Rules and Regulations. Notice and request for comments

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BILLING CODE 4162-20-M DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice and request for comments. SUMMARY: The Federal Emergency Management Agency

(FEMA)has submitted the following information collection to the Office of Management and Budget

(OMB)for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. The submission describes the nature of the information collection, the categories of respondents, the estimated burden ( *i.e.* , the time, effort and resources used by respondents to respond) and cost, and includes the actual data collection instruments FEMA will use. Since publication of the 60 day proposed collection notice, 72 FR 26140, May 8, 2007, the burden estimates have been changed to correct burden hours and cost estimates. *Title:* Request for Site Inspection (FEMA Form 90-1) and Landowner's Authorization/Ingress-Egress Agreement. *OMB Number:* 1660-0030. *Abstract:* FEMA Temporary Housing Assistance is used to provide mobile homes, travel trailers, or other forms of readily fabricated forms of housing for the purpose of providing temporary housing to eligible applicants or victims of federally declared disasters. This information is required to determine the feasibility of the site for installation of the housing unit and ensured written permission of the property owner is obtained to allow the housing unit on the property to include ingress and egress authorization. *Affected Public:* Individuals and Households. *Number of Respondents:* 117,071. *Estimated Time per Respondent:* FEMA Form 90-1, 10 minutes; FEMA Form 90-31, 10 minutes. *Estimated Total Annual Burden Hours:* 39,024 hours. *Frequency of Response:* On Occasion. *Comments:* Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Nathan Lesser, Desk Officer, Department of Homeland Security/FEMA, and sent via electronic mail to *oira_submission@omb.eop.gov* or faxed to

(202)395-6974. Comments must be submitted on or before September 19, 2007. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection should be made to Director, Office of Records Management, FEMA, 500 C Street, SW., Room 609, Washington, DC 20472, facsimile number

(202)646-3347, or e-mail address *FEMA-Information-Collections@dhs.gov.* Dated: August 9, 2007. John A. Sharetts-Sullivan, Director, Office of Records Management, Office of Management Directorate, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E7-16278 Filed 8-17-07; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1716-DR] Maine; Major Disaster and Related Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This is a notice of the Presidential declaration of a major disaster for the State of Maine (FEMA-1716-DR), dated August 8, 2007, and related determinations. DATES: *Effective Date:* August 8, 2007. FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, Washington, DC 20472,

(202)646-2705. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated August 8, 2007, the President declared a major disaster under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act), as follows: I have determined that the damage in certain areas of the State of Maine resulting from severe storms and flooding during the period of July 11-12, 2007, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sections 5121-5206 (the Stafford Act). Therefore, I declare that such a major disaster exists in the State of Maine. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide Public Assistance in the designated areas, Hazard Mitigation throughout the State, and any other forms of assistance under the Stafford Act that you deem appropriate. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation will be limited to 75 percent of the total eligible costs. Federal funds provided under the Stafford Act for Public Assistance also will be limited to 75 percent of the total eligible costs, except for any particular projects that are eligible for a higher Federal cost-sharing percentage under the FEMA Public Assistance Pilot Program instituted pursuant to 6 U.S.C. Section 777. If Other Needs Assistance under Section 408 of the Stafford Act is later requested and warranted, Federal funding under that program also will be limited to 75 percent of the total eligible costs. Further, you are authorized to make changes to this declaration to the extent allowable under the Stafford Act. The Federal Emergency Management Agency

(FEMA)hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Albert L. Lewis, of FEMA is appointed to act as the Federal Coordinating Officer for this declared disaster. I do hereby determine the following areas of the State of Maine to have been affected adversely by this declared major disaster: Oxford County for Public Assistance. All counties within the State of Maine are eligible to apply for assistance under the Hazard Mitigation Grant Program). (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050, Individuals and Households Program—Other Needs, 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program) R. David Paulison, Administrator, Federal Emergency Management Agency. [FR Doc. E7-16281 Filed 8-17-07; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection Automated Commercial Environment (ACE); Expansion of Processes Supported in the ACE Truck Manifest System AGENCY: Customs and Border Protection, Department of Homeland Security. ACTION: General notice. SUMMARY: This document announces that Customs and Border Protection

(CBP)has expanded the processes that are supported in the Automated Commercial Environment

(ACE)Truck Manifest System. Previously, CBP did not possess the capability for the electronic release of cargo off the manifest for certain release types. Now, through the collection of cargo information through ACE, electronic release of the cargo can be accommodated for the following release types: General Note 1 Exemptions as provided in General Note 3(e) of the Harmonized Tariff Schedules of the United States; Free of Duty (CBP Form 7523); Unaccompanied Goods (CBP Form 3299); and Free Returned U.S. Goods (CBP Form 3311). DATES: Truck carriers will be able to take advantage of the additional processes supported in ACE beginning on the date of publication of this notice. FOR FURTHER INFORMATION CONTACT: Mr. James Swanson, via e-mail at *james.d.swanson@dhs.gov* . SUPPLEMENTARY INFORMATION: Background ACE Truck Manifest Test On February 4, 2004 and September 13, 2004, CBP published notices in the **Federal Register** (69 FR 5360 and 69 FR 55167) announcing a test, in conjunction with the Federal Motor Carrier Safety Administration (FMCSA), allowing participating truck carriers to transmit electronic manifest data in ACE, including advance cargo information as required by section 343(a) of the Trade Act of 2002, as amended by the Maritime Transportation Security Act of 2002 (see 68 FR 68140). The advance cargo information requirements are detailed in the final rule published in the **Federal Register** at 68 FR 68140 on December 5, 2003. Truck carriers participating in the test were required to establish ACE Secure Data Portal (ACE Portal) Truck Carrier Accounts which would provide them with the ability to electronically transmit truck manifest data and obtain release of their cargo, crew, conveyances, and equipment via the ACE Portal or electronic data interchange

(EDI)messaging. In the September 13, 2004 notice, CBP stated that, in order to be eligible for participation in this test, a carrier must have: 1. Submitted an application (i.e., statement of intent to establish an ACE Account and to participate in the testing of electronic truck manifest functionality) as set forth in the February 4, 2004, **Federal Register** notice (69 FR 5360); 2. Provided a Standard Carrier Alpha Code(s) (SCAC); 3. Provided the name, address, and e-mail of a point of contact to receive further information. In addition, participants intending to use the ACE Portal as the means to file the manifest were required to submit a statement certifying the ability to connect to the Internet. Participants intending to use an EDI interface were required to first test their ability to send and receive electronic messages in either American National Standards Institute

(ANSI)X12 or United Nations/Directories for Electronic Data Interchange for Administration, Commerce and Transport (UN/EDIFACT) format with CBP. Subsequently, in a **Federal Register** notice published on March 29, 2006 (71 FR 15756), CBP announced a change advising truck carriers that they were no longer required to open ACE Truck Carrier [Portal] Accounts to participate in the ACE test. Specifically, truck carriers were advised that they could elect to use a third party to submit electronic manifest information to CBP via EDI. Truck carriers participating in this fashion do not have access to operational data and do not receive status messages on ACE Accounts, nor do they have access to integrated Account data from multiple system sources. These truck carriers are able to obtain release of their cargo, crew, conveyances, and equipment via EDI messaging back to the transmitter of the information. A truck carrier using a third party to transmit via EDI cargo, crew, conveyance and equipment information to CBP is required to have a Standard Carrier Alpha Code (SCAC). Any truck carrier with a SCAC may arrange to have a third party transmit manifest information to CBP via EDI consistent with the requirements of the ACE Truck Manifest Test. Due to limited functionality available via the portal at that time, truck carriers were advised that if they elected to use a third party to transmit the truck manifest information to CBP via the ACE portal (rather than EDI), the truck carrier who is submitting that information to the third party (for transmission to CBP) would be required to have an ACE Truck Carrier Account as described in the February 4, 2004, notice. In a notice published in the **Federal Register** on March 15, 2007 (72 FR 12181), CBP announced that truck carriers participating in the ACE portal test and electing to use third parties to submit manifest information to CBP via the ACE portal are no longer required to have ACE portal accounts. Thus, truck carriers without ACE portal accounts, while participating in the test of the ACE truck manifest system, may now use third parties (such as Customs brokers or other truck carriers) with ACE portal accounts to electronically transmit truck manifest information, via the ACE portal, on their behalf. Release Types Previously, CBP did not possess the capability for the electronic release of cargo off the manifest for certain release types. Now, through the collection of cargo information through ACE, electronic release of the cargo can be accommodated for the following release types: General Note 1 Exemptions as provided in General Note 3(e) of the Harmonized Tariff Schedules of the United States; Free of Duty; Unaccompanied Goods; and Free Returned U.S. Goods. When applicable, the appropriate CBP forms, noted below in parenthesis for each release type, and supporting documentation are required to effectuate release of the cargo. General Note 1 Exemptions A General Note 1 Exemption release can be used for goods imported into the customs territory of the United States that are exempt from the provisions of the tariff schedule per General Note 3(e) of the Harmonized Tariff Schedule of the United States. Such goods qualifying for this exemption are as follows: Corpses, together with their coffins and accompanying flowers; telecommunications transmissions; records, diagrams and other data with regard to any business, engineering or exploration operation whether on paper; cards, photographs, blueprints, tapes or other media; articles returned from space within the purview of section 484a of the Tariff Act of 1930; articles exported from the United States which are returned within 45 days after such exportation from the United States as undeliverable and which have not left the custody of the carrier or foreign customs service; and any aircraft part or equipment that was removed from a United States-registered aircraft while being used abroad in international traffic because of accident, breakdown, or emergency, that was returned to the United States within 45 days after removal, and that did not leave the custody of the carrier or foreign customs service while abroad. Free of Duty (CBP Form 7523) Pursuant to the provisions of 19 CFR 143.23(d), a CBP Form 7523 (Free of Duty) can be used for the release of shipments not exceeding $2,000 in value which are either unconditionally free of duty and not subject to any quota or internal revenue tax, or are conditionally free and all conditions for free entry are met at the time of entry. Pursuant to the provisions of 19 CFR 143.23(g), shipments, regardless of value, which are imported for noncommercial purposes which qualify for entry free of duty under the Generalized System of Preferences and for which informal entry may be made can be released on a CBP Form 7523. Unaccompanied Goods (CBP Form 3299) A CBP Form 3299 (Unaccompanied Goods) can be used for the release of effects that are claimed to be free of duty under subheadings 9804.00.10, 9804.00.20, 9804.00.25, 9804.00.35, or 9804.00.45, Harmonized Tariff Schedule of the United States (HTSUS), that do not accompany the importer on his arrival in the United States or are forwarded in bond, pursuant to the provisions of 19 CFR 148.6. It may also be used for release of household effects used abroad and claimed to be free of duty under subheading 9804.00.05, pursuant to the provisions of 19 CFR 148.52, or tools of trade claimed to be free of duty under subheadings 9804.00.10 or 9804.00.15, pursuant to the provisions of 19 CFR 148.53. Free Returned U.S. Goods (CBP Form 3311) A CBP Form 3311 (Free Returned U.S. Goods) release can be used for certain shipments of products of the United States being returned without having been advanced in value or improved in condition abroad in accordance with the provisions of 19 CFR 123.4(c) or 19 CFR 143.23(b) and 19 CFR 10.1. Previous Notices Continue To Be Applicable All of the other aspects of the ACE Truck Manifest Test as set forth in 69 FR 55167, as modified by the General Notice published in the **Federal Register** (70 FR 13514) on March 21, 2005, continue to be applicable. (The March 21, 2005 notice clarified that all relevant data elements are required to be submitted in the automated truck manifest submission.) All of the aspects of the February 4, 2004, notice (69 FR 5360) continue to be applicable, except as revised in this notice. Date: August 15, 2007. Denise Crawford, Acting Assistant Commissioner, Office of Field Operations. [FR Doc. E7-16343 Filed 8-17-07; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Trinity Adaptive Management Working Group AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of meeting. SUMMARY: The Trinity Adaptive Management Working Group (TAMWG) affords stakeholders the opportunity to give policy, management, and technical input concerning Trinity River (California) restoration efforts to the Trinity Management Council (TMC). Primary objectives of the meeting will include discussion of the following topics: Trinity River Restoration Program

