Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices 55349 

the subject lands, including any 

required dedication of lands for public 

uses. It is also the buyer’s responsibility 

to be aware of existing or projected uses 

of nearby properties. When conveyed 

out of Federal ownership, the land will 

be subject to any applicable reviews and 

approvals by the respective unit of local 

government for proposed future uses, 

and any review and approvals will be 

responsibility of the buyer. Any land 

lacking access from a public road or 

highway will be conveyed as such, and 

future access acquisition will be the 

responsibility of the buyer. Information 

concerning the sale including the 

reservations, sale procedures, and 

conditions, CERCLA and other 

environmental documents will be 

available for review at the BLM 

Farmington Field Office. The general 

public and interested parties may 

submit comments regarding the 

proposed sale to the attention of the 

BLM Farmington Field Manager on or 

before October 25, 2010. Any adverse 

comments regarding the proposed sale 

will be reviewed by the BLM New 

Mexico State Director or other 

authorized official of the Department of 

the Interior, who may sustain, vacate, or 

modify this realty action in whole or in 

part. 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. 

Authority: 43 CFR 2711.1–2. 

William Merhege, 

Acting Deputy State Director, Resources. 

[FR Doc. 2010–22612 Filed 9–9–10; 8:45 am] 

BILLING CODE 4310–VB–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLNMF0100 L5874000.EU, LXSS041G0000; 

NMNM 121548] 

Notice of Realty Action: Modified 

Competitive Sealed Bid Sale of Public 

Lands in Rio Arriba County, NM 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of realty action. 

SUMMARY: The Bureau of Land 

Management (BLM) proposes to offer, by 

modified competitive sealed bid sale, 

one parcel of land totaling 

approximately 160 acres in Lindrith, 

New Mexico. The sale parcel will be 

subject to the applicable provisions of 

the Federal Land Policy and 

Management Act of 1976. The land is 

not needed for any Federal purpose and 

would be sold for not less than Fair 

Market Value (FMV), currently 

appraised to be $96,000. 

DATES: Comments regarding the 

proposed sale or the Environmental 

Assessment (EA) will be accepted until 

October 25, 2010. Sealed bids for the 

sale must be post-marked and received 

by the BLM no later than 4:30 p.m., 

Mountain Standard Time (MST), on 

November 8, 2010 at the BLM 

Farmington Field Office. 

ADDRESSES: Written comments and 

sealed bids should be mailed to the 

BLM Field Manager, Farmington Field 

Office, 1235 La Plata Highway, Suite A, 

Farmington, New Mexico 87401. 

FOR FURTHER INFORMATION CONTACT: 

Albert Gonzales, e-mail: 

Albert_Gonzales@blm.gov or by phone 

at (505) 599–6334. 

SUPPLEMENTARY INFORMATION: The 

following land is located northeast of 

Cuba in Lindrith, New Mexico, and is 

described as: 

New Mexico Principal Meridian 

T. 26 N., R. 2 W., 

sec. 17, NE1⁄4. 

The area described contains 160 acres, 

more or less, in Rio Arriba County. 

The sale is in conformance with the 

BLM Farmington Resource Management 

Plan (RMP) approved on October 5, 

1998. The BLM has determined that the 

proposed action conforms to the land 

use plan decision, LD–1, in the RMP. 

The use of the modified competitive 

sale method for this sale is consistent 

with 43 CFR 2711.3–2(a)(1)(i). 

To participate in this modified 

competitive sale, each bidder, including 

the designated bidders, must submit a 

$20,000 bid guarantee deposited by a 

certified check, postal money order, 

bank draft, or cashier’s check made 

payable to the Bureau of Land 

Management. Sealed bids for this sale 

must be accompanied by a certified 

check, postal money order, bank draft, 

or cashier’s check made payable to the 

Bureau of Land Management, in an 

amount not less than 20 percent of the 

total bid amount. The bid guarantee and 

sealed bid amounts may be submitted in 

one form of deposit but must be 

specified. Personal checks will not be 

accepted. Sealed bid envelopes must be 

clearly marked on the front lower left 

corner with ‘‘SEALED BID BLM LAND 

SALE,’’ November 9, 2010, and the 

identification number of the parcel 

‘‘BLM SERIAL NUMBER NM–121548.’’ 

The bid envelope must also contain the 

completed BLM Certificate of Eligibility 

form, stating the name, mailing address, 

and phone number of the entity/person 

making the bid. 

Sealed bids will be opened and 

recorded to determine the high bidder 

on November 9, 2010, at 10 a.m. MST, 

at the BLM Farmington Field Office. 

The highest qualifying bidder among the 

qualified bids received for the sale will 

be declared. This modified competitive 

sale allows the designated bidders the 

right to meet the high bid. 

