37056 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 

and Douglas Sts., Forest Grove, 09000360, 

LISTED, 5/28/09 

PUERTO RICO 

Caguas Municipality 

Puente No. 6, SR 798, Km. 1.0, Rio Canas 

Ward, Caguas vicinity, 09000361, LISTED, 

5/28/09 (Historic Bridges of Puerto Rico 

MPS) 

SOUTH CAROLINA 

Abbeville County 

Lindsay Cemetery, Lindsay Cemetery Rd., 

Due West vicinity, 09000364, LISTED, 5/ 

27/09 

VIRGINIA 

Loudoun County 

Round Hill Historic District, Area within the 

Round Hill town limits that is bounded 

roughly by VA 7 to the S., Locust St. to the 

W., Bridge on E, Round Hill, 09000366, 

LISTED, 5/28/09 

WASHINGTON 

Kitsap County 

Coder-Coleman House, 904 Highland Ave., 

Bremerton, 09000367, LISTED, 5/28/09 

*Denotes FEDERAL DETERMINATION OF 

ELIGIBILITY 

[FR Doc. E9–17822 Filed 7–24–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

National Register of Historic Places; 

Notification of Pending Nominations 

and Related Actions 

Nominations for the following 

properties being considered for listing 

or related actions in the National 

Register were received by the National 

Park Service before July 11, 2009. 

Pursuant to § 60.13 of 36 CFR Part 60 

written comments concerning the 

significance of these properties under 

the National Register criteria for 

evaluation may be forwarded by United 

States Postal Service, to the National 

Register of Historic Places, National 

Park Service, 1849 C St., NW., 2280, 

Washington, DC 20240; by all other 

carriers, National Register of Historic 

Places, National Park Service,1201 Eye 

St., NW., 8th floor, Washington, DC 

20005; or by fax, 202–371–6447. Written 

or faxed comments should be submitted 

by August 11, 2009. 

J. Paul Loether, 

Chief, National Register of Historic Places/ 

National Historic Landmarks Program. 

HAWAII 

Hawaii County 

Mauna Loa Road, Hawaii Volcanoes National 

Park, Hilo, 09000620 

IOWA 

Madison County 

Seerley, William and Mary (Messersmith) 

Barn and Milkhouse—Smokehouse, 1840 

137th La., Earlham, 09000621 

MINNESOTA 

McLeod County 

Komensky School, 19981 Major Ave., 

Hutchinson, 09000622 

Ramsey County 

O’Donnell Shoe Company Building, 509 

Sibley St., St. Paul, 09000623 

MISSISSIPPI 

Lee County 

Carnation Milk Plant, 520 Carnation St., 

Tupelo, 09000624 

Marion County 

Columbia North Residential Historic District, 

Roughly bounded by High School and N. 

Main St. on the W. and Park Ave. and 

Branton Ave. on the E., Columbia, 

09000625 

MISSOURI 

Pettis County 

Sedalia Commercial Historic District 

(Boundary Increase I), 104–120 E. 5th St., 

Sedalia, 09000626 

St. Louis Independent City 

Stickney, William A., Cigar Company 

Building, 209 N. 4th St., St. Louis, 

09000627 

NEW YORK 

Broome County 

Wells, J. Stuart, House, 71 Main St., 

Binghamton, 09000628 

Chautauqua County 

Wellman Building, The, 101–103 W. 3rd St. 

& 215–217 Cherry St., Jamestown, 

09000629 

Erie County 

Lafayette Avenue Presbyterian Church, 875 

Elmwood Ave., Buffalo, 09000630 

St. Francis Xavier Roman Catholic Parish 

Complex, 157 East St., Buffalo, 09000631 

Kings County 

Brooklyn Trust Company Building, 177 

Montague St., Brooklyn, 09000632 

Lewis County 

Pine Grove Community Church, Austin Rd. 

& Pine Grove Rd., Pine Grove, 09000633 

New York County 

Emerson, The, 554 W. 53rd St., New York, 

09000634 

Oneida County 

von Steuben, Baron, Memorial Site, Starr Hill 

Rd., Remsen, 09000635 

NORTH CAROLINA 

Mecklenburg County 

Huntersville Colored High School, 302 

Holbrooks Rd., Huntersville, 09000636 

Orange County 

Murphy School, 3729 Murphy School Rd., 

Hillsborough, 09000637 

Transylvania County 

East Main Street Historic District, 

(Transylvania County MPS) 249–683 and 

768 East Main St.; 6–7 Rice St.; St. Phillip’s 

Ln.; 1–60 Woodside Dr.; and 33 Deacon 

Ln., Brevard, 09000638 

UTAH 

Summit County 

O’Mahony Dining Car No. 1107, 981 W. 

