37068 Federal Register / Vol. 60, No. 138 / Wednesday, July 19, 1995 / Notices assigned Permit Number PRT±804479. by the Utah prairie dog, a threatened States in the event the patentee or its The requested permit, which is for a species. successor, used the land for purposes period not to exceed 2 years, would The Applicant considered a no action other than that specified in the patent. authorize the incidental take of the alternative. The prairie dogs are situated The land was not improved in threatened Utah prairie dog (Cynomys on the property in such a way that the accordance with the provision of the parvidens). The proposed take would proposed development cannot be plan of development on file with this occur as a result of development of a 33- planned to avoid them. Furthermore, Bureau; therefore, the land reverted acre housing community on privately- this is a small colony surrounded by back to the United States by operation owned property within the city limits of industrial and residential development, of law. Cedar City, Iron County, Utah. and a State highway. Implementation of At 10 a.m. on August 18, 1995, the The Applicant has prepared a habitat the no action alternative would cause land will be opened to the operation of conservation plan and an environmental loss of use of the private property, the public land laws generally, subject assessment for the incidental take resulting in an economic loss. to valid existing rights, the provisions of permit application. This notice is Authority: The authority for this action is existing withdrawals, other segregations provided pursuant to section 10(c) of the Endangered Species Act of 1973, as of record, and the requirements of the Act and National Environmental amended (16 U.S.C. 1531 et seq.) and the applicable law. All valid applications Policy Act regulations (40 CFR 1506.6). National Environmental Policy Act of 1969, received at or prior to 10 a.m. on August DATES: Written comments of the habitat as amended (42 U.S.C. 4321 et seq.). 18, 1995, shall be considered as conservation plan, permit application, Dated: July 11, 1995. simultaneously filed at that time. Those and environmental assessment should Terry T. Terrell, received thereafter shall be considered be received on or before August 18, Regional Director, Denver, Colorado. in the order of filing. 1995. [FR Doc. 95±17711 Filed 7±18±95; 8:45 am] At 10 a.m. on August 18, 1995, the ADDRESSES: Requests for any of the land will be opened to location and BILLING CODE 4310±55±M above documents and comments or entry under the United States mining materials concerning them should be laws subject to valid existing rights, the sent to the Assistant Field Supervisor, Bureau of Land Management provisions of existing withdrawals, Utah Field Office, U.S. Fish and other segregations of record, and the Wildlife Service, 145 East 1300 South, [CA±930±1430±01; CARI 05072] requirements of applicable law. Appropriation of any of the land Suite 404, Salt Lake City, Utah 84115. Order Opening Land Reconveyed; described in this order under the The documents and comments and California materials received will be available for general mining laws prior to the date public inspection, by appointment, AGENCY: Bureau of Land Management, and time of restoration is unauthorized. during normal business hours at the Interior. Any such attempted appropriation, above address. Please refer to Permit ACTION: Notice. including attempted adverse possession Number PRT±804479 in all under 30 U.S.C. 38 (1988), shall vest no correspondence regarding these SUMMARY: The City of Barstow has rights against the United States. Acts documents. issued a quitclaim deed to the United required to establish a location and to FOR FURTHER INFORMATION CONTACT: States which was recorded on July 28, initiate a right of possession are Robert D. Williams, Assistant Field 1994 in the official records of San governed by State law where not in Supervisor, (see ADDRESSES above) Bernardino County, California. The title conflict with Federal laws. The Bureau (telephone (801) 524±5001 extension evidence was acceptable and title was of Land Management will not intervene 124, facsimile (801) 524±5021). accepted on behalf of the United States in disputes between rival locators over on June 7, 1995. SUPPLEMENTARY INFORMATION: Section 9 possessory rights since Congress has of the Endangered Species Act (Act) of EFFECTIVE DATE: August 18, 1995. provided for such determinations in 1973, as amended (16 U.S.C. 1531 et FOR FURTHER INFORMATION CONTACT: John local courts. seq.), prohibits the ``taking'' of any Beck, BLM California State Office (CA± Dated: July 10, 1995. threatened or endangered species, 931.2), 2800 Cottage Way, Room E± David McIlnay, 2845, Sacramento California, 95825; including the Utah prairie dog, Chief, Branch of Lands. 