Federal Register / Vol. 75, No. 92 / Thursday, May 13, 2010 / Notices 26991 

Response to Recommendations 

9 a.m.—Program Updates 

Gathers 

Adoptions 

Budget 

Facility and Pipeline Reports 

Break—(9:45 a.m.–10 a.m.) 

10 a.m.—Program Updates (continued) 

Lunch—(11:45 a.m.–1 p.m.) 

1 p.m.—New Business 

Break—(2:45 p.m.–3 p.m.) 

3 p.m.—Public Comments 

4 p.m.—Board Recommendations 

4:45 p.m.—Recap/Summary/Next 

Meeting/Date/Site 

5 p.m.—Adjourn 

The meeting site is accessible to 

individuals with disabilities. An 

individual with a disability needing an 

auxiliary aid or service to participate in 

the meeting, such as an interpreting 

service, assistive listening device, or 

materials in an alternate format, must 

notify the person listed under FOR

FURTHER INFORMATION CONTACT two 

weeks before the scheduled meeting 

date. Although the BLM will attempt to 

meet a request received after that date, 

the requested auxiliary aid or service 

may not be available because of 

insufficient time to arrange it. 

The Federal Advisory Committee 

Management Regulations [41 CFR 101– 

6.1015(b),] require BLM to publish in 

the Federal Register notice of a meeting 

15 days prior to the meeting date. 

III. Public Comment Procedures 

On Monday, June 14, 2010, members 

of the public will have an opportunity 

for participation throughout the day. On 

Tuesday, June 15, 2010, the public may 

make oral statements to the Advisory 

Board at the appropriate point in the 

agenda. This opportunity is anticipated 

to occur at 3 p.m., local time. Persons 

wishing to make statements during the 

Tuesday meeting should register with 

the BLM by noon on June 15, 2010 at 

the meeting location. Depending on the 

number of speakers, the Advisory Board 

may limit the length of presentations. At 

previous meetings, presentations have 

been limited to three minutes in length, 

however this time may vary. Speakers 

should address the specific wild horse 

and burro-related topics listed on the 

agenda. Speakers must submit a written 

copy of their statement to the address 

listed in the ADDRESSES section or bring 

a written copy to the meeting. 

Participation in the Advisory Board 

meeting is not a prerequisite for 

submission of written comments. The 

BLM invites written comments from all 

interested parties. Your written 

comments should be specific and 

explain the reason for any 

recommendation. The BLM appreciates 

any and all comments, but those most 

useful and likely to influence decisions 

on management and protection of wild 

horses and burros are those that are 

either supported by quantitative 

information or studies or those that 

include citations to and analysis of 

applicable laws and regulations. Except 

for comments provided in electronic 

format, speakers should submit two 

copies of their written comments where 

feasible. The BLM will not necessarily 

consider comments received after the 

time indicated under the DATES section 

or at locations other than that listed in 

the ADDRESSES section. 

In the event there is a request under 

the Freedom of Information Act (FOIA) 

for a copy of your comments, the BLM 

will make them available in their 

entirety, including your name and 

address. Before including your address, 

phone 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. The BLM will release all 

submissions from organizations or 

businesses, and from individuals 

identifying themselves as 

representatives or officials of 

organizations or businesses, in their 

entirety, including names and 

addresses. 

Edwin L. Roberson, 

Assistant Director, Renewable Resources and 

Planning. 

[FR Doc. 2010–11351 Filed 5–12–10; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLOR050000, L58740000 EU0000, 

LXSS058H0000; HAG–10–0044] 

Notice of Realty Action; Competitive 

Sale of Public Land in Deschutes 

County, Oregon 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of realty action. 

SUMMARY: This notice announces a 

comment period and proposed sale of 

five parcels of public land totaling 640 

acres located in Deschutes County, 

Oregon, at not less than the appraised 

market value through competitive 

bidding. The sale will be conducted by 

the United States General Services 

Administration (GSA) as an online 

auction, at GSA’s Web site http:// 

www.auctionrp.com. 

DATES: This notice initiates the public 

comment period and any person may 

submit written comments regarding the 

proposed sale. All comments must be 

received on or before June 28, 2010. 

