[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Notices]
[Pages 60437-60438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24448]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[19XL5017AR.LLUT921000.L54200000.BX0000.LVDIJ19J0010; UTU-94260]


Notice of Application for Recordable Disclaimer of Interest in 
Public Highway Rights-of-Way; Manganese Road in Washington County, UT

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: On May 9, 2019, the State of Utah and Washington County 
(Applicants) filed an application with the Bureau of Land Management 
(BLM) for a Recordable Disclaimer of Interest (RDI) from the United 
States in a public highway right-of-way identified by BLM Serial Number 
UTU-94260 for Manganese Road in Washington County, Utah. An RDI, if 
issued, would disclaim the United States' interest in this public 
highway right-of-way. This Notice is to notify the public of the 
pending application and the Applicants' grounds supporting it. Specific 
details of the application are provided in the SUPPLEMENTARY 
INFORMATION section.

DATES: Submit written comments on this application on or before 
December 9, 2019. Public comments may be mailed or hand delivered to 
the BLM office address below. Comments on the Manganese Road should 
reference BLM Serial Number UTU-94260. The BLM will not consider 
comments received via telephone calls or faxes.

ADDRESSES: You may submit comments via mail or email on the State and 
Washington County's application for an RDI. Email comments may be 
submitted to [email protected]. Written comments may be provided to 
Melinda Moffitt, Project Manager (R.S. 2477), BLM Utah State Office 
(UT-921), 440 West 200 South, Suite 500, Salt Lake City, Utah 84101-
1345.

FOR FURTHER INFORMATION CONTACT: Melinda Moffitt, Project Manager (R.S. 
2477), BLM Utah State Office at the above address or phone (801) 539-
4045 and email to [email protected]. Persons who use a 
telecommunication device for the deaf (TDD) may call the Federal Relay 
Service (FRS) at (800) 877-8339 to contact the above individual. The 
FRS is available 24 hours a day, 7 days a week, to leave a message or 
question with the above individual. You will receive a reply during 
normal business hours.

SUPPLEMENTARY INFORMATION: Section 315 of the Federal Land Policy and 
Management Act (FLPMA) of 1976, as amended (43 U.S.C. 1745), and the 
regulations at 43 CFR 1864 authorize the BLM to issue an RDI where: (1) 
The disclaimer will help remove a cloud on title, and (2) a record 
interest of the United States in lands has terminated by operation of 
law or is otherwise invalid.
    In their application, the Applicants identify that the BLM's 
continued management and regulation of the Manganese Road, i.e., the 
claimed Revised Statute (R.S.) 2477 (43 U.S.C. 932, repealed October 
21, 1976) right-of-way that is the subject of the application, and the 
Applicants' Quiet Title Act lawsuit that seeks to quiet title in the 
road represent a cloud on the Applicants' title. Further, the 
Applicants assert that they hold a joint and undivided property 
interest in the public highway right-of-way for the Manganese Road as 
granted pursuant to the authority provided by R.S. 2477 over public 
lands administered by the BLM.
    The Manganese Road is approximately 10.18 miles in length, located 
in western Washington County, and it extends from the Gunlock Road west 
to the Motoqua Road. It crosses approximately 9.88 miles of public 
lands administered by the BLM in townships 40 south, ranges 17 and 18 
west, Salt Lake Meridian, Utah. The RDI application pertains only to 
those road segments across public lands administered by the BLM. One 
road segment is approximately 0.3 miles long across private property 
and is not a part of the application. This private property segment is 
the eastern 0.3 mile segment of the Manganese Road that connects to the 
Gunlock Road and crosses sections 28 and 29 of township 40 south, range 
17 west, Salt Lake Meridian, Utah.
    Application information submitted by the Applicants indicates that 
initial use of Manganese Road began no later than the 1940s. The road 
was and currently is used for grazing, ranching, hunting, wood 
gathering, prospecting, recreation, and general public access in the 
local area. The surface of the road is gravel and native soil and is 
graded throughout its length.
    The Applicants submitted the following information with the 
application:
    1. Narrative description of the location, characteristics and 
attributes of Manganese Road. The travel surface width ranges from 21 
to 68 feet.
    2. Centerline description of the road based on Global Positioning 
System (GPS) data.
    3. Detailed descriptions of the right-of-way passing through public 
lands including beginning and end points, surface type, and disturbed 
width.
    4. Maps showing the location of the public highway right-of-way.
    5. Aerial photography dated 1976.
    6. Depositions by seven persons attesting to the location of the 
road; its establishment as a public highway prior to October 21, 1976; 
familiarity with the character and attributes of the road including 
type of travel surface, disturbed width, associated improvements and 
ancillary features such as culverts, cattle-guards, etc.; current 
public usage of the road; the historic and current purposes for which 
the road is used; and evidence of periodic maintenance.
    7. Recent photographs and 360 degree video depictions of the road 
at various points along its alignment.
    The Applicants did not identify any known adverse claimants of the 
public highway right-of-way.
    If approved, the RDI document would disclaim the United States' 
interest in the public highway right-of-way as of the date of the 
disclaimer document. The BLM's RDI document would disclaim the United 
States' interest in, or ownership of, specified interests in lands, but 
the disclaimer would not grant, convey, transfer, remise, quitclaim, 
release or renounce any title or interest in the lands, nor would it 
release any tax, judgment, or lien, or any other mortgage, deed or 
trust, or other security interest in lands that are held by or for the 
benefit of the United State or any instrumentality of the United 
States. This Notice is to inform the public of the pending application 
and the Applicants' supporting evidence, as well as to provide the 
opportunity to comment or provide additional information to the BLM.
    The BLM will not make a final determination on the Applicants' 
application before February 6, 2020. Interested parties and the public 
will have 30 days to provide comment and are encouraged to access the 
BLM RDI public web page at https://www.blm.gov/programs/lands-and-realty/utah/rdi to review a copy of the application and supporting 
evidence. Additionally, copies of the application materials are 
available for public review at the BLM Utah State Office (see Addresses 
above), during regular business hours, 7:45 a.m. to 4:30 p.m. local 
time, Monday through Friday, except holidays.

[[Page 60438]]

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment including your personal identifying 
information may be made publicly available at any time. While you can 
ask the BLM in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

    Authority: 43 CFR 1864.

Edward Roberson,
State Director.
[FR Doc. 2019-24448 Filed 11-7-19; 8:45 am]
 BILLING CODE 4310-DQ-P