[Federal Register: February 24, 2005 (Volume 70, Number 36)]
[Notices]
[Page 9094-9096]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe05-102]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[UT-921-5421-BX-AA03; UTU-81879] [UT-921-5421-BX-AA04; UTU-81880] [UT-
921-5421-BX-AA05; UTU-82193] [UT-921-5421-BX-AA06; UTU-82194]
Notice of Applications for Recordable Disclaimer of Interest in
Public Highway Rights-of-Way Established Pursuant to Revised Statute
2477 (43 U.S.C. 932, Repealed October 21, 1976); Roads D28 and D30 in
Daggett County, UT; Hickory Peak Road in Beaver County; and Horse
Valley Road in Beaver and Iron Counties
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of applications.
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SUMMARY: On September 15, 2004 the State of Utah and Daggett County
[[Page 9095]]
submitted two applications for recordable disclaimers of interest from
the United States. These recordable disclaimer of interest applications
are identified by BLM Serial Number UTU-81879 for Road D28 and UTU-
81880 for Road D30, both in Daggett County, Utah.
On December 8, 2004 the State of Utah and Beaver and Iron Counties
submitted two additional applications for recordable disclaimers of
interest from the United States. These recordable disclaimer of
interest applications are identified by BLM Serial Number UTU-82193 for
Hickory Peak Road in Beaver County, Utah and UTU-82194 for Horse Valley
Road in Beaver and Iron Counties, Utah.
Recordable disclaimers of interest, if issued, would confirm that
the United States has no property interest in the identified public
highway rights-of-way. This Notice is intended to notify the public of
the pending applications and the State's and Counties' grounds for
supporting them.
Specific details of the applications are provided in the
SUPPLEMENTARY INFORMATION section below.
DATES: On or before April 25, 2005, all interested parties may submit
comments on the State's and Counties' applications as follows. Comments
on the Road D28 application should reference BLM Case File Serial
Number UTU-81879, comments on the Road D30 application should reference
BLM Case File Serial Number UTU-81880, comments on the Hickory Peak
Road should reference BLM Case File Serial Number UTU-82193, and
comments on the Horse Valley Road should reference BLM Case File Serial
Number UTU-82194. Public comment will be accepted if received by BLM or
postmarked no later than 60 days following the date of publication of
this Notice. BLM will review all timely comments received on the
applications, and will address all relevant, substantive issues raised
in the comments. A final decision on the merits of the applications
will not be made until at least May 25, 2005.
ADDRESSES: Interested parties and the public are encouraged to access
the RS2477 Disclaimer Process public Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ut.blm.gov/rs2477
to review the application materials and provide comments on the
application. For those without access to the public Web site, written
comments may be provided to the Chief, Branch of Lands and Realty, BLM
Utah State Office (UT-921), P.O. Box 45155, Salt Lake City, Utah 84145-
0155.
FOR FURTHER INFORMATION CONTACT: Mike DeKeyrel, Realty Specialist, BLM
Utah State Office Branch of Lands and Realty (UT-921) at the above
address or Phone 801-539-4105 and Fax 801-539-4260.
SUPPLEMENTARY INFORMATION: Disclaimers of interest are authorized by
Section 315 of the Federal Land Policy and Management Act (FLPMA) of
1976, as amended (43 U.S.C 1745), the regulations contained in 43 CFR
Subpart 1864, and the April 9, 2003 Memorandum of Understanding (MOU)
Between the State of Utah and the Department of the Interior on State
and County Road Acknowledgement.
The D28 and D30 Roads are located in northeastern Daggett County,
approximately 40 miles north-northeast of Vernal, Utah and
approximately one and one-half miles south of the Wyoming state line.
Road D28 is approximately one mile in length, and Road D30 is
approximately two miles in length. Both Roads D28 and D30 connect to
Brown's Park Road, Daggett County's main transportation artery through
the Clay Basin area. Application information submitted by the State and
County indicates that initial road construction occurred in the late
1920s on Road D28 and the northern portion of Road D30, and
construction of the southern portion of Road D30 occurred in the early
1960s.