The designated bidders or their 

authorized representative must be 

present at the bid opening on November 

9, 2010 at 10 a.m. MST. Should the 

designated bidders appoint a 

representative for this sale, they must 

submit, in writing, a notarized 

document identifying the level of 

capacity given to their authorized 

representative. This document must be 

signed by both parties. The designated 

bidders or their authorized 

representative will have the opportunity 

to meet and accept the high bid as the 

purchase price of the parcel or to refuse 

that offer. Should the designated 

bidders or their authorized 

representative refuse the offer, the high 

bid received through sealed bid will be 

declared the successful bid in 

accordance with regulations at 43 CFR 

2711.3–2(c). Acceptance or rejection of 

any offer to purchase the parcel will be 

in accordance with the procedures set 

forth in 43 CFR 2711.3–1 (f) and (g) of 

this subpart. 

All funds submitted with sealed bids 

will be returned to the unsuccessful 

bidders upon presentation of photo 

identification. The successful bidder 

may elect a refund of their $20,000 bid 

guarantee or apply the bid guarantee 

along with the required 20 percent bid 

deposit toward the purchase price. 

Failure to submit the bid deposit 

following a successful bid will result in 

forfeiture of the bid guarantee under 43 

CFR 2711.3–1(d). 

The successful bidder will be allowed 

180 days from the date of the sale to 

submit the remainder of the full bid 

price in the form of a certified check, 

postal money order, bank draft, or 

cashier’s check made payable to the 

Bureau of Land Management. Personal 

checks will not be accepted. 

Arrangements for electronic fund 

transfer to the BLM for the payment of 

the balance due on or before 180 days 

from the date of the sale, shall be made 

a minimum of 2 weeks prior to the 

payment date. Failure to submit the full 

bid price before the end of the 180th day 


srobinson on DSKHWCL6B1PROD with NOTICES
55350 Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices 

following the sale date will result in the 

forfeiture of the 20 percent bid deposit 

to the BLM in accordance with 43 CFR 

2711.3–1(d). If there are no acceptable 

bids, the parcel may remain available 

for sale on a continuing basis in 

accordance with the competitive sale 

procedures described in 43 CFR 2711.3– 

1 without further legal notice. If the 

parcel is not sold, it may also be offered 

for sale in a future Internet auction. 

Internet auction procedures are 

available at http://www.auctionrp.com. 

If unsold through the Internet auction, 

the parcel may be offered for sale in the 

future without additional legal notice. 

Terms and Conditions: All minerals 

will be reserved to the United States. 

The conveyance document issued 

would contain the following numbered 

reservations, covenants, terms, and 

conditions: 

1. Discretionary leasable and saleable 

mineral deposits on the land, if any, are 

reserved to the United States, its 

permittees, licensees, and lessees 

together with the right to prospect for, 

mine, and remove such minerals under 

applicable law and any regulations that 

the Secretary of the Interior may 

prescribe, together with all necessary 

access and exit rights; 

2. A right-of-way thereon for ditches 

and canals constructed by authority of 

the United States pursuant to the Act of 

August 30, 1890 (26 Stat. 391; 43 U.S.C. 

945); 

3. The parcel is subject to valid 

existing rights. The parcel may also be 

subject to land-use applications 

received prior to publication of this 

notice if processing the application 

would have no adverse effect on the 

marketability of the title, or the federally 

approved FMV, of the parcel. 

Encumbrances of record, appearing in 

the BLM public files for the parcels 

proposed for sale, are available for 

review during business hours, 7:45 a.m. 

to 4:30 p.m. MST, Monday through 

Friday, at the BLM Farmington Field 

Office, except during federally 

recognized holidays. Subject to 

limitations prescribed by law and 

regulation, prior to patent issuance, a 

holder of any right-of-way within the 

parcel may be given the opportunity to 

amend the right-of-way for conversion 

to a new term, including one that would 

last in perpetuity, if applicable, or to an 

easement. 

4. By accepting this patent, the 

patentee agrees 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 patentees, its 

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 patentees, 

its employees, agents, contractors, or 

lessees, or third parties arising out of or 

in connection with the use and/or 

occupancy of the patented real property 

resulting in: (a) Violations of Federal, 

State, and local laws and regulations 

applicable to the real property; (b) 

judgments, claims or demands of any 

kind assessed against the United States; 