Comments must reference a specific 

parcel number and the applicable 

Bureau of Land Management (BLM) 

serial number. 

ADDRESSES: Address all written 

comments to Molly Brown, Deschutes 

Field Manager, BLM Prineville District 

Office, 3050 East Third Street, 

Prineville, Oregon 97754. Only written 

comments submitted through the U.S. 

Postal Service or other delivery service, 

or hand-delivered to the BLM Prineville 

District Office will be considered 

properly filed. Electronic mail, 

facsimile, or telephone comments will 

not be considered properly filed. 

FOR FURTHER INFORMATION CONTACT: 

Philip Paterno, BLM Realty Specialist, 

at (541) 416–6724, or by e-mail, 

(or_land_sale@blm.gov). Detailed 

information regarding the five parcels 

can be found at the BLM Web site: 

http://www.blm.gov/or/districts/ 

prineville/plans/fltfa.php. 

SUPPLEMENTARY INFORMATION: The 

following described public land parcels 

have been identified for disposal in the 

BLM Brothers-La Pine Resource 

Management Plan (RMP) and Record of 

Decision (ROD) dated July 1989, and in 

the BLM Upper Deschutes RMP and 

ROD dated September 2005. The parcels 

are proposed for sale under Sections 203 

and 209 of the Federal Land Policy and 

Management Act (FLPMA) of 1976 (90 

Stat. 2750, 43 U.S.C. 1713 and 1719). 

The sales will include all mineral 

interests of the United States since a 

determination of no known mineral 

value has been made based on an 

approved mineral report. The 

conveyance document will be issued 

subject to all valid existing rights and 

reservations of record. The parcels will 

be sold by competitive sale at not less 

than the appraised market value, as 

approved by the Department of the 

Interior, Appraisal Services Directorate. 

The properties are described as follows 

and include the appurtenant 

encumbrances: 

Parcel 1, La Pine, 120 acres, BLM 

Serial Number OR–65290, Willamette 

Meridian, Oregon, T. 21 S., R. 10 E., 

Section 34, SW1⁄4SE1⁄4, E1⁄2SE1⁄4; 

TL4400. The address for this timbered 

parcel is 52450 Meadow Lane, La Pine. 

It has a county-approved partition plat 

and is recognized by the county as a 

legal lot of record with permitted access 


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26992 Federal Register / Vol. 75, No. 92 / Thursday, May 13, 2010 / Notices 

to the adjacent county road. It has 

county approval for an onsite 

wastewater treatment system and is 

zoned by the county for residential 

development. This parcel is in a rural 

residential neighborhood near the 

community of La Pine with paved, 

county road frontage on two sides and 

utilities along the property lines. 

Encumbrances include rights-of-way to: 

(1) Deschutes County for Burgess Road 

and Meadow Lane serialized OR–51362; 

(2) Mid-State Electric Cooperative, Inc. 

for aerial electric distribution lines 

serialized OR–66111; and (3) Qwest 

Corporation for buried telephone cable 

serialized OR–66112. 

Parcel 2, La Pine, 80 acres, BLM Serial 

Number OR–65330, Willamette 

Meridian, Oregon, T. 21 S., R. 10 E., 

Section 33, W1⁄2SE1⁄4; TL 4000. This 

timbered property is zoned by the 

county as Forestry, F–2. It is recognized 

by the county as a legal lot of record 

with potential for development. This 

parcel is in a rural residential 

neighborhood near the community of La 

Pine with legal access provided by 

county roads and utilities to the 

property line. 

Parcel 3, Bend North, 40 acres, BLM 

Serial Number OR–65379, Willamette 

Meridian, Oregon, T. 16 S., R. 12 E., 

Section 34, SE1⁄4NE1⁄4; TL 100. This 

parcel is recognized by the county as a 

legal lot of record with potential for 

development. Encumbrances include 

rights-of-way to: (1) The Burlington 

Northern Santa Fe Railway Company, 

authorized by the Act of March 3, 1875, 

serialized TD–05864; (2) Pilot Butte 

Irrigation District (currently the Central 

Oregon Irrigation District) for an 

irrigation canal right-of-way, serialized 

TD–02036; (3) Pacific Power for a 

115KV electrical transmission line 

serialized OR–17337; (4) Quantum 

Communications, LLC, for an 

underground fiber optic cable serialized 

OR–54822; and, (5) an Easement Deed to 

the Oregon Department of 

Transportation for Highway 97 

serialized OR–45850. 

