Federal Register / Vol. 72, No. 8 / Friday, January 12, 2007 / Notices 1557 

interest in the use of raptors to conduct 

commercial abatement activities. The 

Service has determined that authorizing 

such use is consistent with the MBTA 

and with the long-term conservation of 

raptor species. The Service seeks public 

comments on the draft permit 

conditions, which are presented below. 

Applicants for a Special Use—

Abatement (SPA) permit would use 

FWS Form 3–200–10f, the Migratory 

Bird Special Purpose—Miscellaneous 

application form. If we determine that 

the application meets our requirements, 

we will issue an SPA permit containing 

the proposed conditions set forth below. 

The first three conditions (A, B, and C) 

are standard for all Special Purpose 

permits. The remaining conditions (D 

through K) would be unique to 

abatement permits. It is about these 

conditions that we seek comment. 

Special Purpose—Abatement Permit 

Conditions 

A. General conditions set out in 

subpart D of 50 CFR 13, and specific 

conditions contained in Federal 

regulations cited in block 2 above, are 

hereby made a part of this permit. All 

activities authorized by this permit must 

be carried out in accord with and for the 

purposes described in the application 

submitted. Continued validity, or 

renewal, of this permit is subject to 

complete and timely compliance with 

all applicable conditions. 

B. The validity of this permit is 

conditioned upon strict observance of 

all applicable State, local, or other 

Federal law. 

C. Valid for use by permittee named 

above. 

D. You are authorized to acquire, 

possess, and train up to [specify 

number] captive-bred raptors, in any 

species combination, to include hybrids 

from those species, of the following 

migratory bird species for the purpose of 

conducting abatement activities: 

[List species’ common and scientific 

names.] 

All raptors must be captive-bred and 

must be marked on the metatarsus with 

a seamless numbered band issued by the 

U.S. Fish and Wildlife Service. 

E. You may not take species protected 

under the MBTA unless such take is 

authorized under a Federal depredation 

order or a Federal depredation permit 

identifying you as a subpermittee. You 

do not need a Federal permit to flush or 

haze depredating birds, other than 

endangered or threatened species or 

bald and golden eagles. You do not need 

a Federal depredation permit to take 

species that the MBTA does not protect. 

F. Under this permit, you may use a 

raptor held under your falconry permit 

for abatement. However, you may use a 

raptor held under this abatement permit 

for falconry only if it is transferred from 

your abatement permit to your falconry 

permit. If you use raptors to take 

depredating game birds in the context of 

falconry rather than abatement, you 

must comply with all applicable seasons 

and bag limits and may do so only in 

areas where the practice of falconry is 

authorized. 

G. Subpermittees: Persons under your 

direct control or employed by you, or 

under contract to you for purposes 

authorized by this permit, may carry out 

the permitted activities provided they 

are, or have been, a General or Master 

Falconer (in accordance with 50 CFR 

21.28). 

H. You must submit FWS Form 3–

186A (Migratory Bird Acquisition and 

Disposition Report) completed in 

accordance with the instructions on the 

form for each acquisition and 

disposition of a raptor. 

I. If your raptor takes a migratory bird 

in the course of conducting abatement 

activities and that take is not authorized 

by a depredation permit or a 

depredation order, the bird must be left 

in the field, though the raptor may be 

allowed to feed on it in the field. 

J. All facilities and equipment must 

meet standards described in 50 CFR 

21.29, and all birds must be maintained 

under humane and healthful conditions 

at all times. 

K. Acceptance of this permit 

authorizes us to inspect in accordance 

with 50 CFR 13.47. 

Public Comments 

Please submit comments to one of the 

addresses listed above in ADDRESSES. If 

you mail a comment, it must be on 81⁄2- 

inch-by-11-inch paper. Before including 

your address, telephone number, e-mail 

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 us in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. You may inspect comments by 

appointment during normal business 

hours at the address in ADDRESSES. 

Authority: The Migratory Bird Treaty Act, 

16 U.S.C. 703–712. 

Dated: December 20, 2006. 

David M. Verhey, 

Assistant Secretary, Fish and Wildlife. 

