25274 Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Notices 

nonfuel mineral producers and 

exploration operations. 

Estimated Number of Annual 

Responses: 719. 

Estimated Annual Reporting and 

Recordkeeping ‘‘Hour’’ Burden: 539 

hours. We expect to receive 719 annual 

responses. We estimate an average of 45 

minutes per response. This includes the 

time for reviewing instructions, 

gathering and maintaining data, and 

completing and reviewing the 

information. 

Estimated Reporting and 

Recordkeeping ‘‘Non-Hour Cost’’ 

Burden: There are no ‘‘non-hour cost’’ 

burdens associated with this collection 

of information. 

III. Request for Comments 

We invite comments concerning this 

ICR on: (a) Whether the proposed 

collection of information is necessary 

for the agency to perform its duties, 

including whether the information is 

useful; (b) the accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information; (c) ways to 

enhance the quality, usefulness, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden on the respondents, including 

the use of automated collection 

techniques or other forms of information 

technology. 

Comments that you submit in 

response to this notice are a matter of 

public record. We will include or 

summarize each comment in our request 

to OMB to approve this ICR. 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. 

Dated: May 20, 2009. 

John H. DeYoung, Jr., 

Chief Scientist, Minerals Information Team. 

[FR Doc. E9–12280 Filed 5–26–09; 8:45 am] 

BILLING CODE 4311–AM–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLNVB01000.L58740000.EU0000.

XFL061F0000; N–82413; 9–08807; 

TAS:14X5260] 

Direct Sale of Public Land in Lander 

County, NV 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of Realty Action. 

SUMMARY: The Bureau of Land 

Management (BLM) proposes to offer 

two parcels of public land totaling about 

2.65 acres by direct, non-competitive 

sale to adjacent property owners. The 

sale will be subject to the applicable 

provisions of Sections 203 and 209 of 

the Federal Land Policy and 

Management Act of 1976 (FLPMA), 43 

U.S.C. 1713 and 1719, respectively, and 

BLM land sale and mineral conveyance 

regulations at 43 CFR 2710 and 2720. 

DATES: Interested parties may submit 

written comments regarding the 

proposed sale of these public lands until 

July 13, 2009. The sale will not be 

before sixty days after the publication of 

this notice in the Federal Register. 

ADDRESSES: Mail written comments to 

BLM Field Manager, Mount Lewis Field 

Office, Battle Mountain District, 50 

Bastain Road, Battle Mountain, NV 

89820. 

FOR FURTHER INFORMATION CONTACT: 

Chuck Lane at 775–635–6148. 

SUPPLEMENTARY INFORMATION: The sale 

parcels are in the south central part of 

Section 19 on the southern slope of 

Pony Soldier Canyon adjacent to the 

town of Austin, Nevada and are legally 

described as: 

Mount Diablo Meridian, Nevada 

T. 19 N., R. 44 E., 

Sec. 19, lots 28 and 29. 

Lot 28 contains 1.82 acres more or less and 

Lot 29 contains 0.83 acres more or less for 

a total of 2.65, more or less. 

Lot 28 is proposed for sale to Charles 

Henrickson and Lynn Hendrickson, of 

Austin, Nevada for the Fair Market 

Value (FMV) of $7,000. Lot 29 is 

proposed for sale to Aldeen Penola and 

Susan Penola, of Austin, Nevada for the 

FMV of $5,000. An approved appraisal 

report has been prepared by a state 

certified appraiser for the purposes of 

establishing these FMVs. Public land 

cannot be sold for less than its FMV. 

The public land is not required for 

any federal purpose. This sale is in 

conformance with the 1986 BLM 

Shoshone-Eureka Resource Management 

Plan (RMP), approved on February 26, 

1986. The parcels meet the disposal 

qualification of Section 205 of the 

Federal Land Transaction Facilitation 

Act of July 25, 2000 (FLTFA) (43 U.S.C. 

2304). The proceeds from the sale of the 

land will be deposited into the Federal 

Land Disposal Account for Nevada 

pursuant to FLTFA. 

The land meets the criteria for sale 

under 43 CFR 2710.0–3(a)(3) where the 

sale of a parcel because of its location 

or other characteristics is difficult and 

uneconomic to manage as part of the 

public lands and is not suitable for 

management by another Federal 

department or agency. The parcels will 

be offered through direct sale 

procedures pursuant to 43 CFR 2711.3– 

3. The sale of these lands also meet the 

criteria under 43 CFR 2711.3–3(a)(5) 

which allows direct sales in the case of 

a need to resolve inadvertent 

unauthorized use or occupancy of the 

lands. The residences of the two parties 

and some outlying structures have 

inadvertently been constructed on 

public land. The direct sale would not 

change the status quo in that no other 

land uses are expected for these lands. 

The BLM prepared an environmental 

assessment (EA) and provided a 30-day 

public comment period. No comments 

were received and a finding of no 

significant impacts (FONSI) was signed 

on July 9, 2008. The EA, FONSI, 

Environmental Site Assessment, 

Mineral Potential Report, and map are 

available for review at the Battle 

Mountain District Office. 

Terms and Conditions: Conveyance of 

the available mineral interests will 

occur simultaneously with the sale of 

the land. The mineral interests being 

offered for sale have no known mineral 

value in accordance with Section 209 of 

FLPMA. Acceptance of a sale offer will 

constitute an application for conveyance 

of those mineral interests. In 

conjunction with the final payment, the 

purchaser will be required to pay a $50 

non-refundable filing fee for processing 

the conveyance of the mineral interests. 

Payment must be submitted in the form 

of a certified check, postal money order, 

bank draft, or cashier’s check made 

payable in U.S. dollars to the 

‘‘Department of the Interior—Bureau of 

Land Management.’’ 