Parcel 4, Redmond, Yucca Avenue, 80 

acres, BLM Serial Number OR–65343, 

Willamette Meridian, Oregon, T. 14 S., 

R. 12 E., Section 34, E1⁄2SE1⁄4; TL 4100. 

This parcel is recognized by the county 

as a legal lot of record with potential for 

development. There is county road 

frontage along Yucca Avenue with the 

south right-of-way line coincident with 

the north line of this property. 

Northwest (NW) 83rd Street was 

dedicated to the public as a 60-footwide right-of-way and has been 

accepted as a public road. According to 

the County Surveyors’ Office, the west 

right-of-way line of NW 83rd may be 

coincident with the east line of the 

subject tax lot, depending on the 

interpretation of the original deed. 

Parcel 5, West Redmond, 320 acres, 

BLM Serial Number OR–65758, 

Willamette Meridian, Oregon, T. 15 S., 

R. 12 E., Section 2, SW1⁄4NE1/4, 

N1⁄2SW1⁄4, SW1⁄4SW1⁄4; T. 15 S., R. 12 E., 

Section 3, SE1⁄4NW1⁄4, N1⁄2SE1⁄4; T. 15 

S., R. 12 E., Section 11, NW1⁄4NW1⁄4. 

This parcel is recognized by the county 

as a legal lot of record with potential for 

development. The property has paved 

county road frontage in three locations 

and is adjacent to rural residential and 

agricultural areas. It is characterized as 

mature, juniper woodland offering 

panoramic mountain vistas. 

Encumbrances include rights-of-way to: 

(1) Deschutes County for Tetherow Road 

or 74th Street, serialized OR–51362; (2) 

Central Electric Cooperative, Inc. for a 

power line adjacent to Tetherow Road 

serialized OR–45343. 

No representation, warranty, or 

covenant of any kind, express or 

implied, is given or made by the United 

States as to access to or from any parcel 

of land, the title, whether or to what 

extent the land may be developed, its 

physical condition, present or potential 

uses, or any other circumstance or 

condition. All persons, other than the 

successful bidders, claiming to own 

unauthorized improvements on the land 

are allowed 60 days from the date of 

sale to remove the improvements. The 

following rights, reservations, and 

conditions will be included in all of the 

conveyance documents for the subject 

parcels: 

a. A right-of-way for ditches and 

canals constructed by authority of the 

United States pursuant to the Act of 

August 30, 1890 (43 U.S.C. 945); 

b. A condition that the conveyance be 

subject to all valid existing rights of 

record; 

c. The purchaser/patentee, by 

accepting a patent, covenant and agree 

to indemnify, defend, and hold the 

United States harmless from any costs, 

damages, claims, causes of action, 

penalties, fines, liabilities, and 

judgments of any kind or nature arising 

from the past, present, and future acts 

or omissions of the patentee or their 

employees, agents, contractors, or 

lessees, or any third party, arising out of 

or in connection with the patentees’ use, 

occupancy, or operations on the 

patented real property. This 

indemnification and hold harmless 

agreement includes, but is not limited 

to, acts and omissions of the patentee 

and their employees, agents, 

contractors, or lessees, or any third 

party, arising out of or in connection 

with the use and/or occupancy of the 

patented real property which has 

already resulted or does hereafter result 

in: (1) Violations of Federal, State, and 

local laws and regulations that are now 

or may in the future become, applicable 

to the real property; (2) Judgments, 

claims, or demands of any kind assessed 

against the United States; (3) Costs, 

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) 