Weber Canyon Rd., Oakley, 09000639 

VIRGINIA 

Lunenburg County 

Fort Mitchell Depot, 5570–5605 Fort Mitchell 

Dr., Fort Mitchell, 09000640 

Newport News Independent City 

Simon Reid Curtis House, 10 Elmhurst St., 

Newport News, 09000641 

Shenandoah County 

Bowman-Zirkle Farm, 12097 S. Middle Rd., 

Edinburg, 09000642 

Clem-Kagey Farm, 291 Belgravia Rd., 

Edinburg, 09000643 

Request REMOVAL has been made for the 

following resource: 

OREGON 

Coos County 

Powers Hotel, 310 2nd St., Powers, 86001216 

Request for MOVE has been made for the 

following resource 

MARYLAND 

Frederick County 

Old National Pike Milestone No. 51, US 40 

alternative: Beechtree Drive and Willow 

Tree Drive, Frederick, 75002107 

[FR Doc. E9–17824 Filed 7–24–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLCOF02000–L14300000.EU0000; COC– 

73560] 

Notice of Realty Action: Proposed 

Non-Competitive (Direct) Sale of Public 

Land, Gilpin County, CO 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of realty action. 

SUMMARY: The public lands described in 

this Notice consist of four small parcels 

ranging in size from 0.01 acres to 1.75 

acres for a total of 1.87 acres in Gilpin 

County, Colorado. The parcels are being 

proposed for direct sale to Prospectors 

Run LLC at no less than the appraised 

fair market value (FMV) to resolve 

inadvertent, unauthorized use and 


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Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 37057 

occupancy of the parcels. No significant 

resource values will be affected by 

disposal of these parcels from Federal 

ownership. The sale is consistent with 

Bureau of Land Management (BLM) 

policies and the BLM Colorado 

Northeast Resource Management Plan, 

dated September 16, 1986. 

DATES: Interested persons may submit 

written comments concerning the 

proposed sale to the BLM at the address 

stated below. Comments must be 

received by the BLM not later than 

September 10, 2009. 

ADDRESSES: Written comments 

regarding the proposed sale should be 

addressed to the Bureau of Land 

Management, Field Manager, Royal 

Gorge Field Office, 3028 East Main 

Street, Canon City, Colorado 81212. 

FOR FURTHER INFORMATION CONTACT: 

Debbie Bellew, Realty Specialist, at 

(719) 269–8514 or by e-mail 

dbellew@co.blm.gov. 

SUPPLEMENTARY INFORMATION: The 

following described parcels of public 

land are proposed for sale: 

Sixth Principal Meridian 

T. 3 S., R. 73 W., 

Sec. 11, lots 26, 28, 29, 30, and 32. 

The areas described aggregate 1.87 acres in 

Gilpin County. 

The parcels lie within Eureka Heights 

Village approximately 1 mile northwest 

of Central City, Colorado. 

The authority for the sale is section 

203 of the Federal Land Policy and 

Management Act (FLPMA) of October 

21, 1976 (43 U.S.C. 1713) and 

regulations found at 43 CFR part 2710. 

The parcels are not required for Federal 

purposes and were identified for 

disposal in the BLM Northeast Colorado 

Resource Management Plan approved 

on September 18, 1986, and therefore 

meet the qualifications for disposal from 

Federal ownership. The disposal (sale) 

of the parcels would serve the public 

interest for private economic 

development, which outweighs other 

public objectives and values. 

On July 27, 2009 the parcels will be 

segregated from all forms of 

appropriation under the public land 

laws, including the mining laws, except 

as to non-competitive (direct) sale as 

herein proposed. The segregative effect 

will terminate upon issuance of a 

patent, publication in the Federal 

Register of a termination of the 

segregation, or on July 27, 2011, 

whichever occurs first, unless the 

segregation period is extended by the 

BLM State Director, Colorado, in 

accordance with 43 CFR 2711.1–2(d) 

prior to the termination date. Upon 

publication of this notice and until 

completion of the sale, the BLM will not 

accept land use applications. 

The parcels will be disposed of at no 

less than the appraised FMV. The FMV 

will be determined by an appraisal 

using the principles contained in the 

‘‘Uniform Appraisal Standards for 

Federal Land Acquisitions.’’ The parcels 

described in this notice were identified 

for disposal in an approved land use 

plan in effect on July 25, 2000; 

therefore, proceeds from this sale will 

be deposited into the Federal Land 

Disposal Account authorized under 

section 206 of the Federal Land 

Transaction Facilitation Act, Public Law 

106–248. 