(TRRP)budget, channel rehabilitation progress and planning, TRRP science program, Klamath and Trinity river conditions, TRRP decision-making process, TAMWG-TMC communications, and experience with restoration efforts elsewhere. Completion of the agenda is dependent on the amount of time each item takes. The meeting could end early if the agenda has been completed. The meeting is open to the public. DATES: The Trinity Adaptive Management Working Group will meet from 9 a.m. to 5 p.m. on Tuesday, September 11, 2007. ADDRESSES: The meeting will be held at the Weaverville Victorian Inn, 1709 Main St., 299 West, Weaverville, CA 96093. FOR FURTHER INFORMATION CONTACT: Randy A. Brown of the U.S. Fish and Wildlife Service, 1655 Heindon Road, Arcata, CA 95521. Telephone:

(707)822-7201. Randy A. Brown is the working group's Designated Federal Officer. For background information and questions regarding the Trinity River Restoration Program, please contact Douglas Schleusner, Executive Director, P.O. Box 1300, 1313 South Main Street, Weaverville, CA 96093. Telephone:

(530)623-1800. SUPPLEMENTARY INFORMATION: Under section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.), this notice announces a meeting of the Trinity Adaptive Management Working Group (TAMWG). Dated: August 1, 2007. Randy A. Brown, Designated Federal Officer, Arcata Fish and Wildlife Office, Arcata, CA. [FR Doc. E7-16307 Filed 8-17-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CA-160-1220-IU] Notice of Emergency Closure of Public Lands in Tulare County, CA SUMMARY: Notice is hereby given that approximately 560 acres of public lands have been temporarily closed to all public use. This closure is made under the authority of 43 CFR 8364.1 Closure and Restriction Orders. The closed area is in the vicinity of Kaweah, California in Tulare County and is within sections 13, 23, 24, and 26 T. 16S.R.28E. Mount Diablo Baseline and Meridian. All entry will be restricted during this emergency closure to protect persons, property, public lands, and natural resources. Closure signs will be posted at main entry points to this area. Gates and fencing will be installed to exclude vehicular entry and parking. DATES: The emergency closure is effective May 24, 2007 and will remain in effect until the Bakersfield Field Office completes a revision to the current Resource Management Plan and an Activity Plan which will establish permanent rules for the public use of the property. ADDRESSES: Maps of the closure area may be obtained from the Bakersfield Field Office, 3801 Pegasus Drive, Bakersfield, California 93308. Phone

(661)391-6000. FOR FURTHER INFORMATION CONTACT: Diane Simpson

(661)391-6120 or Steve Larson

(661)391-6099. SUPPLEMENTARY INFORMATION: The approximately 560 acres of public land known locally as the Paradise, Advance and Cherry Falls Recreation Sites along North Fork Drive receive a significant amount of public use during the summer months. The existing infrastructure including: the access road; parking areas; and sanitation facilities are inadequate to accommodate the large numbers of visitors thus creating unsafe and unsanitary conditions. The closure is necessary to protect visitors to public lands and public lands and facilities. Overcrowding at these sites creates a dangerous situation and visitors could be trapped if a wildfire started and rapid evacuation was necessary. *Exemptions:* Persons who are exempt from this emergency closure include: Federal, State, or local officials or employees in the scope of their duties; and members of any organized rescue or fire-fighting force in performance of an official duty. *Penalties:* Any person who fails to comply with the provisions of this closure order may be subject to the penalties provided in 43 CFR 8360.0-7, which include a fine not to exceed $1,000 and/or imprisonment not to exceed 12 months. Patricia Gradek, Acting Bakersfield Field Manager. [FR Doc. E7-16334 Filed 8-17-07; 8:45 am] BILLING CODE 4310-40-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CA-169-1220-AL] Notice of Public Meeting, Carrizo Plain National Monument Advisory Committee SUMMARY: In accordance with Federal Land Policy and Management Act of 1976 (FLPMA), the Federal Advisory Committee Act of 1972 (FACA), the National Environmental Policy Act of 1969 (NEPA), and the Code of Federal Regulations (40 CFR 1501.7, 43 CFR 1610.2), the United States Department of the Interior, Bureau of Land Management (BLM), Carrizo Plain National Monument Advisory Committee will meet as indicated below: DATES: The meeting will be held on Saturday, September 22, 2007, at the Carissa Plain Elementary School, located approximately 2 miles northwest of Soda Lake Road on Highway 58. The meeting will begin at 10 a.m. and finish at 5 p.m. The meeting will focus on draft alternatives for the Resource Management Plan/Environmental Impact Statement being developed for the Carrizo Plain National Monument. There will be a public comment period from 3 p.m. to 4 p.m. Lunch will be available for $8. SUPPLEMENTARY INFORMATION: The nine-member Carrizo Plain National Monument Advisory Committee advises the Secretary of the Interior, through the Bureau of Land Management, on a variety of public land issues associated with the public land management in the Carrizo Plain National Monument in Central California. At this meeting, Monument staff will present updated information on the progress on the draft Carrizo Plain National Monument Resource Management Plan and the Environmental Impact Statement (RMP/EIS). Draft alternatives being developed by the Carrizo Managing Partners—BLM, the California Department of Fish and Game and The Nature Conservancy—will be the focus of this meeting. This meeting is open to the public. Depending on the number of persons wishing to comment, and the time available, the time allotted for individual oral comments may be limited. Individuals who plan to attend and need special assistance such as sign language interpretation or other reasonable accommodations should contact BLM as indicated below. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Attention: Johna Hurl, Acting Monument Manager, 3801 Pegasus Drive, Bakersfield, CA 93308. Phone at

(661)391-6093 or e-mail: *jhurl@blm.gov.* Dated: August 14, 2007. David Christy, Public Affairs Officer. [FR Doc. E7-16293 Filed 8-17-07; 8:45 am] BILLING CODE 4310-40-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [OR-HAG 07-0181] Medford District Resource Advisory Committee: Meeting Pursuant to the Federal Advisory Committee Act, the Department of the Interior Bureau of Land Management

(BLM)announces the following advisory committee meeting: *Name* : Medford District Resource Advisory Committee. *Time and Date:* 9 a.m., August 29, 2007. Public Input: 1 p.m.-1:30 p.m. *Place:* Medford District Office, 3040 Biddle Road, Medford, OR 97504. *Status:* Open to the public. *Matters To Be Considered:* The Resource Advisory Committee will consider proposed projects for Title II funding that focus on maintaining or restoring water quality, land health, forest ecosystems, and infrastructure. *Contact Person for More Information:* Program information, meeting records and a roster of Committee members may be obtained from Jim Whittington, 3040 Biddle Road, Medford, OR 97504;

(541)618-2220. The meeting agenda will be posted at *http://www.blm.gov/or/districts/medford/newsroom/index.php* when available. Should you require reasonable accommodation, please contact the BLM Medford District at

(541)618-2200 as soon as possible. Timothy B. Reuwsaat, District Manager, Bureau of Land Management, Medford District. [FR Doc. E7-16298 Filed 8-17-07; 8:45 am] BILLING CODE 4310-33-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [AZ-110-1492-ES; AZA-33679] Notice of Realty Action; Recreation and Public Purposes Act Classification; Arizona AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. SUMMARY: The following public lands in Mohave County, Arizona, have been examined by the Bureau of Land Management

(BLM)and found suitable for classification for lease or conveyance to Mohave Community College under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, 43 U.S.C. 869 *et seq.* , and under Sec. 7 of the Taylor Grazing Act, 43 U.S.C. 315(f), and Executive Order No. 6910. Gila and Salt River Meridian T. 41 N., R. 15 W. Sec. 35, N1/2SE1/4 (area south and east of Interstate 15 only). The area described contains, 40 acres, more or less. The Mohave Community College has not applied for more than the 6,400 acre limitation for recreation uses in a year. The Mohave Community College has submitted a statement in compliance with the regulations at 43 CFR 2741.4(b). The Mohave Community College proposes to use the land as a community college campus. The initial phase of construction will be a single building for several offices and classrooms. Later phases would include additional classrooms, laboratories, vocational instructional areas, faculty and administrative offices, support space, student activity areas, conference centers, performing arts venues, and fields and courts for sports activities. DATES: Submit comments on or before October 4, 2007. ADDRESSES: Detailed information including but not limited to, a proposed development plan and documentation relating to compliance with applicable environmental and cultural resource laws, is available for review at the BLM, Arizona Strip Field Office, 345 E. Riverside Drive, St. George, UT 84790. FOR FURTHER INFORMATION CONTACT: Laurie Ford, Team Lead, 435-688-3271. SUPPLEMENTARY INFORMATION: The lands are not needed for any Federal purposes. Lease or conveyance of the lands for recreational or public purposes use is in conformance with the Arizona Strip District Resource Management Plan and Final Environmental Impact Statement, dated January 1992, as amended, and would be in the public interest. All interested parties will receive a copy of this notice once it is published in the **Federal Register** . The notice will be published in the newspaper of local circulation for three consecutive weeks. The regulations do not require a public meeting. Upon publication of this notice in the **Federal Register** , the lands will be segregated from all other forms of appropriation under the public land laws, including the general mining laws, except for lease or conveyance under the R&PP Act and leasing under the mineral leasing laws. The lease or conveyance of the land, when issued, will be subject to the following terms, conditions, and reservations: 1. A right-of-way thereon for ditches and canals constructed by the authority of the United States Act of August 30, 1890, 26 Stat. 391 (43 U.S.C. 945). 2. Provisions of the R&PP Act and to all applicable regulations of the Secretary of the Interior. 3. All minerals shall be reserved to the United States, together with the right to prospect for, mine and remove the minerals. 4. All valid existing rights documented on the official public land records at the time of lease or patent issuance. 5. CERCLA Term: “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 had been stored for one year or more, nor had any hazardous substances been disposed of or released on the subject property.” 6. Indemnification Term: “All lessees, purchasers, or patentees, by accepting a lease or 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 patentees 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 patentees 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 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. Patentee shall stipulate that it will be solely responsible for compliance with all applicable Federal, State and local environmental and regulatory provisions, throughout the life of the facility, including any closure or post-closure requirements that may be imposed with respect to any physical plant or facility upon the real property under any Federal, State or local environmental laws or regulatory provisions. This covenant shall be construed as running with the above described parcel of land patented or otherwise conveyed by the United States, and may be enforced by the United States in a court of competent jurisdiction. 7. Terms and conditions identified through the site-specific environmental analysis. 8. Those rights granted to Mohave County Board of Supervisors for a road right-of-way AZA-21199. 9. Those rights granted to Rio Virgin Telephone Co. for a telephone line right-of-way AZA-30658. 10. Those rights granted to Thomas Cheney for a road right-of-way AZA-31716. 11. Those rights granted to Dixie Escalante Electric for a power line right-of-way AZA-24946. 12. Those rights granted to Arizona Department of Transportation for a highway and drainage easements right-of-way AZAR-031230. Classification Comments Interested persons may submit comments involving the suitability of the land for development of a community college campus. Comments on the classification are restricted to whether the land is physically suited for the proposal, whether the use will maximize the future use or uses of the land, whether the use is consistent with local planning and zoning, or if the use is consistent with state and Federal programs. Application Comments Interested persons may submit comments regarding the specific use proposed in the application and plan of development, whether the BLM followed proper administrative procedures in reaching the decision, or any other factor not directly related to the suitability of the lands for a community college campus. Any adverse comments will be reviewed by the BLM State Director. In the absence of any adverse comments, the classification will become effective on October 19, 2007. The lands will not be offered for conveyance until after the classification becomes effective. 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 2741.5) Dated: July 19, 2007. Becky J. Hammond, Field Manager. [FR Doc. E7-16333 Filed 8-17-07; 8:45 am] BILLING CODE 4310-32-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [AZ-210-5410-FR-A508; AZA-33810] Notice of Realty Action: Application for Conveyance of Federal Mineral Interests, Maricopa County, AZ AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. SUMMARY: The surface owner of the land described in this notice, aggregating approximately 1.5 acres, has filed an application for the purchase of the federally-owned mineral interests. Publication of this notice temporarily segregates the mineral interest from appropriation under the public land laws, including the mining laws. DATES: Interested persons may submit written comments to the Bureau of Land Management