[FR Doc. E7–353 Filed 1–11–07; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[NV–010–5870–EU; N–77382; 7–08807] 

Notice of Realty Action: Direct (NonCompetitive) Sale of Reversionary 

Interest, Elko County, NV 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of realty action, sale and 

release of reversionary interest in public 

land in West Wendover, Nevada. 

SUMMARY: Reversionary interest held by 

the United States in the lands described 

in the Supplementary Information 

below has been determined suitable for 

direct sale and release to the City of 

West Wendover, Nevada, under the 

authority of Section 203 of the Federal 

Land Policy and Management Act of 

October 21, 1976 (FLPMA) (43 

U.S.C.1713). 

The lands are currently patented by 

the City of West Wendover, Nevada, but 

the purposes for which the land can be 

used is restricted by a reversionary 

clause in the patent under which the 

land was conveyed by the United States. 

DATES: Comments regarding the 

proposed sale, and other pertinent 

documents, must be received by the 

Bureau of Land Management (BLM) on 

or before February 26, 2007. 

ADDRESSES: Elko Field Office, Bureau of 

Land Management, 3900 E. Idaho St., 

Elko, NV 89801. More detailed 

information regarding the proposed sale 

and the land involved may be reviewed 

during normal business hours (7:30 a.m. 

to 4:30 p.m.) at the Elko Field Office. 

FOR FURTHER INFORMATION CONTACT: 

Cathie Jensen, Supervisory Realty 

Specialist, at the above address, or (775) 

753–0230 or by e-mail at 

Cathie_Jensen@BLM.GOV. 

SUPPLEMENTARY INFORMATION: The 

purpose of the sale of the reversionary 

interests in the land is so the land, 

patented to the City of West Wendover, 

can be used for the purposes which will 

be the best and highest uses of the land 

and best meet the needs of the City of 

West Wendover without the threat of a 

reversion of the title for breach of patent 

conditions. The lands are not needed for 

Federal purposes and the United States 

has no present interest in the property. 

The action is consistent with Federal, 

state and local planning and zoning. 

The reversionary interest in this land 

will be offered by direct sale and release 

to the City of West Wendover for Fair 

Market Value which is $1,600,000.00. 

The reversionary interest in these lands 


rmajette on PROD1PC67 with NOTICES
1558 Federal Register / Vol. 72, No. 8 / Friday, January 12, 2007 / Notices 

will not be offered for sale and release 

until 60 days after this notice. 

The release, when issued, will be for 

the reversionary interest only. All other 

terms and conditions of the Patent No. 

27–2003–0001 will continue to apply to 

the lands involved. For a period of 45 

days following the publication of this 

notice in the Federal Register, 

interested parties may submit comments 

regarding the proposed conveyance or 

classification of the lands to the Elko 

Field Manager, at the above address. In 

the absence of timely objections, this 

proposal shall become the final decision 

of the Department of the Interior. 

Pursuant to the terms and conditions 

of a patent dated October 28, 2002 

issued pursuant to the Recreation and 

Public Purpose (R&PP) Act, as amended 

(43 U.S.C. 869–869–4), the United States 

retained and continues to hold a 

reversionary interest in the above 

described land. The City of West 

Wendover, Nevada proposes to change 

the use of the 81.065 acre parcel, from 

solely municipal and recreational use, 

to include commercial privately owned 

property to accommodate community 

expansion and commercial 

development. If the City of West 

Wendover, Nevada desires to transfer 

the title to, or control over, the land to 

a ‘‘for profit’’ entity, or if the land is 

devoted to a ‘‘for profit’’ use, the land 

(ownership), as stated in the Act, would 

revert to the United States because such 

would be inconsistent with the R&PP 

Act (43 U.S.C. 869–2(a)). 

The City desires to change the use and 

control of the 81.065 acre parcel, from 

solely municipal and recreational use, 

to include commercial property to 

accommodate community expansion 

and commercial development. The City 

currently uses the land for fire station, 

police station, recreational ball field and 

park purposes which are appropriate 

uses under the R&PP Act. Direct sale 

procedures to the City are considered 

appropriate, in this case, as the 81.065 

acre parcel of land described above has 

been patented to the City, and transfer 

of the Federal reversionary interest, if it 

were sanctioned, to any other entity 

would not protect existing equities of 

West Wendover, Nevada in the land. 