(c) costs, expenses, damages of any kind 

incurred by the United States; (d) other 

releases or threatened releases on, into 

or under land, property and other 

interests of the United States by solid or 

hazardous waste(s) and/or hazardous 

substances(s), as defined by Federal or 

State environmental laws; (e) Other 

activities by which solid or hazardous 

substances or wastes, as defined by 

Federal and State environmental laws 

were 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 (f) Natural resource damages as 

defined by Federal and State law. This 

covenant shall be construed as running 

with the patented real property, and 

may be enforced by the United States in 

a court of competent jurisdiction; and 

5. Pursuant to the requirements 

established by Section 120(h) of the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act, 42 U.S.C. 9620(h) (CERCLA), as 

amended by the Superfund 

Amendments and Reauthorization Act 

of 1988 (100 Stat. 1670), notice is hereby 

given that the above-described land has 

been examined and no evidence was 

found to indicate that any hazardous 

substances have been stored for 1 year 

or more, nor have any hazardous 

substances been disposed of or released 

on the subject property. 

The parcel is subject to reservations 

for roads, public utilities, and flood 

control purposes in accordance with the 

local governing entities’ transportation 

plans. No warranty of any kind, express 

or implied, is given by the United States 

as to title, whether, or to what extent, 

the land may be developed, its physical 

condition, future uses, or any other 

circumstance or condition. The 

conveyance of the parcel will not be on 

a contingency basis. 

On publication of this notice and 

until completion of the sale, the BLM is 

no longer accepting land use 

applications affecting the identified 

land, except applications for the 

amendment of previously filed right-ofway applications or existing 

authorizations to increase the term of 

the grant in accordance with 43 CFR 

2807.15 and 2886.15. Land use 

applications may be considered after 

completion of the sale process for this 

parcel if the parcel is not sold. 

The BLM will notify valid existing 

right-of-way holders of their ability to 

convert their compliant rights-of-way to 

perpetual rights-of-way or easements. 

Each valid holder will be notified, in 

writing, of their rights and then must 

apply for the conversion of their current 

authorization before the patent is 

issued. 

Federal law requires that all bidders 

must be United States citizens 18 years 

old or older, or in the case of 

corporations, be subject to the laws of 

any State of the United States. Proof of 

these requirements must accompany the 

bid. Unless other satisfactory 

arrangements are approved in advance 

by the BLM authorized officer, 

conveyance of title shall be through the 

use of escrow. Designation of the escrow 

agent shall be through mutual 

agreement between the BLM and the 

prospective patentee, and costs of 

escrow shall be borne by the prospective 

patentee. 

Requests for all escrow instructions 

must be received by the BLM 

Farmington Field Office prior to 30 days 

before the bidder’s scheduled closing 

date. There are no exceptions. 

Within 30 days of the sale, the BLM 

will, in writing, either accept or reject 

all bids received. Pursuant to 43 CFR 

2711.3–1, a bid is the bidder’s offer to 

the BLM to purchase the parcel. No 

contractual or other rights against the 

United States may accrue until the BLM 

officially accepts the offer to purchase, 

and the full bid price is submitted by 

the 180th day following the sale. 

To change the name on the bidder 

statement, high bidders must notify the 

BLM Farmington Field Office, in 

writing, and submit a new bidder 

statement, which is available at the BLM 

Farmington Field Office, and must be 

completed by the intended patentee. 

The BLM will not sign any documents 

related to any Internal Revenue Service 

(IRS) 1031 exchange transactions. The 

timing for completion of any IRS 

Section 1031 exchange is the bidder’s 

responsibility in accordance with IRS 

regulations. The BLM will not be a party 

to any IRS Section 1031 exchange. 

In order to determine the FMV, 

certain assumptions may have been 

made about the attributes and 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices 55351 

limitations of the land and potential 

effects of local regulations and policies 

on potential future land uses. Through 

publication of this notice, the BLM 

advises that these assumptions may not 

be endorsed or approved by units of 

local government. It is the buyer’s 

responsibility to be aware of all 

applicable Federal, State, and local 

government laws, regulations, and 

policies that may affect the subject 

lands, including any required 

dedication of lands for public uses. It is 

the buyer’s responsibility to be aware of 

existing or projected use of nearby 

properties. When conveyed out of 

Federal ownership, the land will be 

subject to any applicable laws, 

regulations, and policies of the 

applicable local government for 

proposed future uses. It will be the 

responsibility of the purchaser to be 

aware through due diligence of those 

laws, regulations, and policies, and to 

seek any required local approvals for 

future uses. Buyers should also make 

themselves aware of any Federal or 

State law or regulation that may impact 

the future use of the property. Any land 

lacking access from a public road or 

highway will be conveyed as such, and 

future access acquisition will be the 

responsibility of the buyer. The parcel 

proposed for sale was analyzed in the 

BLM Farmington Resource Management 

Plan and Final Environmental Impact 

Statement dated March 2003. This was 

approved as the Resource Management 

Plan in the Record of Decision signed 

September 29, 2003, which is available 

for review at the BLM Farmington Field 

Office. The parcel identified in this 

Notice was analyzed in an 

Environmental Assessment (EA) for the 

sale. 