(BLM)at the address stated below. Comments must be received no later than October 4, 2007. ADDRESSES: Bureau of Land Management, Phoenix District, 21605 North 7th Avenue, Phoenix, Arizona 85027. Detailed information concerning this action is available for review at the above address. FOR FURTHER INFORMATION CONTACT: Matthew Magaletti, Lands and Realty Specialist, at the above address, or at 623-580-5590. SUPPLEMENTARY INFORMATION: The surface owner of the following described land has filed an application pursuant to Section 209 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1719(b), for the purchase and conveyance of the federally-owned mineral interest in the following described land: Gila and Salt River Meridian T. 4 N., R. 2 W., Sec. 10, part of the NE 1/4 more particularly described as follows: Commencing at the Center of said sec. 10; Thence North 00°04′00″ East, coincident with the West Line of the Northeast Quarter of said sec. 10, a distance of 658.13 feet; Thence North 89°58′06″ East, a distance of 40.00 feet to the True Point of Beginning of the parcel herein described; Thence continuing North 89°58′06″ East, a distance of 288.04 feet; Thence South 00°04′00″ West, a distance of 215.00 feet; Thence South 89°58′06″ West, a distance of 288.04 feet to a point on a line which is parallel to and 40.00 feet Easterly of the West Line of the Northeast Quarter of said sec. 10; Thence North 00°04′44″ East, along said parallel line, a distance of 215.00 feet to the True Point of Beginning. The area described contains in area 61,929 Square Feet or 1.422 acres more or less in Maricopa County. Effective immediately, BLM will process the pending application in accordance with the regulations stated in 43 CFR Part 2720. Written comments concerning the application must be received no later than the date specified above in this notice for that purpose. The purpose for a purchase and conveyance is to allow consolidation of surface and subsurface minerals ownership where

(1)There are no known mineral values, or

(2)in those instances where the Federal mineral interest reservation interferes with or precludes appropriate nonmineral development and such development is a more beneficial use of the land than the mineral development. On August 20, 2007, the mineral interests owned by the United States in the above described land will be segregated to the extent that they will not be subject to appropriation under the public land laws, including the mining laws. The segregative effect shall terminate upon issuance of a patent or deed of such mineral interest; upon final rejection of the mineral conveyance application; or August 19, 2009, whichever occurs first. *Comments:* Comments, including names, street addresses, and other contact information of respondents, will be available for public review. Before including your address, telephone 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. All persons who wish to present comments, suggestions, or objections in connection with the pending application may do so by writing to Teresa A. Raml, Phoenix District Manager, at the above mentioned address. (Authority: 43 CFR 2720.1-1(b)) Teresa A. Raml, Phoenix District Manager. [FR Doc. E7-16336 Filed 8-17-07; 8:45 am] BILLING CODE 4310-32-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [AZ-210-5410-FR-A508; AZA-33809] Notice of Realty Action: Application for Conveyance of Federal Mineral Interests, Maricopa County, AZ AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. SUMMARY: The surface owner of the land described in this notice, aggregating approximately 40 acres, has filed an application for the purchase of the federally-owned mineral interests. Publication of this notice temporarily segregates the mineral interest from appropriation under the public land laws, including the mining laws. DATES: Interested persons may submit written comments to the Bureau of Land Management

(1)There are no known mineral values, or

(2)in those instances where the Federal mineral interest reservation interferes with or precludes appropriate nonmineral development and such development is a more beneficial use of the land than the mineral development. On August 20, 2007 the mineral interests owned by the United States in the above described land will be segregated to the extent that they will not be subject to appropriation under the public land laws, including the mining laws. The segregative effect shall terminate upon issuance of a patent or deed of such mineral interest; upon final rejection of the mineral conveyance application; or August 20, 2009, whichever occurs first. *Comments:* Comments, including names, street addresses, and other contact information of respondents, will be available for public review. Before including your address, telephone 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. All persons who wish to present comments, suggestions, or objections in connection with the pending application may do so by writing to Teresa A. Raml, Phoenix District Manager, at the above mentioned address. (Authority: 43 CFR 2720.1-1(b)). Teresa A. Raml, Phoenix District Manager. [FR Doc. E7-16338 Filed 8-17-07; 8:45 am] BILLING CODE 4310-32-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [AZ-210-5410-FR-A508; AZA-33808] Notice of Realty Action: Application for Conveyance of Federal Mineral Interests, Pima County, AZ AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. SUMMARY: The surface owner of the land described in this notice, aggregating approximately 260 acres, has filed an application for the purchase of the Federally-owned mineral interests. Publication of this notice temporarily segregates the mineral interest from appropriation under the public land laws, including the mining laws. DATES: Interested persons may submit written comments to the Bureau of Land Management

(BLM)at the address stated below. Comments must be received no later than October 4, 2007. ADDRESS: Bureau of Land Management, Phoenix District, 21605 North 7th Avenue, Phoenix, Arizona 85027. Detailed information concerning this action is available for review at the above address. FOR FURTHER INFORMATION CONTACT: Matthew Magaletti, Lands and Realty Specialist, at the above address, or at 623-580-5590. SUPPLEMENTARY INFORMATION: The surface owner of the following described land has filed an application pursuant to Section 209 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1719(b), for the purchase and conveyance of the Federally-owned mineral interest in the following described land: Gila and Salt River Meridian T. 4 N., R. 2 E. Sec. 10, SE 1/4 ; Sec. 11, NW 1/4 SW 1/4 , SW 1/4 NE 1/4 SW 1/4 , and E 1/2 NE 1/4 SW 1/4 ; Sec. 14, E 1/2 NE 1/4 NW 1/4 and NE 1/4 NW 1/4 SW 1/4 . The area described contains 260 more or less, in Pima County. Effective immediately, BLM will process the pending application in accordance with the regulations stated in 43 CFR Part 2720. Written comments concerning the application must be received no later than the date specified above in this notice for that purpose. The purpose for a purchase and conveyance is to allow consolidation of surface and subsurface minerals ownership where

(1)There are no known mineral values, or

(2)in those instances where the Federal mineral interest reservation interferes with or precludes appropriate nonmineral development and such development is a more beneficial use of the land than the mineral development. On August 20, 2007 the mineral interests owned by the United States in the above described lands will be segregated to the extent that they will not be subject to appropriation under the public land laws, including the mining laws. The segregative effect shall terminate upon issuance of a patent or deed of such mineral interest; upon final rejection of the mineral conveyance application; or August 19, 2009 whichever occurs first. *Comments:* Comments, including names, street addresses, and other contact information of respondents, will be available for public review. Before including your address, telephone 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. All persons who wish to present comments, suggestions, or objections in connection with the pending application may do so by writing to Teresa A. Raml, Phoenix District Manager, at the above mentioned address. (Authority: 43 CFR 2720.1-1(b)) Teresa A. Raml, Phoenix District Manager. [FR Doc. E7-16346 Filed 8-17-07; 8:45 am] BILLING CODE 4310-32-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CA-690-1430-ES; CA-44393] Notice of Realty Action; Recreation and Public Purposes Act Classification; California AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. SUMMARY: The Bureau of Land Management

(BLM)has examined and found suitable for classification for lease and subsequent conveyance under the provisions of the Recreation and Public Purposes Act (R&PP), as amended (43 U.S.C. 869 *et seq.* ), approximately 55.20 acres of public land in San Bernardino County, California. The Needles Unified School District proposes to use the land for a K-8 public school facility to include an elementary school, administrative offices, classrooms, head start program, daycare facility, a cafeteria, playgrounds, athletic fields, ancillary facilities and parking areas. The site has been designed to accommodate a high school within the proposed project boundary for future community needs. DATES: Submit comments on or before October 4, 2007 to the Field Manager, BLM Needles Field Office, at the address below. ADDRESSES: Bureau of Land Management, Needles Field Office, 1303 South U.S. Highway 95, Needles, California 92363. FOR FURTHER INFORMATION CONTACT: Kathleen O'Connell, Realty Specialist, BLM Needles Field Office,

(760)326-7006. SUPPLEMENTARY INFORMATION: The Needles Unified School District filed an R&PP application for the classification, lease, and subsequent conveyance of the following described 55.20 acres of public land, to be developed for a K-8 public school: That portion of land north of the Colorado River Indian Reservation per retracement resurvey in the unsurveyed portions of sections 30 and 31, T. 1 N., R. 25 E., San Bernardino Meridian, as shown per U. S. Department of the Interior's Bureau of Land Management map, dated April 9, 1981, in the County of San Bernardino, State of California, described as follows: Beginning at a point on the northwesterly reservation line of the Colorado River Indian Reservation, said point being 599.07 feet southeasterly along said reservation line, from the 1981, 12 mile marker (found brass disk), as shown per said map, said point being the beginning of a non-tangent curve concave southerly and having a radius of 340.00 feet, a radial line to said point bears north 07°32′31″east; Thence, northwesterly along said curve through a central angle of 07°32′31″ an arc distance of 44.75 feet; Thence west 1,743.25 feet to the beginning of a tangent curve concave northeasterly having a radius of 50.00 feet; Thence northwesterly along said curve through a central angle of 23°33′23″ an arc distance of 20.56 feet to the beginning of a reverse curve concave southwesterly and southeasterly and having a radius of 70.00 feet, a radial line to said beginning bears south 23°33′23″ west; Thence northwesterly and southerly along said curve through a central angle of 137°06′47″ an arc distance of 178.22 feet to the beginning of a reverse curve concave southwesterly and having a radius of 50.00 feet, a radial line to said beginning bears north 66°27′37″ east; Thence southwesterly along said curve through a central angle of 23°33′23″ and arc distance of 20.56 feet; Thence south 2,385.63 feet to the beginning of a tangent curve concave northeasterly and having a radius of 970.00 feet; Thence southeasterly along said curve through a central angle of 02°15′41″ an arc distance of 38.39 feet to a point on the said northwesterly reservation line of the Colorado River Indian Reservation, a radial line to said point bears north 87°44′19″ east, said point being 1,520.10 feet northeasterly along said northwesterly line, from the 1981, 13 mile marker (found brass disk); Thence northeasterly along said northwesterly reservation line a distance of 1,119.38 feet to the 1981, 12 1/2 mile marker (found brass disk); Thence continuing northeasterly along said northwesterly reservation line a distance of 2,040.81 feet to the point of beginning. This tract as described contains approximately 55.20 acres in San Bernardino County. Leasing and subsequent conveyance of the land to the Needles Unified School District is consistent with current Bureau planning for this area and would be in the public interest. The land is not needed for any Federal purpose. The lease would be issued for an initial term of 10 years to allow sufficient time to develop the planned facilities. The land would be conveyed after substantial development has occurred on the land. The lease and subsequent patent, if issued, will be subject to the provisions of the R&PP Act and applicable regulations of the Secretary of the Interior, and will be subject to the following terms, conditions, and reservations: 1. A right-of-way thereon for ditches or canals constructed by the authority of the United States pursuant to the Act of August 30, 1890 (43 U.S.C. 945). 2. All minerals shall be reserved to the United States, together with the right to prospect for, mine, and remove the minerals under applicable laws and regulations established by the Secretary of the Interior. 3. All valid existing rights. 4. Provisions of the R&PP Act and all applicable regulations of the Secretary of the Interior. 5. The lessee/patentee, its successors or assigns, by accepting a lease/patent, agrees to indemnify, defend, and hold the United States, its officers, agents, representatives, and employees (hereinafter “United States”) harmless from any costs, damages, claims, causes of action, penalties, fines, liabilities, and judgments of any kind or nature arising out of or in connection with the lessee's/patentee's use, occupancy, or operations on the leased/patented real property. This indemnification and hold harmless agreement includes, but is not limited to, acts or omissions of the lessee/patentee and its employees, agents, contractors, lessees, or any third-party arising out of or in connection with the lessee's/patentee's use, occupancy, or operations on the leased/patented real property which cause or give rise to, in whole or in part:

(1)Violations of Federal, state, and local laws and regulations that are now, or may in future become, applicable to the real property and/or applicable to the use, occupancy, and/or operations thereon;

(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 substance(s), pollutant(s), or contaminant(s), and/or petroleum product or derivative of a petroleum product, as defined by Federal and state environmental laws, off, on, into, or under land, property, and other interests of the United States;

(5)other activities by which solid or hazardous substance(s) or waste(s), pollutant(s), or contaminant(s), or petroleum product or derivative of a petroleum product as defined by Federal and state environmental laws, are generated, stored, used, or otherwise disposed of on the leased/patented real property, and any cleanup response, remedial action, or other actions related in any manner to the said solid or hazardous substance(s) or waste(s), pollutant(s), or contaminant(s), or petroleum product or derivative of a petroleum product;

(6)Natural resource damages as defined by Federal and state laws. Lessee/Patentee shall stipulate that it will be solely responsible for compliance with all applicable Federal, state, and local environmental laws and regulatory provisions throughout the life of the facility, including any closure and/or post-closure requirements that may be imposed with respect to any physical plant and/or facility upon the real property under any Federal, state, or local environmental laws or regulatory provisions. In the case of a patent being issued, 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. 6. Terms, covenants, and conditions identified through the applicable environmental analysis or that the authorized officer determines appropriate to ensure public access and the proper use and management of the land. Upon publication of this notice in the **Federal Register** , the public land described above is segregated from all forms of appropriation under the public land laws, including the general mining laws and leasing under the mineral leasing laws, except for lease/conveyance under the Recreation and Public Purposes Act. Interested parties may submit comments regarding the proposed lease/conveyance or classification of the lands until October 4, 2007. Classification Comments Comments on the classification are restricted to the following four subjects:

(1)Whether the land is physically suited for the proposal;

(2)Whether the use will maximize the future use or uses of the land;

(3)Whether the use is consistent with local planning and zoning; and

(4)If the use is consistent with State and Federal programs. Application Comments Interested parties may submit comments regarding the specific use proposed in the application and plan of development, whether the BLM followed proper administrative procedures in reaching its classification decision, or any other factor not directly related to the suitability of the land for R&PP use as a K-8 public school. All submissions from organizations or businesses will be made available for public inspection in their entirety. Individuals, before including your address, telephone 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. In the absence of any adverse comments, the classification of the land described in this notice will become effective October 19, 2007. The land will not be available for lease/conveyance until after the classification becomes effective. (Authority: 43 CFR 2741.5) Dated: August 14, 2007. Robert M. Doyel, Chief, Branch of Lands Management (CA-930). [FR Doc. E7-16289 Filed 8-17-07; 8:45 am] BILLING CODE 4310-40-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CO-800-1430-EU; COC 71056] Notice of Realty Action; Proposed Non-Competitive (Direct) Sale of Public Land, La Plata County, CO AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. SUMMARY: Public lands totaling 2.11 acres, in La Plata County, Colorado, are being considered for direct sale to Indian Shadow Preserve, LP, under the provisions of the Federal Land Policy Management Act of 1976 (FLPMA), at no less than the appraised fair market value. DATES: In order to ensure consideration in the environmental analysis of the proposed sale, comments must be received by October 4, 2007. ADDRESSES: Address all comments concerning this Notice to Pauline E. Ellis, Columbine Field Manager, Bureau of Land Management, 15 Burnett Court, Durango, Colorado 81301. FOR FURTHER INFORMATION CONTACT: Charlie Higby, Realty Specialist, BLM, 15 Burnett Court, Durango, Colorado 81301, or phone

(970)385-1374. SUPPLEMENTARY INFORMATION: The following described public land is being considered for sale on a non-competitive (direct) sale basis to Indian Shadow Preserve, LP, in accordance with Section 203(f)(2) of the Federal Land Policy and Management Act of 1976, (90 Stat. 2750, 43 U.S.C. 1713): New Mexico Principal Meridian T. 35 N., R. 11 W. Sec. 11: lots 2 and 4. The area described contains 2.11 acres in La Plata County. The BLM Columbine Field Manager has determined that a non-competitive (direct) sale will be in the best interest of the public in facilitating overall administration of public lands in the vicinity of the sale parcel. The FLPMA authorizes the use of direct sales of public lands to recognize public policies by giving preference to users such as adjoining land owners. The BLM parcel lacks public access. The parcel varies from 28 feet to 38 feet in width, is approximately 2,600 feet in length, and is bounded on three sides by the private land of the sale proponent. The subject land is administered through the 1985 BLM San Juan/San Miguel Resource Management Plan. Conveyance of title to the parcel will be subject to valid existing rights and encumbrances of record, including but not limited to, rights-of-way for roads and public utilities. Conveyance of any mineral interests pursuant to Section 209 of the FLPMA will be analyzed during processing of the proposed sale. On August 20, 2007 the above-described land will be segregated from appropriation under the public land laws, including the mining laws, except the sale provisions of the FLPMA. The segregative effect will terminate upon issuance of a patent, publication in the **Federal Register** of a termination of the segregation, or August 19, 2009, unless extended by the BLM State Director in accordance with 43 CFR 2711.1-2(d) prior to the termination date. Public Comments For a period until October 4, 2007, interested parties and the general public may submit in writing any comments concerning the lands being considered for sale, including notification of any encumbrances or other claims relating to the identified lands, to Pauline E. Ellis, BLM Columbine Field Office, 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 by October 4, 2007. Comments transmitted via e-mail will not be accepted. 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 addresses of respondents, will be available for public review at the BLM Columbine Field Office during regular business hours, except holidays. (Authority: 43 CFR 2711.1-2) Pauline E. Ellis, Columbine Field Manager. [FR Doc. E7-16352 Filed 8-17-07; 8:45 am] BILLING CODE 4310-JB-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-040-5870-EU; N-80737, 7-08807] Notice of Realty Action: Direct (Non-Competitive) Sale of Public Lands in Lincoln County, NV AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. SUMMARY: The Bureau of Land Management

(BLM)proposes to sell a 217 acre parcel (N-80737) of federally owned lands in Lincoln County, located south of Alamo, Nevada. These public lands have been examined and found suitable for disposal utilizing direct sale procedures. The authority for the sale is established under section 203 and 209 of the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1713 and 1719). DATES: Comments regarding the proposed sale must be received by BLM on or before October 4, 2007. ADDRESSES: Written comments regarding the proposed sale must be submitted to: Field Manager, BLM Las Vegas Field Office, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130. FOR FURTHER INFORMATION CONTACT: You may contact the Las Vegas Field Office at

(702)515-5000 from 7:30 a.m. to 4:30 p.m., Monday through Friday (except Federal holidays), and ask to have your call directed to Manuela Johnson, Realty Specialist. SUPPLEMENTARY INFORMATION: Parcel N-80737 (Parcel A) is located south of Alamo, Nevada and will be offered for sale utilizing non-competitive (direct sale) procedures in Lincoln County. Mount Diablo Meridian, Nevada T. 07 S., R. 61 E., (Parcel A)—Non-competitive Section 9, NW 1/4 and N 1/2 SW 1/4 ; Section 8, NE 1/4 . The area described contains 217 acres, more or less in Lincoln County. This parcel of public land is proposed for sale to Lincoln County, Nevada at no less than the appraised fair market value

(FMV)as determined by the authorized officer after appraisal. Current appraisal for the parcel will be available for public review at the LVFO. As stated, parcel A is proposed for sale subject to the applicable provisions of sections 203 and 209 of the FLPMA, as well as regulations at 43 CFR Parts 2710 and 2720. The sale disposal is carried out in accordance with section 205 of the Federal Land Transaction Facilitation Act of July 25, 2000 (FLTFA) (43 U.S.C. 2304), in which the proceeds from the sale of the lands will be deposited into the Federal Land Disposal Account. Consistent with the FLPMA section 203, the tract of public lands may be sold as a result of approved land use planning if the sale of the tract meets the disposal criteria. These lands are identified as suitable for disposal in the BLM Caliente Management Framework Plan approved July 14, 1980, and the Caliente Management Framework Plan Amendment (MFP Amendment) and Record of Decision for the Management of Desert Tortoise Habitat, approved on September 19, 2000. The identified lands are not needed for any Federal purpose. The proposed disposal action is consistent with the objectives, goals, and decisions of the MFP Amendment, and would be in the public interest. The MFP Amendment and Record of Decision for the Management of Desert Tortoise Habitat provides that a maximum of 16,926 acres of desert tortoise habitat outside of areas of critical environmental concern (ACECs) and designated critical habitat may be disposed of through the appropriate laws. The U.S. Fish and Wildlife Service Biological Opinion

(BO)for the Amendment (Appendix B) states that the actions proposed for implementation including land disposal are not likely to jeopardize the continued existence of the threatened Mojave population of desert tortoise. This disposal is in accordance with the MFP decision L-4. According to the MFP Amendment, lands identified within desert tortoise habitat, but outside designated ACECs/Desert Wildlife Management Areas (DWMAs), and critical habitat may be conveyed for community expansion and public projects. The above described lands fall outside the ACEC/DWMAs and critical habitat. They lie within the 16,926 acres and are available for sale. Once lands are transferred from public to private ownership, actions that may impact desert tortoise would be covered under section 10 of the Endangered Species Act. This sale also meets the criteria found in Title 43 CFR 2710.0-3(a)(2) which states “Disposal of such tract shall serve important public objectives, including but not limited to, expansion of communities and economic development which cannot be achieved prudently or feasibly on lands other than public lands and which outweigh other public objectives and values, including, but not limited to, recreation and scenic values, which would be served by maintaining such tract in Federal ownership.” The City of Alamo needs these lands to promote community expansion and economic development which is prohibited by the lack of private land in Lincoln County. The disposal

(sale)of the lands also meets the criteria found under Title 43 CFR 2710.0-3(a)(3) where “such a tract, 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”. Parcel A is bordered on the west half by private lands and U.S. Highway 93 although physical access is limited due to the terrain. BLM regulations at 43 CFR 2711.3-3(a) provide: “Direct sales (without competition) may be utilized, when in the opinion of the authorized officer, a competitive sale is not appropriate and the public interest would best be served by a direct sale.” Examples include, but are not limited to:

(1)43 CFR 2711.3-3(a)(1) “A tract identified for transfer to State or local government or nonprofit organization” or