The sale would be conducted under the 

provisions found at 43 CFR 2711.3.3 

(a)(1) and (2) for direct sales which state 

the following: Direct sales (without 

competition) may be utilized, when in 

the opinion of the authorized officer, a 

competitive sale is not appropriate and 

the public interest would best be served 

by a direct sale. Examples are, but are 

not limited to,: (1) A tract identified for 

transfer to State or local government or 

nonprofit organization; or (2) A tract 

identified for sale that is an integral part 

of a project or public importance and 

speculative bidding would jeopardize a 

timely completion and economic 

viability of the project. The purpose of 

the sale is so that the land may be used 

for the purposes which, in the opinion 

of the authorized officer, will be the best 

and highest uses of the land and best 

meet the needs of the City without the 

threat of a reversion of the title to the 

United States for violation of patent 

conditions. The sale is consistent with 

current BLM land use planning for the 

area. 

Consequently, the City of West 

Wendover, Nevada has applied to the 

BLM to be released from the reverter by 

the purchase thereof pursuant to section 

203 of the Federal Land Policy and 

Management Act of 1976 (Pub. L. 94–

579), 43 U.S.C. 1713, and 43 CFR 

2711.3.3 (a)(1). The reverter is identified 

as the R&PP Act reversionary interest of 

the United States in patent 27–2003–

0001, pertaining to particular parcels 

described as follows: 

Mount Diablo Meridian, Nevada 

T. 33 N., R. 70 E., 

Section 16, lots 1, 4, 6, and 11; 

S1⁄2SW1⁄4NE1⁄4NE1⁄4, 

S1⁄2SE1⁄4SW1⁄4SW1⁄4NE1⁄4, 

NE1⁄4SW1⁄4SE1⁄4SW1⁄4NE1⁄4, 

S1⁄2SW1⁄4SE1⁄4SW1⁄4NE1⁄4, and 

SE1⁄4SE1⁄4SW1⁄4NE1⁄4. 

Containing 81.065 acres, more or less. 

The City of West Wendover, Nevada 

would pay the fair market value of the 

reverter in the sum of $1,600,000.00, as 

determined by the BLM authorized 

officer having taken into account an 

appraisal, conducted in accordance with 

the applicable appraisal standards and 

that assumed the land, as patented 

pursuant to the R&PP Act, to be free and 

clear of the outstanding reversionary 

interest now held by the United States. 

The reversionary interest is being 

offered for non-competitive (direct) sale 

and release to the City of West 

Wendover, Nevada, in accordance with 

the criterion prescribed in 43 CFR 

2711.3–3(a)(1), namely, that the public 

interest would best be served by the sale 

and release to the local government. 

Authority for the sale and release of the 

reversionary interest is Section 203 of 

the Federal Land Policy and 

Management Act of October 21, 1976 

(FLPMA) (43 U.S.C. 1713). 

Direct sale procedures to the City of 

West Wendover, Nevada are considered 

appropriate, in this case, as the 81.065 

acre parcel of land described above was 

patented previously to the City of West 

Wendover, Nevada, and transfer of the 

Federal reversionary interest, if it were 

sanctioned, to any other entity would 

not protect existing equities of the City 

of West Wendover, Nevada in the land. 

The direct sale is consistent with 

current BLM land use planning for the 

area. Currently the land involved is 

classified for lease/conveyance pursuant 

to the R&PP Act. Thus classification 

remains to be terminated effective prior 

to direct sale. 

The release of the reversionary 

interest of the 81.065 acres will be made 

subject to the provisions of the Federal 

Land Policy and Management Act, the 

applicable regulations of the Secretary 

of the Interior, all valid existing rights, 

and the following: 

1. A right-of-way for ditches or canals 

by the authority of the United States 

pursuant to the Act of August 30, 1890 

(43 U.S.C. 945); 

2. The terms and conditions of the 

United States patent 27–2003–0001, 

including but not limited to all mineral 

deposits in the land so patented, and to 

it, or persons authorized by it, the right 

to prospect for, mine, and remove such 

deposits from the same under applicable 

law regulations to be established by the 

Secretary of the Interior; 

3. Those rights for federal highway 

purposes which have been reserved to 

the Federal Highway Administration, its 

successors and assigns, by right-of-way 

no. N–45133, pursuant to the section 

501 of FLPMA (43 U.S.C. 1761); and N–

57341. 