Activities by which solid waste or 

hazardous substances or waste, as 

defined by Federal and State 

environmental laws are generated, 

released, stored, used or otherwise 

disposed of on the patented real 

property, 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. This covenant 

shall be construed as running with the 

parcels of land patented or otherwise 

conveyed by the United States, and may 

be enforced by the United States in a 

court of competent jurisdiction; and 

d. Additional terms and conditions 

that the authorized officer deems 

appropriate. On May 13, 2010, the 

above-described lands will be 

segregated from all forms of 

appropriation under the public land 

laws, including the mining laws, except 

the sale provisions of FLPMA. Until 

completion of the sale or termination of 

the segregation, the BLM is no longer 

accepting land use applications 

affecting the identified public lands, 

except applications for the amendment 

of previously filed rights-of-way 

applications or existing authorizations 

to increase the term of the grants in 

accordance with 43 CFR 2807.15 and 

2886.15. The segregative effect will 

terminate upon issuance of a patent, 

publication in the Federal Register of a 

termination of the segregation, or May 

14, 2012, unless extended by the BLM 

Oregon/Washington State Director in 

accordance with 43 CFR 2711.1–2(d) 

prior to the termination date. 

Federal law requires that public land 

be sold only to either: (1) Citizens of the 

United States 18 years of age or older; 

(2) corporations subject to the laws of 

any State or the United States; (3) other 

entities such as associations and 

partnerships capable of holding lands or 

interests therein under the laws of the 

State within which the lands are 

located; or (4) States, State 

instrumentalities, or political 


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Federal Register / Vol. 75, No. 92 / Thursday, May 13, 2010 / Notices 26993 

1Moreover, in its Prehearing Statement, the 

Government notified Respondent that it intended to 

litigate the question of whether Respondent had 

also materially falsified his March 10, 2005 

application for registration by failing to disclose 

that on August 18, 1999, he had entered into a 

Consent Order with the Louisiana State Board of 

Medical Examiners, which placed his medical 

license on probation for a five year period. ALJ Ex. 

4, at 3, 6–7. 

2The ALJ did not make any findings as to 

whether the Government’s attempts to serve 

Respondent were constitutionally adequate, the 

date when service was initially attempted, and/or 

whether Respondent had shown good cause for 

failing to timely file. 

subdivisions authorized to hold 

property. Certifications and evidence to 

this effect will be required of the 

purchaser prior to issuance of 

conveyance documents. 

A successful bid on a parcel 

constitutes an application for 

conveyance of those mineral interests 

offered under the authority of Section 

209(b) of the FLPMA. In addition to the 

full purchase price, a non-refundable fee 

of $50 will be required from the 

prospective purchaser for purchase of 

the mineral interests to be conveyed 

simultaneously with the sale of the 

land. 

The FLPMA and its implementing 

regulations (43 CFR subpart 2710) 

provide that competitive bidding will be 

the general method of selling public 

lands. The parcels will be sold through 

an on-line auction conducted by the 

GSA. The auction will begin on or about 

July 12, 2010, via the GSA auction Web 

site http://www.auctionrp.com. A copy 

of the maps and the Invitation for Bid 

(IFB) package will be available at the 

BLM Web site http://www.blm.gov/or/ 

districts/prineville/plans/fltfa.php. The 

IFB contains property information, 

bidding instructions, bidder 

qualifications, minimum bid values, bid 

forms, required bid deposits, and other 

sale terms. Copies of the IFB will also 

be available at the BLM Prineville 

District Office, 3050 NE Third Street, 

Prineville, Oregon. The bid closing date 

will be determined by bidding activity. 

If parcels are not sold using the on-line 

Web-based auction, a notice may be 

posted on the GSA Web site, http:// 

www.auctionrp.com, directing 

interested parties to an alternative 

bidding procedure. The parcels will not 

be sold until at least July 12, 2010. 

Comments, including names, street 

addresses, and other contact 

information of respondents will be 

available for public review during 

regular business hours at the address 

below. Before including your address, 

phone 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. 

Comments will be reviewed by the 

BLM Prineville District Manager, who 

may sustain, vacate, or modify this 

realty action. In the absence of any 

objections, this realty action will 

become the final determination of the 

Department of the Interior. 

Deborah Henderson-Norton, 

District Manager. 

Authority: 43 CFR 2711.1–2. 