The road construction was for access to oil and gas wells in the
Clay Basin. The surface of both roads is native dirt, with gravel added
and graded throughout their lengths. The recordable disclaimer of
interest applications pertain to the entire lengths of Roads D28 and
D30, as both roads pass through BLM administered public lands only. The
Hickory Peak Road is located in central Beaver County, approximately
three miles west of Milford, Utah, and is approximately three miles in
length. Application information submitted by the State and County
indicates that initial road construction occurred in the 1870s. The
initial road construction was for access to mines located in Star Range
Mountain area. The surface of the road is native dirt, with gravel
added and graded throughout its length. The recordable disclaimer of
interest applications pertain to the entire length of Hickory Peak
Road, as the road passes through BLM administered public lands only.
The Horse Valley Road is located in south-central Beaver County and
north-central Iron County, approximately 10 miles west-southwest of
Minersville, Utah, and is approximately nine miles in length.
Approximately two miles are in Beaver County and approximately seven
miles are in Iron County. Application information submitted by the
State and Counties indicates that initial road use began in the 1920s
and construction (grading) occurred in the 1940s. The road construction
and use was and is for access to grazing and general public access in
the local area. The surface of the road is native dirt, and graded
throughout its length. The recordable disclaimer of interest
applications pertain to those road segments across public lands
administered by BLM. One road segment approximately 0.66 mile long is
across State of Utah land and is not a part of the application.
The State of Utah and the Counties of Daggett, Beaver and Iron
assert that they hold a joint and undivided property interest in the
road rights-of-way identified above as granted pursuant to the
authority provided by Revised Statute 2477 (43 U.S.C. 932, repealed
October 21, 1976) over public lands administered by the Bureau of Land
Management. The State submitted the following information with the
application in both paper copy and in electronic form (Compact Disk):
1. Narrative description of the location, characteristics and
attributes of Road D28, Road D30, Hickory Peak Road, and Horse Valley
Road. The claimed right-of-way (disturbed) width for Road D28 is 40
feet. The claimed right-of-way (disturbed) width for road D30 is 45
feet. The claimed right-of-way (disturbed) width for Hickory Peak Road
ranges from 24 to 30 feet. The claimed right-of-way (disturbed) width
for Horse Valley Road is 24 feet in Beaver County and ranges from 10 to
12 feet wide in Iron County.
2. Centerline description of the roads based on Global Positioning
System (GPS) data.
3. Detailed descriptions of the rights-of-way (one identified
segment for each road) passing through public lands including beginning
and end points, surface type, and disturbed width.
4. Legal description by aliquot part (e.g. \1/4\\1/4\ section) of
the land parcels through which the roads pass.
5. Maps showing location of the identified road rights-of-way and
the location and dates of water diversion points and mining locations
to which the highway provides access.
6. Aerial photography dated 1976 and after 1990.
7. Signed and notarized affidavits by persons attesting to the
location of both roads; their establishment as a highway prior to
October 21, 1976; familiarity with the character and attributes of both
roads including type of travel surface, disturbed width, associated
improvements and ancillary features such as bridges, cattleguards,
etc.;
[[Page 9096]]
current public usage of the road; the historic and current purposes for
which the road is used; and evidence of periodic maintenance.
8. Recent photographs of the roads at various points along their
alignments.
The State of Utah did not identify any known adverse claimants of
the identified public highway rights-of-way.
If approved, the recordable disclaimer documents would confirm that
the United States has no property interest in the public highway
rights-of-way as it is identified in the official records of the Bureau
of Land Management as of the date of the disclaimer document.
Comments, including names and street addresses of commentors, will
be available for public review at the Utah State Office (see address
above), during regular business hours 8 a.m. to 4 p.m. local time,
Monday through Friday, except holidays. Individual respondents may
request confidentiality. If you wish to hold your name or address from
public review or from disclosure under the Freedom of Information Act,
you must state this prominently at the beginning of your comments. Such
requests will be honored to the extent allowed by law. All submissions
from organizations or business will be made available for public
inspection in their entirety. Anonymous comments will not be accepted.
Dated: January 7, 2005.
Kent Hoffman,
Deputy State Director.
[FR Doc. 05-3520 Filed 2-23-05; 8:45 am]