmetalliferous 
minerals, subject to valid existing rights, the provisions of existing 
withdrawals, other segregations of record, and the requirements of 
applicable law. Appropriation of the lands that were withdrawn pursuant 
to the Executive orders listed in Paragraph 1 under the general mining 
laws for nonmetalliferous mining prior to the date and time of 
restoration is unauthorized. Any such attempted appropriation, 
including attempted adverse possession under 30 U.S.C. 38 (1994), 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: September 15, 2000.
Sylvia V. Baca,
Assistant Secretary of the Interior.
[FR Doc. 00-26427 Filed 10-13-00; 8:45 am]
BILLING CODE 4310-DN-P