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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 37059 

of the same amount, the determination 

of which is to be considered the highest 

bid shall be by supplemental bidding. 

Sealed bid envelopes must be clearly 

marked on the front lower left corner 

with ‘‘SEALED BID BLM LAND SALE, 

[DATE]’’, and the identification number 

of the parcel ‘‘BLM SERIAL NUMBER 

N–79242’’. The bid envelope must also 

contain the completed BLM form, 

Certificate of Eligibility, 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 September 30, 2009 at 3 p.m. Pacific 

Time at the BLM Battle Mountain 

District Office. The highest qualifying 

bidder among the qualified bids 

received for the sale will be declared. 

The bidders or their authorized 

representative must be present at the bid 

opening. Should the bidders appoint a 

representative for this sale, they must 

submit in writing a notarized document 

identifying the level of capacity given to 

their designated representative. This 

document must be signed by both 

parties. Acceptance or rejection of any 

offer to purchase 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 

bidder on presentation of photo 

identification at the designated area. 

The successful bidder will be allowed 

180 days from the date of the sale to 

submit the remainder of the full bid 

price declared 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 BLM for the payment balance 

due shall be made a minimum of 2 

weeks prior to the payment date. Failure 

to submit the full bid price prior to the 

expiration of the 180th day 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). 

No exceptions will be made. 

Terms and Conditions: No minerals 

will be reserved to the United States in 

accordance with BLM approved Mineral 

Potential Report, dated October 15, 

2007. Information pertaining to the 

reservation of minerals specific to the 

parcel is located in the case files. 

Acceptance of the offer to purchase this 

parcel will constitute an application for 

conveyance of unreserved mineral 

interests. These unreserved mineral 

interests have been determined to have 

no known mineral value pursuant to 43 

CFR 2720.0–6 and 2720.2(a). In 

conjunction with the final payment, the 

applicant for these ‘‘no known value’’ 

mineral interests will be required to pay 

a $50 non-refundable filing fee for 

processing the conveyance of these 

mineral interests which will be sold 

simultaneously with the surface 

interests. 

The conveyances issued would 

contain the following numbered 

reservations, covenants, terms, and 

conditions: 

1. 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); 

2. A right-of-way for a power line 

granted to Nevada Energy, its successors 

and assigns, by right-of-way No. 

N–12841, pursuant to the Act of October 

21, 1976 (43 U.S.C. 1761); 

3. The parcel is subject to valid 

existing rights; 

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 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 

applicable to the real property; (2) 

Judgments, claims or demands of any 

kind assessed against the United States; 

(3) Costs, expenses, damages of any kind 

incurred by the United States; (4) 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; (5) 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; 

(6) Or 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 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. 

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 this parcel will not be on 

a contingency basis. 

The parcel may 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 title, or the 

FMV of the parcel. Encumbrances of 

record, appearing in the case file for the 

parcel offered for sale, are available for 

review during business hours, 7:30 a.m. 

to 4:30 p.m. Pacific Time, Monday 

through Friday, at the BLM Battle 

Mountain District Office, except during 

federally recognized holidays. 

Upon 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 for this parcel if 

the parcel is not sold. 

BLM will notify valid existing rightsof-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. 

Federal law requires that bidders 

must be: (a) A citizen of the United 

States 18 years of age or over; (b) a 

corporation subject to the laws of any 

State or of the United States; (c) a State, 


jlentini on DSKJ8SOYB1PROD with NOTICES
37060 Federal Register / Vol. 74, No. 142 / Monday, July 27, 2009 / Notices 

State instrumentality or political 

subdivision authorized to hold real 

property; or (d) an entity legally capable 

of conveying and holding lands or 

interests therein, under the laws of the 

State within with the lands to be 

conveyed are located. Where applicable, 

the entity shall also meet the 

requirements of paragraphs (a) and (b) of 

this section. U.S. citizenship is 

evidenced by presenting a birth 

certificate, passport, or naturalization 

papers. Failure to submit the above 

requested documents concurrently with 

the bid shall result in the ineligibility of 

the bidder. 