4. Those rights for federal highway 

purposes which have been granted to 

the State of Nevada Department of 

Transportation, its successors and 

assigns, by right-of-way No. N–041037, 

pursuant to the Act of November 9, 1921 

(042 Sat. 0261). 

5. A right-of-way for railroad purposes 

granted to Union Pacific Railroad 

Company, its successors and assigns, by 

right-of-way No. CC–005090, pursuant 

to the Act of March 3, 1875 (18 Stat. 

482, 43 U.S.C. 934–939). 

6. Those rights for telephone line 

purposes which have been granted to 

Citizens Communications Company, its 

successors and assigns, by right-of-way. 

No. CC–01089A and N–61184, pursuant 

to section 501 of FLPMA (43 

U.S.C.1761); 

7. Those rights for telephone line 

purposes which have been granted to 

Beehive Telephone Company, Inc., its 

successors and assigns, by right-of-way 

No. E–001655 and N–47793, pursuant to 

section 501 of FLPMA (43 U.S.C. 1761); 

8. Those rights for power line 

purposes which have been granted to 

Wells Rural Electric, its successors and 

assigns, by rights-of -way Nos. N–39920, 

N–53135, and N–61064, pursuant to 

section 501 of FLPMA (43 U.S.C. 1761); 


rmajette on PROD1PC67 with NOTICES
Federal Register / Vol. 72, No. 8 / Friday, January 12, 2007 / Notices 1559 

9. Those rights for fiber optic cable 

purposes which have been granted to 

Sprint Communications Company, LP, 

its successors and assigns, by right-ofway No. N–42787, pursuant to section 

501 of FLPMA; 

10. Those rights for access road 

purposes which have been granted to 

Chevron USA, Inc., its successors and 

assigns, by right-of-way No. N–48016, 

pursuant to section 501 of FLPMA. 

11. The purchaser, by accepting the 

release of the reversionary interest of the 

United States agrees to indemnify, 

defend, and hold the United States, its 

officers, agents or employees harmless 

from any costs, damages, claims, causes 

of action, penalties, fines, liabilities, and 

judgments of any kind arising from the 

past, present or future acts or omissions 

of the purchaser, its employees, agents, 

contractors, or lessees, or third-party 

arising out of or in connection with the 

purchaser’s acceptance of the 

aforementioned release or purchaser’s 

use and/or occupancy of the land 

involved resulting in: (1) Violations of 

Federal, State, and local laws and 

regulations that are now, or in the future 

become, applicable to real property; (2) 

Judgments, claims or demands of any 

kind assessed against the United States; 

(3) Cost, expenses, or damages of any 

kind incurred by the United States; (4) 

Releases or threatened releases of solid 

or hazardous waste(s) and/or hazardous 

substances(s), as defined by Federal or 

State environmental laws, off, on, into 

or under land, property, and other 

interests of the United States; (5) Other 

activities by which solids or hazardous 

substances or wastes, as defined by 

Federal and State environmental laws 

are generated, released, stored, used, or 

otherwise disposed of on the land 

involved, and any cleanup, response, 

remedial action or other actions related 

in any manner to said solid or 

hazardous substances or wastes; or (6) 

Natural resource damages as defined by 

Federal and State law. Patentee shall 

stipulate that it will be solely 

responsible for compliance with all 

applicable Federal, State, and local 

environmental and regulatory 

provisions, throughout the life of the 

facility, including any closure and/or 

post-closure requirements that may be 

imposed with respect to any physical 

plant and/or facility upon the land 

involved under any Federal, state, or 

local environmental laws or regulatory 

provisions. This covenant shall be 

construed as running with the land and 

may be enforced by the United States in 

a court of competent jurisdiction. 

