Classification of public lands: Colorado,

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Federal Register: September 11, 1998 (Volume 63, Number 176)NoticesPage 48754-48755From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr11se98-102

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

COC-59828; CO-935-98-1430-00Colorado: Initial Classification of Public Lands for State Indemnity Selection

AGENCY: Bureau of Land Management, Interior

ACTION: Notice of initial classification of public lands for state indemnity classification.

SUMMARY: The Bureau of Land Management is issuing a notice of initial classification of certain public lands located in Fremont, Park, Routt Counties, Colorado, as suitable for state indemnity selection by the State of Colorado. The proposed classification decision was published in the Federal Register, and no comments were received. The lands are therefore being classified as proposed.

DATES: Comments should be received on or before October 13, 1998.

ADDRESSES: Comments should be submitted to the Secretary of the Interior, through the Bureau of Land Management, AD 350, 1000 L Street, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Andrew J. Senti, BLM, Colorado State Office, 303-239-1713.

SUPPLEMENTARY INFORMATION: Pursuant to Title 43 Code of Federal Regulations, Subpart 2400 and Section 7 of the Act of June 28, 1934; and the provisions granted to the State of Colorado by the Act of March 3, 1875 (18 Stat. 474), the public lands described below are hereby classified for State Indemnity Selection. The State of Colorado has filedapplication to acquire the described lands in lieu of certain school lands that were encumbered by other rights or reservations before the State's title could attach. This application was assigned serial number Colorado 59828.

The notice of proposed classification of these lands was published in the Federal Register on February 12, 1997, Volume 62, Number 29, pages 6554, 6555, and was widely publicized. No comments were received. The lands are being classified as proposed.

The lands included in this classification are in Fremont, Park, and Routt Counties, Colorado and are described as follows:

Sixth Principal Meridian, Colorado

T. 17 S., R. 68 W.,

Sec. 11, SE\1/4\SW\1/4\ and SW\1/4\SE\1/4\;

Sec. 15, S\1/2\NE\1/4\, N\1/2\SW\1/4\ and NW\1/4\SE\1/4\;

Sec. 21, NW\1/4\SE\1/4\;

Sec. 22, NW\1/4\NW\1/4\;

Sec. 27, SW\1/4\;

Sec. 28, NE\1/4\SE\1/4\;

Sec. 34, W\1/2\ and SE\1/4\; T. 18 S., R. 68 W.,

Sec. 3 lots 3, 4, 5, 6, 7, S\1/2\NW\1/4\ and NW\1/4\SW\1/4\;

Sec. 4, NE\1/4\SE\1/4\;

Sec. 10, N\1/2\NW\1/4\; T. 11 S., R. 75 W.,

Sec. 5, lots 1, 2, 3, 4, S\1/2\NE\1/4\ and SE\1/4\SE\1/4\;

Sec. 6, lots 1, 2, 3, 4, 5, S\1/2\NE\1/4\ and SE\1/4\NW\1/4\; T. 7 N., R. 88 W.,

Sec. 5, SE\1/4\SE\1/4\

Sec. 8, N\1/2\NE\1/4\ and SW\1/4\NE\1/4\.

The areas described aggregate 2,237.06 acres.

This classification decision is based on the disposal criteria set forth in Title 43 Code of Federal Regulations, Part 2400. Transfer of the lands to the State will help fulfill the federal government's common school land grant to the state, which constitutes a public purpose use of the land. Lands found to be valuable for a public purpose use will be considered chiefly valuable for public purposes (43 CFR 2430.2b).

Certain of the lands in sections 27, 28 and 34, T. 17 S., R. 68 W., and sections 3 and 10, T. 18 S., R. 68 W., and the land in T. 7 N., R. 78 W., are in grazing use authorizations. If these lands are clearlisted, this grazing use will be terminated at the time title to the land is transferred to the State.

Threatened and endangered species and cultural resources evaluations have been performed and approved for the lands in this classification. Neither threatened and endangered species nor cultural resources were found on the

[Page 48755]lands. A study made of each area indicates little potential for mineral exploration. There are no active mining claims recorded with the Bureau of Land Management for these lands, nor was any evidence of mining activity found on the land. An issued oil and gas lease on the lands in T. 11 S., R. 75 W., will remain in effect. A right-of-way on sections 3 and 10, T. 18 S., R. 68 W., will transfer with the land to the State.

If and when the selection is approved and certified to the State, the clearlist will contain the following reservations to the United States:

1. A right-of-way thereon for ditches and canals constructed by the authority of the United States, Act of August 30, 1890, 26 Stat. 391 (codified at 43 U.S.C. 945).

2. All the oil and gas in the described lands in T. 11 S., R. 75 W., and T. 7 N., R. 88 W. so clearlisted; and to it, or persons authorized by it, the right to prospect for, mine, and remove such deposits from the same upon compliance with the conditions and subject to the provisions and limitations of the Act of July 17, 1914, 38 Stat. 509, as supplemented (codified at 30 U.S.C. 121-124).

The clearlist will also be subject to those rights for reservoir and ditch purposes as have been granted to Beaver Water and Irrigation Company, its successors or assigns, by right-of-way Pueblo 07902 under the Act of March 3, 1891, as amended (formerly 43 U.S.C. 946-949).

The public lands classified by this notice are shown on maps on file and available for inspection in the Colorado State Office of the Bureau of Land Management.

For a period of 30 days from the date of publication in the Federal Register, this classification shall be subject to exercise of administrative review and modification by the Secretary of the Interior as provided for in 43 CFR 2461.3 and 2462.3. Interested parties may submit comments to the Secretary of the Interior, through the Bureau of Land Management, Assistant Director, Minerals Realty & Resource Protection, AD-350, 1000 L Street, Washington, D.C. 20240.

Dated: August 28, 1998. Jenny L. Saunders, Realty Officer.

FR Doc. 98-24431Filed9-10-98; 8:45 amBILLING CODE 4310-JB-P

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