[Federal Register Volume 65, Number 236 (Thursday, December 7, 2000)]
[Notices]
[Pages 76663-76664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31183]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NM-932-1430-ET; NMNM 25016-30]


Public Land Order No. 7470; Partial Revocation of Executive Order 
Dated April 17, 1926; New Mexico

AGENCY: Bureau of Land Management, Interior.

ACTION: Public land order.

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SUMMARY: This order partially revokes an Executive order insofar as it 
affects 39.91 acres of land withdrawn for the Bureau of Land 
Management's Public Water Reserve No. 107. The land does not meet the 
criteria for a public water reserve. This action will open the land to 
surface entry and nonmetalliferous mining. The Executive order did not 
close any of the land to metalliferous mining or to mineral leasing.

EFFECTIVE DATE: January 8, 2001.

FOR FURTHER INFORMATION CONTACT: Jeanette Espinosa, BLM New Mexico 
State Office, 1474 Rodeo Road, Santa Fe, New Mexico 87505, 505-438-
7597.
    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 Executive Order dated April 17, 1926, which established 
Public Water Reserve No. 107, is hereby revoked insofar as it affects 
the following described land:

New Mexico Principal Meridian

T. 20 S., R. 28 E.,
    Sec. 1, lot 1.
The area described contains 39.91 acres in Eddy County.

    2. At 10 a.m. on January 8, 2001, the land described in paragraph 1 
will be opened to the operation of the public land laws generally, 
subject to valid existing rights, the provisions of existing 
withdrawals, other segregations of record, and the requirements of

[[Page 76664]]

applicable law. All valid applications received at or prior to 10 a.m. 
on January 8, 2001, shall be considered as simultaneously filed at that 
time. Those received thereafter shall be considered in the order of 
filing.
    3. At 10 a.m. on January 8, 2001, the land described in paragraph 1 
will be opened to nonmetalliferous mineral 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 any of the land 
for nonmetalliferous minerals 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 (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: November 14, 2000.
Sylvia V. Baca,
Assistant Secretary of the Interior.
[FR Doc. 00-31183 Filed 12-6-00; 8:45 am]
BILLING CODE 4310-FB-P