Regulations contained in 43 CFR 

2711.3–3 make allowances for direct 

sales when a competitive sale is 

inappropriate and when the public 

interest would best be served by a direct 

sale, including a need to resolve 

inadvertent unauthorized use or 

occupancy of the lands. The fragmented 

land pattern in Gilpin County has 

resulted in numerous historical trespass 

situations on public lands. As to the 

parcels described in this Notice, the 

BLM has completed a cadastral survey 

of the public land boundaries to verify 

the unauthorized uses. In accordance 

with 43 CFR 2710.0–6 (c) (iii) and 43 

CFR 2711.3–3(a), the BLM authorized 

officer finds that the public interest 

would be best served by resolving the 

inadvertent unauthorized use and 

occupancy of public lands managed by 

the BLM by direct sale to a landowner 

whose improvements occupy portions 

of the parcels and to protect existing 

equities in the land. 

The inadvertent unauthorized use and 

occupancy involves landscaping and the 

encroachment of portions of retaining 

walls associated with the townhome 

development known as ‘‘Eureka Heights 

Village.’’ The initial use and occupancy 

began when Prospector’s Run LLC built 

the improvements on public land during 

development of their private property. 

Access to the subject BLM parcels is off 

of Eureka Street. The sale would 

consolidate the public land parcels 

within the Eureka Heights Village 

development and resolve inadvertent 

unauthorized use and occupancy of 

public lands. Federal law requires 

purchasers to be citizens of the United 

States, 18 years of age or older; or, in the 

case of corporations, to be subject to the 

laws of any State or of the United States; 

a State, State instrumentality or political 

subdivision authorized to hold property 

or an entity legally capable of conveying 

lands or interests therein under the laws 

of the State of Colorado. The purchaser 

will be allowed 30 days from receipt of 

a written offer from the BLM to submit 

a deposit of at least 30 percent of the 

appraised FMV of the parcels, and 180 

days thereafter to submit the balance. 

Payments must be in the form of a 

certified check, postal money order, 

bank draft, or cashier’s check made 

payable in U.S. dollars to the order of 

the U.S. Department of the Interior— 

BLM. Personal checks will not be 

accepted. Failure to meet conditions 

established for this sale will void the 

sale and any monies received will be 

forfeited. If the balance of the purchase 

price is not received within the 180 

days, the deposit shall be forfeited to the 

United States and the parcels 

withdrawn from sale. 

Any patent issued will contain the 

following numbered reservations, 

covenants, terms and conditions: 

(1) A reservation to the United States 

for ditches and canals constructed by 

the authority of the United States, Act 

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

(2) The parcels will be subject to all 

valid existing rights of record at the time 

of conveyance. 

(3) If appropriate, a reservation of 

minerals and mineral interests to the 

United States. 

(4) A notice and indemnification 

statement under the Comprehensive 

Environmental Response, Compensation 

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

amended by the Superfund 

Amendments and Reauthorization Act 

of 1988, (100 Stat. 1670), holding the 

United States harmless from any release 

of hazardous materials that may have 

occurred as a result of any authorized or 

unauthorized use of the property by 

other parties. 

(5) Additional terms and conditions 

that the authorized officer deems 

appropriate to ensure proper land use 

and protection of the public interest. 

Conveyance of any mineral interest 

pursuant to section 209 of the FLPMA 

will be analyzed during processing of 

the proposed sale. 

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 parcels of land 

proposed for sale, and the conveyance 

will not be on a contingency basis. In 

order to determine the value, through 

appraisal, certain extraordinary 

assumptions may be made of the 

attributes and limitations of the lands 

and potential effects of local regulations 

and policies on potential future land 

uses. Through publication of this Notice 

of Realty Action, the BLM gives notice 

that these assumptions may not be 

endorsed or approved by units of local 

government. It is the buyer’s 

responsibility to be aware of: (1) All 

applicable Federal, State, or local 


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37058 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 

government laws, regulations, or 

policies that may affect the subject 

parcels or its future uses, and (2) 

existing or prospective uses of nearby 

properties. When conveyed out of 

Federal ownership, the lands 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 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. If the parcels lack access from 

a public road or highway it will be 

conveyed as such, and future access 

acquisition will be the responsibility of 

the buyer. 

Public Comments 

For a period until September 10, 

2009, interested parties and the general 

public may submit in writing any 

comments concerning the parcels being 

considered for direct sale, including 

notification of any encumbrances or 

other claims relating to the parcels, to 

the BLM Royal Gorge Field Manager at 

the above address. In order to ensure 

consideration in the environmental 

analysis of the proposed sale, comments 

must be in writing and postmarked or 

delivered within 45 days of the initial 

date of publication of this notice. 

