[Federal Register Volume 60, Number 75 (Wednesday, April 19, 1995)]
[Rules and Regulations]
[Pages 19525-19526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9581]



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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Public Land Order 7134

[CA-930-1430-01; CACA 4661]


Partial Revocation of Executive Order Dated April 17, 1926, 
Public Water Reserve No. 107; California

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affects 69.78 acres of public land withdrawn for a public water 
reserve. The land is no longer needed for that purpose, and the partial 
revocation is needed to facilitate a land exchange under Section 206 of 
the Federal Land Policy and Management Act of 1976. This action will 
open 69.78 acres to surface entry and nonmetalliferous mining unless 
closed by overlapping withdrawals or temporary segregation of record. 
The land has been and remains open to metalliferous mining and mineral 
leasing.

EFFECTIVE DATE: May 19, 1995.

FOR FURTHER INFORMATION CONTACT: Duane Marti, BLM California State 
Office, 2800 Cottage Way, Sacramento, California 95825-1889; 916-979-
2858.
    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 (1988), it is ordered as follows:
    1. The Executive Order of April 17, 1926, creating Public Water 
Reserve No. 107, is hereby revoked insofar as it affects the following 
described land:

Mount Diablo Meridian

T. 17 N., R. 10 E.,
    Sec. 28, lots 5 and 7.

    The area described contains 69.78 acres in Nevada County.

    2. At 10 a.m. on May 19, 1995, the land will be opened to 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 applicable law. All valid applications received 
at or prior to 10 a.m. on May 19, 1995, 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 May 19, 1995, the land will be opened to location 
and entry for nonmetalliferous mining 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 lands described in this 
order under the general mining laws prior to the date and time of 
restoration in unauthorized. Any such attempted appropriation, 
including attempted adverse possession under 30 U.S.C. 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 Bureau of Land 
Management will not intervene in disputes between [[Page 19526]] rival 
locators over possessory rights since Congress has provided for such 
determination in local courts.

    Dated: April 4, 1995.
Bob Armstrong,
Assistant Secretary of the Interior.
[FR Doc. 95-9581 Filed 4-18-95; 8:45 am]
BILLING CODE 4310-40-P