The following numbered terms and 

conditions will appear in the 

conveyance document for this parcel: 

1. Oil, gas, and geothermal resources 

on the land are reserved to the United 

States; permittees, licensees, and lessees 

retain the right to prospect for and 

remove those minerals retained by the 

United States under applicable law and 

any regulations that the Secretary of the 


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Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Notices 25275 

Interior may prescribe, including all 

necessary access and exit rights; 

2. A right-of-way is reserved for 

ditches and canals constructed by 

authority of the United States under the 

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

The parcels are subject to: 

1. Valid existing rights; 

2. The purchaser/patentee, by 

accepting patent, 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 

arising from the past, present, or future 

acts or omissions of the patentee, its 

employees, agents, contractors, or 

lessees, or a third part arising out of, or 

in connection with, the patentee’s use 

and/or occupancy of the patented real 

property. This indemnification and hold 

harmless agreement includes, but is not 

limited to, acts and omissions of the 

patentee, its employees, agents, 

contractors, or lessees, or third party 

arising out of or in connection with the 

use and/or occupancy of the patented 

real property resulting in: (1) Violations 

of federal, state, and local laws and 

regulations that are now, or 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) 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 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 patented real property and may 

be enforced by the United States in a 

court of competent jurisdiction. 

3. Pursuant to the requirements 

established by section 120(h) of the 

Comprehensive Environmental 

Response, Compensation and Liability 

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

amended by the Superfund 

Amendments and Reauthorization Act 

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

hereby given that the described lands 

have been examined and no evidence 

was found to indicate that any 

hazardous substances have been stored 

for one year or more, nor had any 

hazardous substances been disposed of 

or released on the subject property. 

Encumbrances of record, appearing in 

the BLM public files for the parcel 

proposed for sale, are available during 

normal business hours at the Battle 

Mountain District Office. 

No warranty of any kind, expressed or 

implied, is given by the United States as 

to the title, physical condition or 

potential uses of the parcel of land 

proposed for sale, and the conveyance 

of any such parcel will not be on a 

contingency basis. It is the buyer’s 

responsibility to be aware of all 

applicable federal, state, or local 

government laws, regulations, or 

policies that may affect the subject lands 

or its future uses. It is also the buyer’s 

responsibility to be aware of existing or 

prospective uses of nearby properties. 

Any land lacking access from a public 

road and highway will be conveyed as 

such, and future access acquisition will 

be the responsibility of the buyer. 

Only written comments submitted by 

postal service or overnight mail will be 

considered 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. Comments including names and 

street address of respondents will be 

available for public review at the Battle 

Mountain District Office during regular 

business hours, except holidays. 

Any adverse comments regarding the 

proposed sale will be reviewed by the 

BLM Nevada 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) 

Dated: May 19, 2009. 

Douglas W. Furtado, 

Field Manager, Mount Lewis Field Office. 

[FR Doc. E9–12268 Filed 5–26–09; 8:45 am] 

BILLING CODE 4310–HC–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Intent to Repatriate Cultural 

Items: U.S. Department of the Interior, 

National Park Service, Hawaii 

Volcanoes National Park, Hawaii 

National Park, HI; Correction 

AGENCY: National Park Service, Interior. 

ACTION: Notice; correction. 

Notice is here given in accordance 

with the Native American Graves 

Protection and Repatriation Act 

(NAGPRA), 25 U.S.C. 3005, of the intent 

to repatriate cultural items in the 

possession of the U.S. Department of the 

Interior, National Park Service, Hawaii 

Volcanoes National Park, Hawaii 

National Park, HI, that meet the 

definition of ‘‘unassociated funerary 

objects’’ under 25 U.S.C. 3001. 

This notice is published as part of the 

National Park Service’s administrative 

responsibilities under NAGPRA, 25 

U.S.C. 3003 (d)(3). The determinations 

in this notice are the sole responsibility 

of the superintendent, Hawaii 

Volcanoes National Park. 

This notice corrects the spelling of 

one of the Native Hawaiian 

organizations reported in a Notice of 

Intent to Repatriate published in the 

Federal Register (74 FR 10755 – 10756, 

March 12, 2009). 

In the Federal Register of March 12, 

2009 (74 FR 10755 – 10756, March 12, 

2009) paragraph numbers 4 through 7 

are corrected by substituting ‘‘Laika-aManuia Ohana’’ for ‘‘Laika-a-Mauia 

Ohana’’ wherever the latter occurs. 

Representatives of any other Native 

Hawaiian organization that believes 

itself to be culturally affiliated with the 

unassociated funerary objects should 

contact Cindy Orlando, superintendent, 

Hawaii Volcanoes National Park, Hawaii 

National Park, HI 96718, telephone 

(808) 985–6025, before June 26, 2009. 

Repatriation of the unassociated 

funerary objects to the Department of 

Hawaiian Homelands, Hawaii Island 

Burial Council, Hoohuli Ohana, Hooulu 

Lahui, Hui Malama I Na Kupuna O 

Hawai’i Nei, Ka Ohana Ayau, 

Keaweamahi Ohana, Kekumano Ohana, 

Laika-a-Manuia Ohana, Na Lei Alii 

Kawananakoa, Na Papa Kanaka O 

Pu’ukohola Heiau, Office of Hawaiian 

Affairs, Royal Hawaiian Academy of 

Traditional Arts, and Van Horn 

Diamond Ohana may proceed after that 

date when the affiliated Native 

Hawaiian organizations have mutually 

agreed upon a resolution. 

Hawaii Volcanoes National Park is 

responsible for notifying the Department 


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