(2)43 CFR 2711.3-3(a)(2) “A tract identified for sale that is an integral part of a project of public importance and speculative bidding would jeopardize a timely completion and economic viability of the project.” Direct sale is appropriate for these identified lands because Lincoln County has expressed an interest in purchasing them for the purpose of providing for community expansion and business opportunities. The County has invested substantial resources in planning efforts regarding these opportunities since 1998. The County's ownership of this parcel is vital to the success of a proposed industrial park. At present, this land is without any type of infrastructure that is necessary to attract and support business. Alamo is a remote community and businesses have been unwilling to make the necessary substantial investments in infrastructure due to the uncertainty of a market. As a result, the responsibility for providing this infrastructure will fall to Lincoln County. Lincoln County has explored a number of grant opportunities to partially fund the infrastructure investment necessary. To receive these grants, however, the county must have title to the land. Therefore it is essential that the County acquire these lands. Speculative bidding could jeopardize the economic viability for the Alamo region. If sold competitively, the lands could be purchased for speculation and remain undeveloped for a period of time. It is in the public benefit to ensure timely development of these lands; that can only be ensured by the County's acquisition of these lands. Less than two percent of the land area in Lincoln County is private. The Town of Alamo is surrounded by BLM-administered land and has no sizeable private land to accommodate economic growth or community expansion. The local economy in Lincoln County has seen little expansion or diversification in the past few decades. Limitations in local employment have resulted in a high rate of young persons who leave the county to seek higher education or employment. While Lincoln County would like these lands to be developed for light manufacturing or industrial use, the County would like to maintain control over location and development of such facilities. Since the issuance of its Overall Economic Development Plan

(OEDP)in August 1998, Lincoln County has been working on the development of this parcel as a priority project. The light manufacturing and related industries were identified in a study by a consulting group. In December 1999, they began working on securing water rights for the project. On April 9, 2001 the Nevada State Engineer granted them a permit for 215.5 acre-feet of groundwater. The Nevada Commission on Economic Development granted Lincoln County $280,000 for land acquisition and another $90,000 for infrastructure improvements. Lincoln County Regional Development Authority (LCRDA) budgeted $75,000 for the Alamo project infrastructure, and received from the Nevada Commission on Economic Development a $20,000 grant to design and implement a Phase II target industry marketing campaign. During the past eight years, Lincoln County has obtained a permit for drilling and pump testing in preparation of a design report and application for groundwater. In 2001, they began to actively market the proposed project to the prospective industry. Because of the lack of available private lands, the County has lost interested prospects for this project. The BLM provided a 30-day comment period for the EA as part of its public involvement. All comments received have been considered and incorporated into the EA and Decision Record. The EA (NV-040-07-35), Decision Record, Environmental Site Assessment, map and approved appraisal report covering the proposed sale, are available for review at the BLM, Las Vegas Field Office, Las Vegas, Nevada. Minerals for this parcel will be reserved in accordance with BLM's approved Mineral Potential Report dated October 5, 2006. Information pertaining to the reservation of minerals specific to the parcel is located in the case file and available for public review at the BLM Las Vegas Field Office (address above) or the Ely Field Office, 702 North Industrial Way, Ely, NV 89301. Sale Segregation Publication of this Notice in the **Federal Register** segregates the subject lands from all appropriations under the public land laws, including the general mining laws, except sale under the Federal Land Policy and Management Act of 1976. The segregation will terminate upon issuance of the patent, upon publication in the **Federal Register** of a termination of the segregation, or August 20, 2009, whichever occurs first. Terms and Conditions The patent issued would contain the following numbered reservations, covenants, terms and conditions: 1. All leasable minerals are reserved to the United States, its permittees, licensees and lessees, together with the right to prospect for, mine, and remove the minerals under applicable law and such regulations as the Secretary of the Interior may prescribe, along with all necessary access and exit rights. 2. A rights-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). 3. The parcel is subject to valid existing rights. 4. Those rights for access road and water pipeline purposes which have been granted to Alamo Sewer & Water, its successors and assigns, by rights-of-way N-26753, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761). 5. Those rights for buried fiber-optic cable purposes which have been granted to Lincoln County Telephone System, its successors and assigns, by rights-of-way N-55053, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761). 6. Those rights for highway purposes which have been granted to Nevada Department of Transportation, its successors and assigns, by rights-of-way N-058197, pursuant to the Act of August 27, 1958 (43 U.S.C. 317(A)). 7. Those rights for irrigation canal purposes which have been granted to Alamo Irrigation Company, its successors and assigns, by rights-of-way NVCC-022589, pursuant to the Act of March 3, 1891 (43 U.S.C. 946-951). 8. Those rights for water facility purposes which have been granted to Lincoln County Commissioners, its successors and assigns, by rights-of-way N-63392, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761). 9. The purchaser/patentee, the County of Lincoln, Nevada 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;

(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. 10. Pursuant to the requirements established by section 120(h) of the Comprehensive Environmental Response, Compensation and Liability Act, 43 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 above-described lands have been examined and no evidence was found to indicate that any hazardous substances has been stored for one year or more, nor had any hazardous substances been disposed of or released on the subject property. The sale parcel is subject to reservations for roads, public utilities and flood control purposes in accordance with the local governing entities' transportation plans. The parcel may also be subject to applications received prior to publication of this Notice of Realty Action if processing the application would have no adverse affect on the marketability or the federally approved fair market value of a parcel. Encumbrances that may appear on the BLM public files for the parcel proposed for sale are available for review during business hours, 7:30 a.m. to 4:30 p.m. PDT, Monday through Friday, at BLM Las Vegas and Ely field offices. No representation, warranty or covenant of any kind, express or implied, will be given or made by the United States, its officers or employees, as to access to or from the above described parcel of land, the title to the land, whether or to what extent the land may be developed, its physical condition or its past, present or potential uses, 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 and local government policies and regulations that would affect the subject lands. 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 or highway will be conveyed as such, and future access acquisition will be the responsibility of the buyer. The approved appraisal report, maps, EA, and other supporting documentation are available for review at the BLM Las Vegas and Ely field offices. Information is also available online at *http://www.nv.blm.gov.* Under 43 CFR 2711.3-1(d) and 2711.3-1(b), a deposit of not less than 20 percent of the federally approved fair market value must be submitted, 30 days from the date of the sale offer, by 4 p.m. PDT at the BLM Las Vegas Field Office. Payment must be made in the form of cash (U.S. dollars), or in the form of a certified check, bank draft, cashier's check, postal money order or any combination thereof, made payable in U.S. dollars to the order of the DOI-Bureau of Land Management. Failure to submit the deposit will result in forfeiture of the sale offer. Remainder of the purchase price must be paid within 180 calendar days following the date of the sale offer. Failure to pay the full price within the 180 days will disqualify the sale offer and cause the entire 20 percent deposit to be forfeited to the BLM, 43 CFR 2711.3-1(d) and 2711.3-3. No exceptions will be made. BLM cannot accept the full price at any time following the expiration of the 180th day after the sale offer. Payment must be received 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 DOI-Bureau of Land Management. Personal checks will not be accepted for the remainder payment. Arrangements for electronic fund transfer to BLM for the balance due shall be made a minimum of two weeks prior to payment. *Public Comments:* The subject parcel of land will not be offered for sale prior to 60 days after publication of this notice of realty action. For a period until October 4, 2007, interested parties may submit written comments to the Field Manager, BLM Las Vegas Field Office, 4701 North Torrey Pines Drive, Las Vegas, NV 89130. Only written comments submitted by postal service or overnight mail will be considered as properly filed. E-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 Nevada State Director, who may sustain, vacate, or modify this realty action and issue a final determination. In the absence of timely filed objections, this realty action will become the final determination of the Department of the Interior. (Authority: 43 CFR 2711.1-2) John F. Ruhs, Field Manager, Ely. [FR Doc. E7-16339 Filed 8-17-07; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-030-1430-EU; N-78083, 7-08808] Notice of Realty Action: Non-Competitive (Direct) Sale of Reversionary Interest, Portion of Recreation and Public Purposes Act Patent Number 27-74-0044; Nevada AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. SUMMARY: The Bureau of Land Management

(BLM)proposes to sell the reversionary interest of the United States held in the 3.75 acres of land patented to Carson City pursuant to the Recreation and Public Purposes (R&PP) Act of June 14, 1926, as amended (43 U.S.C. 869 *et seq.* ), for a public park (N 7325) in Carson City, Nevada. The sale is authorized under the provisions in section 203 of the Federal Land Policy and Management Act (FLPMA) [43 U.S.C. 1713] and applicable regulations found at the 43 Code of Federal Regulations

(CFR)at 2710. DATES: For a period until October 4, 2007, interested parties may submit comments to the Field Manager, BLM Carson City Field Office. ADDRESSES: Detailed information including but not limited to documentation relating to compliance with all applicable environmental and cultural resource laws is available for review at the BLM Carson City Field Office. Address written comments concerning this notice to: Donald T. Hicks, BLM Carson City Field Office Manager, 5665 Morgan Mill Road, Carson City, NV 89701. FOR FURTHER INFORMATION CONTACT: Charles J. Kihm, Realty Specialist, at the address above or call (775)-885-6000. SUPPLEMENTARY INFORMATION: The following described land in Carson City, Nevada, was patented to Carson City pursuant to the R&PP Act of June 14, 1926 (44 Stat. 741, as amended; 43 U.S.C. 869 *et seq.* ), on May 7, 1974, for use as a public park (N 7325). Mount Diablo Meridian, Nevada T. 15 N., R. 20 E. Sec. 1, SW 1/4 SW 1/4 NW 1/4 ; Sec. 2, W 1/2 Lot 2 of NW 1/4 , NE 1/4 , and N 1/2 SE 1/4 ; Sec. 3, E 1/2 Lot 2 of NE 1/4 . T. 16 N., R. 20 E. Sec. 35, SW 1/4 and W 1/2 SE 1/4 . The area described contains 573.22 acres, more or less. Pursuant to the Recreation and Public Purpose (R&PP) Act, the United States retained and continues to hold a reversionary interest in the above described land. If Carson City attempts to transfer the title to, or control over, the land to a for-profit entity, or if the land is devoted to a for-profit use, the land, as stated in the Act, shall revert to the United States (43 U.S.C. 869-2(a)). Carson City proposes to change the use of a 3.75 acre parcel, located wholly within the above described 573.22 acre parcel of land from a city park use to a commercial (for-profit) use. If pursued, this new use would trigger the R&PP Act reverter or require its enforcement. The Federal reversionary interest in 3.75 acres of land in Carson City, Nevada, has been examined and found suitable for non-competitive (direct) sale, at fair market value, to the City of Carson City, Nevada in accordance with the FLPMA. Consequently, Carson City has requested the BLM to sell, pursuant to section 203 of the FLPMA, the following described parcel of land, free and clear of the R&PP Act reversionary interest of the United States: Mount Diablo Meridian, Nevada T. 15 N., R. 20 E. Sec. 2, S 1/2 SW 1/4 SW 1/4 NE 1/4 SE 1/4 , and SE 1/4 SW 1/4 NE 1/4 SE 1/4 . The area described contains 3.75 acres, more or less. Carson City would pay the fair market value of this land in the sum of $510,000, as determined by the BLM authorized officer having taken into account an appraisal, conducted in accordance with the applicable appraisal standards and that assumed the land to be free and clear of the outstanding reversionary interest now held by the United States. Direct sale procedures to Carson City are considered appropriate, in this case, pursuant to 43 CFR 2710.0-6(c)(3)(iii) as the 3.75 acre parcel of land described above was patented previously to Carson City, and transfer of the Federal reversionary interest to any other entity would not protect existing equities in the land. The reversionary interest is not needed for any Federal purpose. The disposal is consistent with the 2001 BLM Carson City Consolidated Resource Management Plan, and would be in the public interest. The commercial use of this parcel would benefit Carson City by allowing resolution of an inadvertent encroachment onto the parcel. Terms And Conditions The conveyance for the reversionary interest of the 3.75 acres will be subject to the provisions of the Federal Land Policy and Management Act and applicable regulations of the Secretary of the Interior, and the land will continue to be subject to the following numbered terms and conditions: 1. The reservation of a right-of-way thereon for ditches or canals constructed by the authority of the United States, Act of August 30, 1890 (26 Stat. 391; 43 U.S.C. 945); 2. All minerals shall be reserved to the United States, together with the right to prospect for, mine and remove such deposits from the same under applicable law and such regulations as the Secretary of the Interior may prescribe, including all necessary access and exit rights; 3. Subject to valid existing rights; 4. A right-of-way for Federal-Aid Highway purposes under Serial No. CC 020801 as authorized under the Act of August 27, 1958, as amended (23 U.S.C. 317); 5. By accepting the sale patent, Carson City, subject to the limitations of law and to the extent allowed by law, shall be responsible for the acts or omissions of its officers, directors and employees in connection with the use or occupancy of the patented real property. Successors-in-interests of the patented real property: Mount Diablo Meridian, Nevada T. 15 N., R. 20 E. Sec. 2, S 1/2 SW 1/4 SW 1/4 NE 1/4 SE 1/4 and SE 1/4 SW 1/4 NE 1/4 SE 1/4 . The area described contains 3.75 acres, more or less. except Carson City, shall indemnify, defend, and hold the United States and Carson City 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 successors-in-interest, excluding Carson City, or its employees, agents, contractors, or lessees, arising out of or in connection with the successor-in-interests, excluding Carson City, 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 successor-in-interests, excluding Carson City, and its employees, agents, contractors, or lessees, 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 or Carson City;