Unless other satisfactory 

arrangements are approved in advance 

by a 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 Battle 

Mountain District Office prior to 30 

days before the bidder’s scheduled 

closing date. There are no exceptions. 

Within 30 days of the sale, 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 BLM to 

purchase the parcel. No contractual or 

other rights against the United States 

may accrue until BLM officially accepts 

the offer to purchase, and the full bid 

price is submitted by the 180th day 

following the sale. All name changes 

and supporting documentation must be 

received at the BLM Battle Mountain 

District Office concurrently with the 

bid. To change the name on the bidder 

statement, high bidders must notify the 

BLM Battle Mountain District Office in 

writing, and submit a new bidder 

statement, which is available at the BLM 

Battle Mountain District Office or in the 

sale brochure, and is to be completed by 

the intended patentee. 

BLM will not sign any documents 

related to 1031 Exchange transactions. 

The timing for completion of the 

exchange is the bidder’s responsibility 

in accordance with Internal Revenue 

Services regulations. BLM is not a party 

to any 1031 Exchange. 

In order to determine the FMV, 

certain assumptions may have been 

made of the attributes and 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 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 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. 

Information concerning the sale, 

appraisals, reservations, sale procedures 

and conditions, CERCLA, maps 

delineating the sale parcel, the FMV of 

the parcel, mineral potential report, 

Environmental Assessment, and other 

environmental documents will be 

available for review at the BLM Battle 

Mountain District Office. 

Public Comments: Only written 

comments submitted by postal service 

or overnight mail 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 may 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 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) 

Douglas W. Furtado, 

Field Manager, Mount Lewis Field Office. 

[FR Doc. E9–17786 Filed 7–24–09; 8:45 am] 

BILLING CODE 4310–HC–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Pursuant to the Comprehensive 

Environmental Response 

Compensation and Liability Act 

(‘‘CERCLA’’) 

Notice is hereby given that on July 21, 

2009, a proposed Consent Decree in 

United States v. Detrex et al., No. 09– 

5442RBL, was lodged with the United 

States District Court for the Western 

District of Washington. 

In this action, the United States 

sought the recovery of response costs 

pursuant to section 107(a) of the 

Comprehensive Environmental 

Response, Compensation, and Recovery 

Act, 42 U.S.C. 9607(a), incurred at the 

Hylebos Waterway Problem Areas of 

OU1 of the Commencement Bay 

Nearshore/Tideflats Superfund Site in 

the City of Tacoma, Washington 

(‘‘Hylebos Waterway Problem Areas’’). 

The defendants, all of whom signed the 

Consent Decree, are: Detrex Corporation, 

Goodrich Corporation on behalf of 

Lubrizol Advanced Materials FCC, Inc. 

and Noveon Kalama, Inc., Mr. Donald 

Oline, Portac, Inc. and Weyerhaeuser 

Company. 

Pursuant to the proposed Consent 

Decree, the Settling Defendants will pay 

to the United States $2,330,938 in 

reimbursement of past and future 

response costs incurred by the United 

States with respect to the Hylebos 

Waterway Problem Areas. The proposed 

Consent Decree provides the Settling 

Defendants with a covenant not to sue 

pursuant to Sections 106 and 107 of 

CERCLA, 42 U.S.C. 9606 and 9607. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and either emailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Detrex et. al., (W.D. Wash.) No. 

09–5442RBL, D.J. Ref. 90–11–3–09454/ 

1. The Consent Decree may be examined 

at the Office of the United States 

Attorney, Western District of 

Washington, Office of the United States 

Attorney for the Western District of 

Washington, 5200 United States 

Courthouse, 700 Stewart Street, Seattle, 

WA 98101–1271. During the public 

comment period, the Consent Decree 

may also be examined on the following 

Department of Justice Web site, http:// 

www.usdoj.gov/enrd/ 


jlentini on DSKJ8SOYB1PROD with NOTICES