No warranty of any kind, express or 

implied, is given by the United States in 

connection of the sale or release of the 

reversionary interest. The 

Documentation of Land Use 

Conformance and National 

Environmental Policy Adequacy, map, 

and approved appraisal report covering 

the proposed sale, are available for 

review at the BLM, Elko Field Office at 

the address above. 

For a period until February 26, 2007, 

interested parties may submit written 

comments to the Elko Field Office 

Manager at the above address. 

Facsimiles, telephone calls, and 

electronic mail will not be considered 

acceptable submissions by the 

authorized officer. Any adverse written 

comments will be reviewed by the State 

Director, who may sustain, vacate, or 

modify this proposed realty action and 

issue a final determination. In the 

absence of timely field objections this 

realty action will become the final 

determination of the Department of the 

Interior. Any written comments 

received during this process, as well as 

the commenter’s name and address, will 

be available to the public in the 

administrative record and/or pursuant 

to a Freedom of Information Act request. 

You may indicate for the record that you 

do not wish to have your name and/or 

address made available to the public. 

Any determination by the BLM to 

release or withhold the names and/or 

address of those who comment will be 

made on a case-by-case basis. A request 

from a commenter to have their name/ 

or address withheld from public release 

will be honored to the extent 

permissible by the law. The 

reversionary interest will not be offered 

for sale and release until March 13, 

2007. 

Authority: ( 43 CFR 2711.1–2). 

Dated: January 5, 2007. 

Helen Hankins, 

Elko Field Manager. 

[FR Doc. E7–429 Filed 1–11–07; 8:45 am] 

BILLING CODE 4310–HC–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

Notice of Proposed Information 

Collection for 1029–0115, 1029–0116 

and 1029–0117 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Notice and request for 

comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, the 

Office of Surface Mining Reclamation 

and Enforcement (OSM) is announcing 

that the information collection requests 

for 30 CFR Part 773 (Requirements for 

permits and permit processing), Part 774 

(Revision; Renewal; and Transfer, 

Assignment, or Sale of Permit Rights), 

and Part 778 (Permit Applications—

Minimum Requirements for Legal, 

Financial, Compliance, and Related 

Information) have been forwarded to the 

Office of Management and Budget 

(OMB) for review and reauthorization. 

The information collection packages 

were previously approved and assigned 

clearance numbers 1029–0115 for 30 

CFR Part 773, 1029–0116 for 30 CFR 

Part 774, and 1029–0117 for 30 CFR Part 

778. This notice describes the nature of 

the information collection activities and 

the expected burdens. 

DATES: OMB has up to 60 days to 

approve or disapprove the information 

collection but may respond after 30 

days. Therefore, public comments 

should be submitted to OMB by 

February 12, 2007, in order to be 

assured of consideration. 

ADDRESSES: Submit comments to the 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, Attention: Department of 

Interior Desk Officer, by telefax at (202) 

395–6566 or via e-mail to 

OIRA_Docket@omb.eop. Also, please 

send a copy of your comments to John 

A. Trelease, Office of Surface Mining 

Reclamation and enforcement, 1951 

Constitution Ave., NW., Room 202–SIB, 

Washington, DC 20240, or electronically 

to jtrelease@osmre.gov. 

FOR FURTHER INFORMATION CONTACT: To 

receive a copy of the information 

collection requests and explanatory 

information, contact John A. Trelease at 

(202) 208–2783, or electronically at 

jtrelease@osmre.gov. You may also 

review the information collection 

requests online at http:// 

www.reginfo.gov. Follow the 

instructions to review Department of the 

Interior collections under review by 

OMB. 

SUPPLEMENTARY INFORMATION: OMB 

regulations at 5 CFR 1320, which 

implement provisions of the Paperwork 

Reduction Act of 1995 (Pub. L. 104–13), 

require that interested members of the 

public and affected agencies have an 

opportunity to comment on information 

collection and recordkeeping activities 

[see 5 CFR 1320.8(d)]. OSM has 

submitted requests to OMB to renew its 

approval for the collections of 

information for 30 CFR Part 773 

(Requirements for permits and permit 

processing), Part 774 (Revision; 

Renewal; and Transfer, Assignment, or 

Sale of Permit Rights), and Part 778 

(Permit Applications—Minimum 


rmajette on PROD1PC67 with NOTICES