(3)Costs, expenses, or damages of any kind incurred by the United States or Carson City;

(4)Other 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 or Carson City;

(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 parcels of land patented or otherwise conveyed by the United States, and may be enforced against successors-in-interest, excluding Carson City, by the United States or Carson City in a court of competent jurisdiction. No representation, warranty or covenant of any kind, express or implied, will be given or made by the United States, its officers or employees, as to access to or from the above described parcel of land, the title to the land, whether or to what extent the land be developed, its physical condition or its past, present of potential uses. However, to the extent required by law, the sale will be subject to the requirements of section 120(h) of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9620(h)). Comments must be received by the BLM Carson City Field Office Manager at the address above, on or before the date noted in the DATES section above. 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 by 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. Facsimiles, telephone calls, and electronic mails are unacceptable means of notification. Any adverse comments regarding the proposed action will be reviewed by the State Director, who may sustain, vacate or modify this realty action. The lands will not be offered for sale until at least 60 days after the date of publication of this notice in the **Federal Register** . Authority: 43 CFR 2711.1-2(a) and (c). Donald T. Hicks, Manager, Carson City Field Office. [FR Doc. E7-16340 Filed 8-17-07; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-040-5870-EU; N-80738, 7-08807] Notice of Realty Action: Competitive Sale of Public Lands in Lincoln County, NV AGENCY: Bureau of Land Management, Department of the Interior. ACTION: Notice of realty action. SUMMARY: The Bureau of Land Management

(BLM)proposes to offer for sale competitively one parcel of federally owned land in Lincoln County located southeast of Alamo, Nevada, which totals approximately 159 acres, more or less. The sale is authorized under sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (FLPMA) 43 U.S.C. 1713 and 1719, respectively. DATES: Comments regarding the proposed sale must be received by BLM on or before October 4, 2007. N-80738 (Parcel B) will be offered for sale at a public auction on October 16, 2007. Registration for oral bidding will begin at 9 a.m., PDT, and the public auction will begin at 11 a.m., PDT. ADDRESSES: Written comments regarding the proposed sale and Environmental Assessment

(EA)must be submitted by postal service or overnight mail to: Field Manager, Bureau of Land Management, Las Vegas Field Office, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130. More detailed information regarding the proposed sale and the lands involved may be reviewed during normal business hours (7:30 a.m. to 4:30 p.m.) at the BLM Las Vegas Field Office (LVFO). Information is also available on the BLM Web site at *http://www.nv.blm.gov.* Pre-registration for oral bidding before the day of the sale may be done at the LVFO. The location for sale day registration and the public auction will be at the Rapport Executive Retreat, 1 JFDI Way, Alamo, Nevada. FOR FURTHER INFORMATION CONTACT: You may contact the LVFO at

(702)515-5000 from 7:30 a.m. to 4:30 p.m., Monday through Friday (except Federal holidays), and ask for Manuela Johnson, realty specialist. For general information on BLM's public land sale procedures, refer to the following Web address: *http://www.blm.gov/nhp/what/lands/realty/tenure/sale.htm.* SUPPLEMENTARY INFORMATION: Parcel N-80738 (Parcel B) is located southeast of Alamo, Nevada. Mount Diablo Meridian, Nevada T. 7 S., R. 61 E. Section 9, NE 1/4 . The area described contains 159 acres, more or less, in Lincoln County. This parcel of public land is proposed for competitive sale at no less than the appraised fair market value

(FMV)as determined by the authorized officer after appraisal. Current appraisal for the parcel will be available for public review at the LVFO. As stated, Parcel B is proposed for sale subject to the applicable provisions of sections 203 and 209 of the FLPMA, as well as the BLM land sale and mineral conveyance regulations at 43 Code of Federal Regulations

(CFR)Parts 2710 and 2720. Consistent with the FLPMA Section 203, the tract of public lands may be sold as a result of approved land use planning; the sale of the tract meets the disposal criteria. The sale is in accordance with provisions at 43 CFR 2710.0-3(2), which state “Disposal of such tract shall serve important public objectives, including but not limited to, expansion of communities and economic development, which cannot be achieved prudently or feasibly on lands other than public lands and which outweigh other public objectives and values, including, but not limited to, recreation and scenic values, which would be served by maintaining such tract in Federal ownership,” and 43 CFR 2710.0-3(3), where “such a tract, 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 disposal would be carried out in accordance with section 205 of the Federal Land Transaction Facilitation Act of July 25, 2000 (FLTFA) (43 U.S.C. 2304), in which the proceeds from the sale of the lands would be deposited into the Federal Land Disposal Account. These lands are identified as suitable for disposal in the BLM Caliente Management Framework Plan approved July 14, 1980 and the Caliente Management Framework Plan Amendment (MFP Amendment) and Record of Decision

(ROD)for the Management of Desert Tortoise Habitat, approved September 19, 2000. The proposed disposal action is consistent with the objectives, goals, and decisions of the MFP Amendment. The identified lands are not needed for any Federal purpose. The MFP Amendment and ROD provide that a maximum of 16,926 acres of desert tortoise habitat outside areas of critical environmental concern

(ACEC)may be disposed through the appropriate land laws as identified by the U.S. Fish and Wildlife Service (USFWS) under the biological opinion

(BO)for the Amendment. The identified lands are not needed for any Federal purpose, and their disposal would be in the public interest.” This disposal is in accordance with the MFP L-4 and BO decision. According to the MFP Amendment, lands identified within desert tortoise habitat, but outside of designated Areas of Critcal Environmental Concern/Desert Wildlife Management Areas (ACEC/DWMAs), may be conveyed for community expansion and public projects. The above described lands fall outside the ACEC/DWMAs. The lands are among the maximum 16,926 acres available for sale. Lands may be conveyed prior to having a USFWS-approved habitat conservation plan in place. The BLM provided a 30-day comment period for the EA as part of its public involvement. All comments received have been considered and incorporated into the EA and decision record. The EA, number NV-040-07-35, Decision Record, Environmental Site Assessment, map and approved appraisal report covering the proposed sale, are available for review at the BLM LVFO in Las Vegas, Nevada. Sale Segregation Publication of this Notice in the **Federal Register** segregates the subject lands from all appropriations under the public land laws, including the general mining laws, except sale under the Federal Land Policy and Management Act of 1976. The segregation will terminate upon issuance of the patent, upon publication in the **Federal Register** of a termination of the segregation or August 20, 2009, whichever occurs first. Terms And Conditions The patent issued would contain the following numbered reservations, covenants, terms and conditions: 1. All leasable minerals are reserved to the United States, its permittees, licensees and lessees, together with the right to prospect for, mine, and remove the minerals under applicable law and such regulations as the Secretary of the Interior may prescribe, along with 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). 3. The parcel is subject to valid existing rights. 4. The parcels are subject to the requirements of Section 120(h) of the Comprehensive Environmental Response, Compensation and Liability Act, as amended (CERCLA) (43 U.S.C. 9620(h)). 5. 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;

(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. No representation, warranty or covenant of any kind, express or implied, will be given or made by the United States, its officers or employees, as to access to or from the above described parcel of land, the title to the land, whether or to what extent the land may be developed, its physical condition or its past, present or potential uses, and the conveyance of any such parcel will not be on a contingency basis. Maps delineating the individual proposed sale parcels are available for public review at the BLM LVFO. Current appraisal for the parcel will be available for public review at the LVFO. If the parcels of land are sold, the locatable mineral interest of no known value therein will be sold simultaneously as part of the sale. The unreserved mineral interest has been determined, prior to the sale, to have no known mineral value pursuant to 43 CFR 2710.2(a). An offer to purchase the parcels at auction will constitute an application for conveyance of the locatable mineral interest. In conjunction with the final payment, the applicant will be required to pay a $50.00 non-refundable filing fee for processing the conveyance of the locatable mineral interests. Bids may be received by sealed bid for the proposed parcel prior to the auction or orally at the public auction. All sealed bids must be received at the LVFO no later than 4:30 p.m., PDT, October 12, 2007. Sealed bid envelopes must be marked on the *front lower left-hand corner:* SEALED BID—DO NOT OPEN and with the BLM serial number N-80738—Parcel B and the sale date October 16, 2007. Bids must not be less than the federally approved FMV. The sealed bid shall be accompanied by a certified check, money order, bank draft, or cashier's check made payable in U.S. dollars to the order of the DOI-Bureau of Land Management, for not less than 10 percent or more than 30 percent of the amount of the bid. The highest qualified sealed bid for the sale parcel will become the starting bid at the oral auction. If no sealed bids are received, oral bidding will begin at the FMV, as determined by the authorized officer. The parcel will be offered for competitive sale by oral auction beginning at 11 a.m., PDT, October 16, 2007, at the Rapport Executive Retreat, 1 JFDI Way, Alamo, Nevada. Interested parties who will not be bidding are not required to register. Interested parties are welcome to observe the process, however, bidders will have preference for seating if it becomes limited. All oral bidders are required to register. Registration for oral bidding will begin at 9 a.m., PDT, on the day of the sale and will end at 11 a.m., PDT. Oral bidders may pre-register by mail or fax by completing the form in the sale folder. Sale folders are available at the BLM LVFO. On the day of the sale, pre-registered bidders must present a photo identification card to receive a bidder number. All other bidders will be asked for additional information along with a photo identification card. A bidder number will be assigned at the completion of registration. Oral bids will be considered only if received at the place of sale and made at least for the FMV as determined by the authorized officer. The highest qualifying bid for the parcel, whether sealed or oral, will be declared the high bid. The apparent high bidder, if an oral bidder, must submit the full deposit amount to a BLM collection officer at the Rapport Executive Retreat Building by 3 p.m., PDT, on the day of the sale, either in the form of cash, personal check, bank draft, cashier's check, money order, or any combination thereof, made payable in U.S. dollars to the order of DOI-Bureau of Land Management, for not less than 20 percent of the amount of the successful bid. The remainder of the full bid price on any parcel, whether sealed or oral, must be paid on or prior to the expiration of 180 calendar days after the competitive sale date in the form of a certified check, money order, bank draft, or cashier's check made payable in U.S. Dollars to the order of the Bureau of Land Management. Personal checks will not be accepted for the remainder payment. Failure to pay the full price on the parcel or prior to expiration of the 180 days will disqualify the apparent high bidder and cause the entire bid deposit to be forfeited to the BLM. The BLM may accept or reject any or all offers or withdraw the parcel of land or interest therein from sale, if, in the opinion of the authorized officer, consummation of the sale would not be fully consistent with the FLPMA or other applicable laws or are determined not to be in the public interest. If not sold, the parcel described above in this notice may be identified for sale at a later date and/or at another location without further legal notice. Upon publication of this notice and until completion of the sale, the BLM is no longer accepting land use applications affecting the parcel identified for sale. However, land use applications may be considered after completion of the sale if the parcel is not sold through the sealed or oral bidding procedures, provided the authorization will not adversely affect the marketability or value of the parcel. Federal law requires bidders to be United States citizens 18 years of age or older, a corporation 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 including, but not limited to, associations or partnerships capable of holding property or interests therein under the laws of the State of Nevada (see 43 CFR 2711.2). Certification of qualification, including United States citizenship status, must accompany the bid deposit. In order to determine the value, through appraisal of the parcel of land proposed to be sold, 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 NORA, 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 all applicable local government policies, laws and regulations that would affect 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 use of nearby properties. When conveyed out of federal ownership, the lands will be subject to any applicable reviews and approvals by the respective unit of local government for proposed future uses, and any such reviews and approvals will be the 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. Detailed information concerning the sale, including the reservations, sale procedures and conditions, CERCLA and other environmental documents, is available for review at the BLM LVFO or by calling