Information concerning the sale, 

appraisals, reservations, sale procedures 

and conditions, CERCLA, maps 

delineating the individual sale parcel, 

the FMV of the parcel, EA, and other 

environmental documents are available 

for review at the Farmington Field 

Office, or by contacting Albert Gonzales 

at (505) 599–6334. 

Public comments: The parcel of land 

will not be offered for sale before 60 

days have elapsed after the publication 

of this notice. For a period until October 

25, 2010, interested parties may submit 

written comments to the BLM 

Farmington Field Office. Only written 

comments submitted by postal service 

or other delivery service will be 

considered as properly filed. Electronic 

mail, facsimile, or telephone comments 

will not be considered as properly filed. 

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. 

Any adverse comments regarding the 

proposed sale will be reviewed by the 

BLM New Mexico State Director, who 

may sustain, vacate, or modify this 

realty action. In the absence of any 

adverse comments, this realty action 

will become the final determination of 

the Department of the Interior. 

(Authority: 43 CFR 2711) 

Debby Lucero, 

Acting Deputy State Director, Division of 

Lands and Resources. 

[FR Doc. 2010–22610 Filed 9–9–10; 8:45 am] 

BILLING CODE 4310–VB–P 

INTERNATIONAL TRADE 

COMMISSION 

Agency Form Submitted for OMB 

Review 

AGENCY: United States International 

Trade Commission. 

ACTION: In accordance with the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. Chapter 35), the 

Commission has submitted a request for 

approval of a questionnaire to the Office 

of Management and Budget for review. 

Purpose of information collection: 

The forms are for use by the 

Commission in connection with 

investigation No. 332–519, China: 

Effects of Intellectual Property 

Infringement and Indigenous Innovation 

Policies on the U.S. Economy, instituted 

under the authority of section 332(g) of 

the Tariff Act of 1930 (19 U.S.C. 

1332(g)). This investigation was 

requested by the Senate Committee on 

Finance. The Commission expects to 

deliver the results of its investigation to 

the Senate Committee on Finance by 

May 2, 2011. 

Summary of Proposal 

(1) Number of forms submitted: 1. 

(2) Title of form: Intellectual Property 

Rights Questionnaire. 

(3) Type of request: New. 

(4) Frequency of use: Industry 

questionnaire, single data gathering, 

scheduled for 2010. 

(5) Description of respondents: U.S. 

firms in the services and manufacturing 

sectors. 

(6) Estimated number of respondents: 

5,675. 

(7) Estimated total number of hours to 

complete the form per respondent: 40 

hours. 

(8) Information obtained from the 

form that qualifies as confidential 

business information will be so treated 

by the Commission and not disclosed in 

a manner that would reveal the 

individual operations of a firm. 

Additional information or comment: 

Copies of the forms and supporting 

documents may be obtained from 

project leaders Alexander Hammer 

(alexander.hammer@usitc.gov or 202– 

205–3271) or Katherine Linton 

(katherine.linton@usitc.gov or 202–205– 

3393). Comments about the proposal 

should be directed to the Office of 

Management and Budget, Office of 

Information and Regulatory Affairs, 

Room 10102 (Docket Library), 

Washington, DC 20503, ATTENTION: 

Docket Librarian. All comments should 

be specific, indicating which part of the 

questionnaire is objectionable, 

describing the concern in detail, and 

including specific suggested revision or 

language changes. Copies of any 

comments should be provided to Steve 

McLaughlin, Chief Information Officer, 

U.S. International Trade Commission, 

500 E Street, SW., Washington, DC 

20436, who is the Commission’s 

designated Senior Official under the 

Paperwork Reduction Act. 

Persons with mobility impairments 

who will need special assistance in 

gaining access to the Commission 

should contact the Secretary at 202– 

205–2000. Hearing impaired individuals 

are advised that information on this 

matter can be obtained by contacting 

our TTD terminal (telephone no. 202– 

205–1810). Also, general information 

about the Commission can be obtained 

from its internet site (http:// 

www.usitc.gov). 

By order of the Commission. 

Issued: September 3, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–22583 Filed 9–9–10; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Filing of Settlement 

Agreement Pursuant to 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (‘‘CERCLA’’) 

Notice is hereby given that on August 

24, 2010, a proposed Settlement 

Agreement in In re Asarco, LLC, No. 05– 

21207 (Bankr. S.D. Tex.) was filed with 

the United States Bankruptcy Court for 


srobinson on DSKHWCL6B1PROD with NOTICES