[FR Doc. 2010–11483 Filed 5–12–10; 8:45 am] 

BILLING CODE 4310–33–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. 09–6] 

Alvin Darby, M.D.; Denial of 

Application 

On June 25, 2008, the Deputy 

Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration, issued an Order to 

Show Cause to Alvin Darby, M.D. 

(Respondent), of Gretna, Louisiana. The 

Show Cause Order proposed the denial 

of Respondent’s pending application for 

a DEA Certificate of Registration as a 

practitioner on multiple grounds. ALJ 

Ex. 1, at 1 (citing 21 U.S.C. 823(f) and 

824(a)(1) and (2)). 

First, the Government alleged that on 

April 1, 1998, Respondent had pled 

guilty in the Criminal Court for Orleans 

Parish, Louisiana to one felony count of 

possession of cocaine and one 

misdemeanor county of carrying a 

concealed weapon. Id. The Order 

further alleged that Respondent 

‘‘materially falsified’’ his application ‘‘by 

failing to disclose [his] * * * felony 

conviction related to controlled 

substances.’’ Id. at 2. 

Next, the Show Cause Order alleged 

that ‘‘[o]n three separate occasions 

between May 13, and June 24, 2003, 

[Respondent] issued prescriptions for 

hydrocodone ([a] schedule III controlled 

substance) [and] alprazolam ([a] 

schedule IV controlled substance),’’ to 

an undercover agent in exchange for 

cash, and that the prescriptions lacked 

a ‘‘legitimate medical purpose’’ and were 

issued outside of the ‘‘usual course of 

professional practice.’’ Id. at 1. Finally, 

the Show Cause Order alleged that 

Respondent ‘‘committed numerous 

recordkeeping violations under [his] 

previous * * * registration,’’ which he 

had surrendered for cause, including 

that: (1) He had ‘‘fail[ed] to take a[n] 

initial inventory of stocks of controlled 

substances,’’ (2) he had ‘‘fail[ed] to take 

and maintain a biennial inventory,’’ and 

(3) he had failed to ‘‘maintain records of 

controlled substances [which he] 

dispensed.’’ Id. at 2 (citing 21 CFR 

1304.11(b), 1304.11(c), 1304.22(c)).1

By letter of October 21, 2008, 

Respondent’s counsel requested a 

hearing on the allegations. ALJ Ex. 2, at 

2. According to Respondent, he did not 

receive the Show Cause Order ‘‘in a 

timely manner because the notice was 

delivered to an old address.’’ Id. 

Respondent further maintained that he 

‘‘was notified via facsimile on 

September 22, 2008 that he has an 

opportunity to show cause as to why’’ 

his application should not be denied 

and therefore ‘‘request[ed] the 

opportunity to be heard.’’ Id. The 

Government did not object to granting 

Respondent a hearing.2

The case was then assigned to an 

agency Administrative Law Judge (ALJ), 

who conducted a hearing on July 14 and 

15, 2009, in New Orleans, Louisiana. At 

the hearing, both parties called 

witnesses and introduced documentary 

evidence. After the hearing, both parties 

submitted briefs containing their 

proposed findings of facts, conclusions 

of law, and argument. 

On September 10, 2009, the ALJ 

issued his Recommended Decision 

(hereinafter, also ALJ). Therein, the ALJ 

found that ‘‘the credible evidence clearly 

establishes that Respondent prepared 

and submitted an application that 

falsely indicated that he had never been 

convicted of a crime in connection with 

a controlled substance and that he had 

never had a state professional license 

placed on probation.’’ ALJ at 23. The 

ALJ further found that the falsification 

was material as it ‘‘had the capacity to 

influence DEA’s decision on the 

application’’ and, second, that the 

Government ‘‘ha[d] clearly established a 

prima facie case for the denial of 

Respondent’s application based solely 

on the material falsifications contained 

in [Respondent’s] application.’’ Id. at 24. 

The ALJ then addressed the ‘‘the 

public interest’’ factors under 21 U.S.C. 

823(f). As for factor one (the 

recommendation of the state licensing 

board), the ALJ noted that the Board had 

restored Respondent’s medical license. 

ALJ at 26–27. However, he further noted 


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