(702)515-5224. *Public Comments:* The general public and interested parties may submit comments regarding the proposed sale and EA to the Field Manager, BLM LVFO. Comments must be received by the BLM no later than October 4, 2007. Only written comments submitted by postal service or overnight mail will be considered as properly filed. E-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. BLM will not consider any anonymous comments. Comments will be reviewed by the BLM Nevada State Director, who may sustain, vacate, or modify this realty action in whole or in part. (Authority: 43 CFR 2711.1-2(a) and (c)) John F. Ruhs, Ely Field Manager. [FR Doc. E7-16341 Filed 8-17-07; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-050-5853-ES; N-79952, N-79953, N-79957, N-80959, N-80961, N-80963, N-80964, and N-80966; 7-08807] Notice of Realty Action: Lease/Conveyance for Recreation and Public Purposes, Clark County, NV AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. SUMMARY: The Bureau of Land Management

(BLM)has examined and found suitable for classification for lease and subsequent conveyance under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended, approximately 207.15 acres of public land in Las Vegas, Clark County, Nevada. The Clark County School District proposes to use the lands for nine public schools. This land disposal action has been coordinated with Clark County, in whose jurisdiction such lands are located for joint selection purposes pursuant to Sec. 4(d)(1) of the Southern Nevada Public Lands Management Act, Pub. L. 105-263, (112 Stat. 2345). DATES: Interested parties may submit comments regarding the proposed lease/conveyance of the lands until October 4, 2007. ADDRESSES: Please submit comments to: Field Manager, BLM Las Vegas Field Office, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130-2301. FOR FURTHER INFORMATION CONTACT: Kim Liebhauser,

(702)515-5088. SUPPLEMENTARY INFORMATION: In response to eight applications submitted by the Clark County School District, the BLM has examined and found suitable for classification for lease or subsequent conveyance for recreational or public purposes under the provisions of the R&PP Act, as amended (43 U.S.C. 869 *et seq.* ). These eight parcels of land are in the Las Vegas Valley and are classified accordingly and described below: Mount Diablo Meridian, Nevada

(1)*Middle school (N-79952):* T. 19 S., R. 60 E. Sec. 18, N 1/2 SW 1/4 NE 1/4 . The area described contains 20 acres. General location: northwestern part of valley southwest of the intersection of Gilcrease Avenue and Tee Pee Lane.

(2)*Elementary school (N-79953):* T. 22 S., R. 60 E. Sec. 14, E 1/2 SW 1/4 NE 1/4 SW 1/4 , W 1/2 SE 1/4 NE 1/4 SW 1/4 , and SE 1/4 SE 1/4 NE 1/4 SW 1/4 . The area described contains 12.5 acres. General location: southwestern part of valley northwest of the intersection of Torrey Pines Drive and Ford Avenue.

(3)*Middle school (N-79957):* T. 23 S., R. 61 E. Sec. 4, lots 6 and 7, and SW 1/4 NW 1/4 NE 1/4 . The area described contains 19.65 acres. General location: southern part of the valley southeast of the intersection of Starr Avenue and Gilespie Street.

(4)*Middle school (N-80959):* T. 22 S., R. 60 E. Sec. 24, W 1/2 NE 1/4 SE 1/4 . The area described contains 20 acres. General location: southwestern part of the valley southeast of the intersection of Serene Avenue and Edmond Street.

(5)*Elementary school (N-80961):* T. 22 S., R. 60 E. Sec. 24, E 1/2 SW 1/4 NW 1/4 SW 1/4 , NW 1/4 SE 1/4 NW 1/4 SW 1/4 , and E 1/2 SE 1/4 NW 1/4 SW 1/4 . The area described contains 12.5 acres. *General location:* southwestern part of the valley generally northeast of the intersection of Jones Boulevard and Richmar Avenue.

(6)*Elementary school (N-80963):* T. 22 S., R. 60 E. Sec. 36, E 1/2 NE 1/4 SE 1/4 SE 1/4 and E 1/2 SE 1/4 SE 1/4 SE 1/4 . T. 22 S., R. 61 E. Sec. 31, W 1/2 NW 1/4 NW 1/4 SW 1/4 SW 1/4 , W 1/2 SW 1/4 NW 1/4 SW 1/4 SW 1/4 , W 1/2 NW 1/4 SW 1/4 SW 1/4 SW 1/4 , and W 1/2 SW 1/4 SW 1/4 SW 1/4 SW 1/4 . The area described contains 15 acres. *Middle school* T. 22 S., R. 61 E. Sec. 31, E 1/2 SW 1/4 SW 1/4 , E 1/2 NW 1/4 SW 1/4 SW 1/4 , E 1/2 SW 1/4 SW 1/4 SW 1/4 , E 1/2 NW 1/4 NW 1/4 SW 1/4 SW 1/4 , E 1/2 SW 1/4 NW 1/4 SW 1/4 SW 1/4 , E 1/2 NW 1/4 SW 1/4 SW 1/4 SW 1/4 , and E 1/2 SW 1/4 SW 1/4 SW 1/4 SW 1/4 . The area described contains 35 acres. General location: southwestern part of the valley northeast of the intersection of Starr Avenue and Decatur Boulevard.

(7)*High school (N-80964):* T. 20 S., R. 60 E. Sec. 6, N 1/2 SW 1/4 SE 1/4 and NE 1/4 SE 1/4 SW 1/4 SE 1/4 . The area described contains 22.5 acres. General location: northwestern part of the valley southeast of the intersection of Grand Canyon Drive and Hickam Avenue.

(8)*High school (N-80966):* T. 22 S., R. 60 E. Sec. 28, SW 1/4 NE 1/4 and NW 1/4 SE 1/4 SE 1/4 . The area described contains 50 acres. General location: southwestern part of the valley northeast of the intersection of Cactus Avenue and Cimarron Road. The areas described above aggregate approximately 207.15 acres in Clark County, Nevada. The lands are not required for any Federal purpose. The lease or conveyance is in conformance with the BLM Las Vegas Resource Management Plan

(RMP)dated October 5, 1998. The RMP has been reviewed and it has been determined the proposed action is in conformance with the land use plan decision LD-1. The lease or conveyance, when issued, will be subject to the provisions of the R&PP Act and applicable regulations of the Secretary of the Interior and will contain the following reservations to the United States: 1. A right-of-way thereon for ditches and canals constructed by the authority of the United States, Act of August 30, 1890 (43 U.S.C. 945); and 2. All minerals together with the right to prospect for, mine and remove such deposits from the same under applicable law and such regulations as the Secretary of the Interior may prescribe. The lease/conveyance will be subject to:

(1)Valid and existing rights.

(2)N-79952—(a) A right-of-way for water distribution system purposes granted to the Las Vegas Valley Water District, its successors or assigns, by right-of-way N-77494, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761;

(b)A right-of-way for road, drainage, and sewer pipeline purposes granted to the City of Las Vegas, its successors or assigns, by right-of-way N-76605, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761;

(c)A right-of-way for road, drainage, and sewer pipeline purposes granted to the City of Las Vegas, its successors or assigns, by right-of-way N-76812, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761;

(d)A right-of-way for underground telephone facility purposes granted to the Central Telephone Company, its successors or assigns, by right-of-way N-76336, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761;

(e)A right-of-way for underground power distribution line purposes granted to the Nevada Power Company, its successors or assigns, by right-of-way N-76130, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761;

(f)A right-of-way for underground telephone facility purposes granted to the Central Telephone Company, its successors or assigns, by right-of-way N-75583, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761; and

(g)A right-of-way for a water distribution system purposes granted to the Las Vegas Valley Water District, its successors or assigns, by right-of-way N-62751, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761.

(3)N-79953—there are no existing encumbrances.

(4)N-79957—(a) A right-of-way for road and drainage purposes granted to Clark County, its successors or assigns, by right-of-way N-76983, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761;

(b)A right-of-way for underground water pipeline purposes granted to the Las Vegas Valley Water District, its successors or assigns, by right-of-way N-76313, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761;

(c)A right-of-way for road and drainage purposes granted to Clark County, its successors or assigns, by right-of-way N-76131, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761;

(d)A right-of-way for sewer pipeline purposes granted to the Clark County Water Reclamation District, its successors or assigns, by right-of-way N-75027, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761;

(e)A right-of-way for road and drainage purposes granted to Clark County, its successors or assigns, by right-of-way N-63015, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761;

(f)A right-of-way for underground power distribution line purposes granted to the Nevada Power Company, its successors or assigns, by right-of-way N-54967, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761; and

(g)A right-of-way for underground telephone facility purposes granted to the Central Telephone Company, its successors or assigns, and Nevada Power Company, its successors or assigns, by right-of-way N-30971, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761.

(5)N-80959—(a) A right-of-way for road and drainage purposes granted to Clark County, its successors or assigns, by right-of-way N-75197, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761;

(b)A right-of-way for road and drainage purposes granted to Clark County, its successors or assigns, by right-of-way N-59342, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761; and

(c)A right-of-way for underground telephone facility purposes granted to the Central Telephone Company, its successors or assigns, and Nevada Power Company, its successors or assigns, by right-of-way N-27608, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761.

(6)N-80961—(a) A right-of-way for road and drainage purposes granted to Clark County, its successors or assigns, by right-of-way N-80627, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761; and

(b)A right-of-way for above and underground power facility purposes granted to the Nevada Power Company, its successors or assigns, by right-of-way N-81386, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761.

(7)N-80963—(a) A right-of-way for road and drainage purposes granted to Clark County, its successors or assigns, by right-of-way N-65870, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761.

(8)N-80964—(a) A right-of-way for underground water pipeline purposes granted to the Las Vegas Valley Water District, its successors or assigns, by right-of-way N-60844, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761;

(b)A right-of-way for road and drainage purposes granted to Clark County, its successors or assigns, by right-of-way N-46505, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761;

(c)A right-of-way for underground distribution line purposes granted to the Nevada Power Company, its successors or assigns, by right-of-way N-60562, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761;

(d)A right-of-way for road and drainage purposes granted to Clark County, its successors or assigns, by right-of-way N-60735, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761; and

(e)A right-of-way for underground telephone facility purposes granted to the Central Telephone Company, its successors or assigns, by right-of-way N-66793, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761.