Comments, including names and street 

addresses of respondents, will be 

available for public review at the BLM 

Royal Gorge Field Office during regular 

business hours. Individual respondents 

may request confidentiality. 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. If you wish to have your name or 

address withheld from public disclosure 

under the Freedom of Information Act, 

you must state it prominently at the 

beginning of your comments. Any 

determination by the BLM to release or 

withhold the names and/or addresses of 

those who comment will be made on a 

case-by-case basis. Such requests will be 

honored to the extent allowed by law. 

BLM will make available for public 

review, in their entirety, all comments 

submitted by businesses or 

organizations, including comments by 

individuals in their capacity as an 

official or representative of an 

organization or business. 

Any adverse comments will be 

reviewed by the BLM State Director, 

Colorado, who may sustain, vacate, or 

modify this realty action in whole or in 

part. In the absence of any adverse 

comments, this realty action will 

become the final determination of the 

Department of the Interior. Information 

concerning the proposed land sale, 

including reservations, appraisal, 

planning and environmental 

documents, and mineral report, is 

available for review at the Royal Gorge 

field Office at the address listed above. 

Normal business hours are 7:45 a.m. to 

4:30 p.m., Monday through Friday, 

except Federal holidays. The parcels 

will not be sold until at least September 

25, 2009. 

Roy L. Masinton, 

Field Manager, Royal Gorge Field Office. 

[FR Doc. E9–17785 Filed 7–24–09; 8:45 am] 

BILLING CODE 4310–JB–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLNVB01000.L58740000.EU0000.

XFL064F0000; N–79242; 9–08807; TAS: 

14X5232] 

Notice of Realty Action; Modified 

Competitive Sealed-Bid 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 by 

modified competitive sealed-bid sale, 

one parcel of public land in Antelope 

Valley totaling 409.34 acres at not less 

than the fair market value (FMV) of 

$60,000. A description of the method of 

modified competitive bidding to be used 

and a statement indicating the purpose 

or objective of the bidding procedure 

selected is specified in this notice. 

DATES: Written comments regarding the 

proposed sale will be accepted until 

September 10, 2009. The bidders have 

until September 25, 2009 to submit 

sealed bids to the Bureau of Land 

Management (BLM) Battle Mountain 

District Office to the address listed 

below. Sealed bids will be opened no 

sooner than September 30, 2009 at 3 

p.m. Pacific Time. 

ADDRESSES: Mail written comments to 

the BLM Field Manager, Mount Lewis 

Field Office, 50 Bastian Road, Battle 

Mountain, NV 89820. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Lockridge, e-mail: Nancy 

Lockridge@nv.blm.gov or phone: (775) 

635–4000. 

SUPPLEMENTARY INFORMATION: 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. 

The sale parcel is legally described as: 

Mount Diablo Meridian 

T. 25 N., R. 42 E., 

Sec. 1, lots 7 and 8, and SW1⁄4; 

Sec. 12, NW1⁄4. 

The area described contains 409.34 acres, 

more or less, in Lander County. 

The sale is in conformance with the 

1986 BLM Shoshone-Eureka Resource 

Management Plan (RMP), approved on 

February 26, 1986. 

The use of the modified competitive 

sale method is consistent with 43 CFR 

2711.3–2(a)(1)(ii). Public lands may be 

offered for sale by modified competitive 

bidding procedures when the 

authorized officer determines it is 

necessary in order to assure equitable 

distribution of land among purchasers 

or to recognize equitable considerations 

or public policies. Modified competitive 

bidding includes, but is not limited to, 

a limitation of persons permitted to bid 

on a specific parcel of land offered for 

sale. Factors to be considered in 

determining when modified competitive 

bidding procedures shall be used 

include, but are not limited to, the 

needs of State and/or local government, 

adjoining landowners, historical users, 

and other needs for the parcel. 

Lander County supports a request by 

Nevada Hay Company, which is owned 

by Dennis Johnson, for a modified 

competitive sale. Mr. Johnson owns the 

abutting properties on the east and west 

boundaries of the parcel. The north and 

south boundaries are public land. 

Ellison Ranching Company is the 

historical user of the land with a grazing 

permit authorized by the BLM. The sale 

parcel lacks official public access. In 

consideration of the adjoining 

landowner and historical uses of the 

parcel, the authorized officer has 

determined Mr. Johnson and Ellison 

Ranching Company as the bidders for 

this parcel. 

Bidding Procedures: Sealed bids must 

be accompanied by not less than 20 

percent of the bid amount 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. If the bidders submit a bid 


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