916±979±2858. However, the Fish and Wildlife Service, [FR Doc. 95±17662 Filed 7±18±95; 8:45 am] under limited circumstances, may issue SUPPLEMENTARY INFORMATION: On March BILLING CODE 4310±40±P permits to take threatened and 30, 1965, Patent No. 04±65±0234 was endangered wildlife species if such issued to the City of Barstow under the Act of June 14, 1926 as amended (43 taking is incidental to, and not the [CO±956±95±1420±00] purpose of, otherwise lawful activities. U.S.C. 869 et seq) for the following Regulations government permits for described land: Colorado: Filing of Plats of Survey threatened and endangered species are San Bernardino Meridian at 50 CFR 17.22. July 6, 1995 West Hills, L.L.C., a small company, T. 9 N., R. 2 W. The plats of survey of the following Sec. 15, W1¤2NE1¤4NE1¤4, wishes to construct 214 housing units described land are officially filed in the W1¤2NE1¤4NE1¤4NE1¤4, on a 33-acre parcel of property in Cedar NE1¤4NE1¤4NE1¤4NE1¤4, Colorado State Office, Bureau of Land City, Iron County, Utah. The project also W1¤2SE1¤4NE1¤4NE1¤4, Management, Lakewood, Colorado, includes installation of associated NE1¤4SE1¤4NE1¤4NE1¤4, W1¤2SE1¤4NE1¤4, effective 10:00 a.m. on July 6, 1995. infrastructures including natural gas, N1¤2NE1¤4SE1¤4NE1¤4, The plat representing the metes-and- sewer, water, and phone; and SW1¤4NE1¤4SE1¤4NE1¤4, bounds survey of lot 13, in section 3, in development of streets, parking areas, SW1¤4SE1¤4SE1¤4NE1¤4, SW1¤4NE1¤4, S1¤2 Township 4 South, Range 83 West, of tennis courts, and a club house. NW1¤4NE1¤4, NE1¤4NW1¤4NE1¤4. the Sixth Principal Meridian, Group Approximately 2 acres on the north side The patent contained a provision that 1085, Colorado, was accepted May 8, of the property is known to be inhabited the land would revert to the United 1995. Federal Register / Vol. 60, No. 138 / Wednesday, July 19, 1995 / Notices 37069 The plat representing the metes-and- subdivisional lines, subdivision of allowing the Bureau of Land bounds survey of lot 2, in section 9, in section 29, the survey of the centerline Management to file an application to Township 2 South, Range 84 West, of of U.S. Highway No. 93, and a metes- withdraw the following described lands the Sixth Principal Meridian, Group and-bounds survey in section 29, T. 8 from settlement, sale, location or entry 1087, Colorado, was accepted May 5, N., R. 23 E., Boise Meridian, Idaho, under the United States mining laws (30 1995. Group No. 900, was accepted, July 3, U.S.C. Ch.2), subject to valid existing The plat representing the dependent 1995. rights: resurvey of a portion of the north The plat representing the dependent Mount Diablo Meridian boundary and a portion of the resurvey of a portion of the subdivisional lines and the subdivision subdivisional lines, subdivision of Parcel No. 1: of certain sections and an informative section 9, and a metes-and-bounds T. 33 N., R. 9 W., traverse of the center line of Colorado survey in section 9, T. 8 N., R. 21 E., Sec. 23, S1¤2SE1¤4. State Highway No. 325 in sections 3 and Boise Meridian, Idaho, Group No. 901, Excepting therefrom all that portion there 4, in Township 5 South, Range 92 was accepted July 3, 1995. of conveyed in the deed to Jerald Lee Schnor, West,the Sixth Principal Meridian, The supplemental plats, three (3), of recorded 7/11/94 in Book 332 of Official Group 1030, Colorado, was accepted partially unsurveyed T. 48 N., R. 5 E., Records Page 960. May 23, 1995. Also excepting therefrom all that portion Boise Meridian, Idaho, prepared to there of conveyed in the deed to Harvey J. The plat representing the dependent create tracts 84±88, 89±93, and 94±96 resurvey of a portion of the north Watkins, et al, recorded 7/11/94 in Book 332 respectively, were accepted July 3, 1995. of Official Records Page 962. boundary, east boundary (Twelfth Guide These plats were prepared to meet Meridian West), subdivisional lines, and certain administrative needs of the Parcel No. 2: the subdivision of certain sections in Bureau of Land Management. T. 33 N., R 9 W., Township 3 North, Range 97 West, All inquiries concerning the survey of Sec. 26, W1¤2NE1¤4, NE1¤4NE1¤4, fraction of 1 1 Sixth Principal Meridian, Groups 967 the above described land must be sent NE ¤4NW ¤4. and 1015, Colorado, was accepted May to the Chief, Branch of Cadastral Survey, Commencing at the established quarter 9, 1995. Idaho State Office, Bureau of Land section corner between sections 23 and 26, These surveys were executed to meet and running thence on section line variation Management 3380 Americana Terrace, 18° 27′ East, West 5.30 chains to a point on certain administrative needs of this Boise, Idaho, 83706.