(9)N-80966—(a) A right-of-way for natural gas pipeline purposes granted to the Southwest Gas Corporation, its successors or assigns, by right-of-way N-77953, pursuant to the Act of February 25, 1920, 41 Stat. 0437, 30 U.S.C. 185 sec. 28;

(b)A right-of-way for sewer system purposes granted to the Clark County Water Reclamation District, its successors or assigns, by right-of-way N-77199, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761;

(c)A right-of-way for underground water pipeline purposes granted to the Las Vegas Valley Water District, its successors or assigns, by right-of-way N-77507, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761; and

(d)A right-of-way for drainage purposes granted to Clark County, its successors or assigns, by right-of-way N-77084, pursuant to the Act of October 21, 1976, 90 Stat. 2776, 43 U.S.C. 1761. Additional detailed information concerning this action is available for review at the BLM Las Vegas Field Office. On August 20, 2007, the above described land will be segregated from all other forms of appropriation under the public land laws, including the general mining laws, except for lease or conveyance under the R&PP Act, leasing under the mineral leasing laws, and disposal under the mineral material disposal laws. *Classification Comments:* Interested parties may submit comments involving the suitability of the land for R&PP sites. Comments on the classification are restricted to whether the land is physically suited for the proposal, whether the use will maximize the future use or uses of the land, whether the use is consistent with local planning and zoning, or if the use is consistent with State and Federal programs. *Application Comments:* Comments, including names and addresses of respondents, will be available for public review. Interested parties may submit comments regarding the specific use proposed in the applications and plans of development, whether the BLM followed proper administrative procedures in reaching the decision to lease or convey under the R&PP Act, or any other factor not directly related to the suitability of the lands for public school sites. Facsimiles, telephone calls, and electronic mails are unacceptable means of notification. 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 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, the classification will become effective on October 19, 2007. The lands will not be available for lease or conveyance until after the classification becomes effective. (Authority: 43 CFR 2741.5) Mark R. Chatterton, Assistant Field Manager, Non-Renewable Resources, Las Vegas, NV. [FR Doc. E7-16344 Filed 8-17-07; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-030-5870-EU; N-82710, N-82711; 7-08807] Notice of Realty Action: Segregation of Public Land for Proposed Sale in Lyon County, NV AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. SUMMARY: Two parcels of public lands totaling 998.2 acres in Lyon County, Nevada, are being considered for sale under the authority of Section 203 of the Federal Land Policy and Management Act of 1976 (FLPMA) 43 U.S.C. 1713. This Notice of Realty Action

(NORA)is to provide for the segregation of lands being considered for sale for a period of up to 2 years. DATES: Comments regarding the NORA must be received by October 4, 2007. ADDRESSES: Address comments to: Donald T. Hicks, BLM Carson City Field Office, 5665 Morgan Mill Road, Carson City, NV 89701. FOR FURTHER INFORMATION CONTACT: Fred Slagle,

(775)885-6115. SUPPLEMENTARY INFORMATION: The following described public lands in Lyon County are located southwest (sec. 22) and south (sec. 36) of Fernley, Nevada. Mount Diablo Meridian, Nevada T. 20 N., R. 24 E. Sec. 22, lots 1 to 6, inclusive, NE 1/4 , E 1/2 NW 1/4 , E 1/2 SW 1/4 , and W 1/2 SE 1/4 . Sec. 36, E 1/2 NE 1/4 NE 1/4 , NW 1/4 NE 1/4 NE 1/4 , N 1/2 NW 1/4 NE 1/4 , and W 1/2 . The areas described aggregate 998.2 acres, more or less, in Lyon County. The 2001 BLM Carson City Consolidated Resource Management Plan

(RMP)identifies these public lands as suitable for disposal; therefore the sale meets the disposal qualification of Section 205 of the Federal Land Transaction Facilitation Act of July 25, 2000, 43 U.S.C. 2304. Conveyance of the identified public land will be subject to valid existing rights and encumbrances of record, including but not limited to, rights-of-way for roads and public utilities. Conveyance of any mineral interests pursuant to Section 209 of the FLPMA will be analyzed during processing of the proposed sale. On August 20, 2007, the above-described lands will be segregated from appropriation under the public land laws, including the mining laws, except the sale provisions of the FLPMA. Until completion of the sale, the BLM is no longer accepting land use applications affecting the identified public land, except applications for the amendment of previously-filed right-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 on August 20, 2009, unless extended by the BLM State Director in accordance with 43 CFR 2711.1-2(d) prior to the termination date. Comments should concern the lands being considered for sale, including notification of any encumbrances or other claims relating to the identified lands. To ensure consideration in the environmental analysis of the proposed sale, comments must be in writing. Comments transmitted via telephone, fax, or e-mail will not be accepted. Comments, including names and street addresses of respondents, will be available for public review at the BLM Carson City Field Office during regular business hours, except holidays. Before including your address, phone number, e-mail, 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. Donald T. Hicks, Manager, Carson City Field Office. [FR Doc. E7-16354 Filed 8-17-07; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [ID-130-1430-EU; DB-G07-1009; IDI-33192] Notice of Realty Action; Non-Competitive (Direct) Sale of Public Land in Owyhee County, ID AGENCY: Bureau of Land Management, Interior. ACTION: Notice of realty action. SUMMARY: A 1,356.55 acre parcel of public land in Owyhee County, Idaho is being considered for non-competitive (direct) sale to Owyhee County under the provisions of the Federal Land Policy Management Act of 1976, at no less than the appraised fair market value. DATES: Comments must be received by October 4, 2007. ADDRESSES: Address all comments concerning this notice to Kelley Moore, BLM, Owyhee Field Office, 20 1st Avenue West, Marsing, Idaho 83639. FOR FURTHER INFORMATION CONTACT: Kelley Moore, Realty Specialist, at the above address or phone

(208)896-5917. SUPPLEMENTARY INFORMATION: The following described public land in Owyhee County, Idaho, has been examined and found suitable for sale utilizing direct sale procedures under the authority of section 203 and section 209 of the Federal Land Policy and Management Act of 1976, (90 Stat. 2750, 43 U.S.C. 1713 and 1719): Boise Meridian, Idaho T. 2 N., R. 4 W., Sec. 20, SW 1/4 NE 1/4 , SE 1/4 NW 1/4 , NE 1/4 SW 1/4 , S 1/2 SW 1/4 , N 1/2 SE 1/4 , SW 1/4 SE 1/4 , and W 1/2 SE 1/4 SE 1/4 ; Sec. 29, lots 1, 2, 3, 4, NW 1/4 , SE 1/4 SW 1/4 , and SW 1/4 SE 1/4 ; Sec. 32, lots 1 to 12, inclusive, W 1/2 NE 1/4 , E 1/2 NW 1/4 , N 1/2 NE 1/4 SW 1/4 , and N 1/2 NW 1/4 SE 1/4 . The area described contains 1,356.55 acres in Owyhee County. The 1999 BLM Owyhee Resource Management Plan identified this parcel of public land as suitable for disposal. On August 20, 2007, the above described land will be segregated from all forms of appropriation under the public land laws, including the mining laws, except the sale provisions of the Federal Land Policy and Management Act (FLPMA). The segregative effect will terminate upon issuance of a patent, publication in the **Federal Register** of a termination of the segregation, or August 20, 2009, whichever comes first. The public land will not be offered for sale until October 19, 2007 at the appraised fair market value of $203,500.00. A copy of the approved appraisal is available at the above address. The patent, if issued, will be subject to the following terms, conditions and reservations:

(1)A reservation to the United States for ditches and canals;

(2)a reservation to the United States of a 175′ wide right-of-way to PacifiCorp Property Management for a 500 kV transmission line, IDI-8875;

(3)a reservation to the United States of a 40′ wide right-of-way to Idaho Power Company for a 69 kV power line, IDBL-056088;

(4)a 2 year reservation for grazing; and

(5)subject to a road right-of-way to Gem Highway District for Sommercamp Road, IDI-22579. This land is being offered by direct sale to Owyhee County pursuant to 43 CFR 2711.3-3 to construct, operate and maintain a municipal solid waste facility (landfill) to serve the residents of Owyhee County and accommodate community growth and expansion. To provide for future landfill space needs, Owyhee County contracted a study to locate a suitable site in the northwest part of the County. A site on public land south of Marsing, Idaho, was recommended. Owyhee County has purchased space in the regional depository and landfill site at the Pickle's Butte landfill in Canyon County, Idaho, but that site is filling up much more quickly than previously projected, resulting in a future landfill space issue for Owyhee County. In the event of a sale, the unreserved mineral interests will be conveyed simultaneously with the sale of the land. These unreserved mineral interests have been determined to have no known mineral value pursuant to 43 CFR 2720.2(a). Acceptance of the sale offer will constitute an application for conveyance of those unreserved mineral interests. The purchaser will be required to pay a $50.00 non-refundable filing fee for conveyance of the available mineral interests. The purchaser will have 30 days from the date of receiving the sale offer to accept the offer and to submit a deposit of 10 percent of the purchase price and the $50.00 filing fee for conveyance of mineral interests. The purchaser must remit the remainder of the purchase price within 180 days from the date the sale offer is received. Payments must be by certified check, postal money order, bank draft or cashiers check payable to the U.S. Department of the Interior—BLM. Failure to meet conditions established for this sale will void the sale and any monies received will be forfeited. Public Comments For a period until October 4, 2007, interested parties and the general public may submit written comments to the BLM Owyhee Field Office at the address above. Comments, including names and street addresses of respondents, will be available for public review at the BLM Owyhee Field Office during regular business hours, except holidays. 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 will be reviewed by the BLM Idaho State Director, who may sustain, vacate, or modify this realty action and issue a final determination. In the absence of any objections, this realty action will become the final determination of the Department of the Interior. (Authority: 43 CFR 2711.1-2(a)) Mark A. Lane, Owyhee Field Manager. [FR Doc. E7-16353 Filed 8-17-07; 8:45 am] BILLING CODE 4310-GG-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY-040-1430-ES; WYW167264] Recreation and Public Purposes (R&PP) Act Classification, Sweetwater County, WY AGENCY: Bureau of Land Management, Department of the Interior. ACTION: Notice of realty action. SUMMARY: The Bureau of Land Management

(BLM)has examined and found suitable for classification for lease or conveyance to the Rock Springs School District Number One under the provisions of the Recreation and Public Purposes Act, as amended, 124.45 acres of public lands in Sweetwater County, Wyoming. The School District proposes to use the land for a public school complex. In association with the proposed schools, playgrounds, parking lots, and athletic fields are proposed. ADDRESSES: Bureau of Land Management, Rock Springs Field Office, 280 Highway 191 North, Rock Springs, Wyoming 82901. DATES: Interested persons may submit written comments to the BLM at the address stated above. Comments must be received by no later than October 4, 2007. FOR FURTHER INFORMATION CONTACT: Eddie Arreola, Realty Specialist, BLM at the address stated above or at 307-352-0243. SUPPLEMENTARY INFORMATION: The following described land has been examined and found suitable for classification for lease or conveyance for a public school complex under the provisions of the Recreation and Public Purposes (R&PP) Act, as amended (43 U.S.C. 869 *et seq.* ), and is hereby classified accordingly: Sixth Principal Meridian T. 19 N., R. 105 W., Sec. 28, lots 3, 4, and 5. The area described contains 124.45 acres in Sweetwater County. In accordance with the R&PP Act, the Rock Springs School District Number One has filed an R&PP application and Plan of Development in which it proposes to use the above described land for a public school complex. The land is not needed for Federal purposes. Lease or conveyance pursuant to the R&PP Act is consistent with the BLM Green River Resource Area Management Plan, dated August 8, 1997, which identifies the land as suitable for disposal for public school purposes. The proposal is in the public interest. The lease or conveyance, when issued, will be subject to the following terms, conditions, and reservations. 1. Provisions of the R&PP Act and to all applicable regulations, policy and guidance, including but not limited to the regulations stated in 43 CFR 2740, of the Secretary of the Interior. 2. Reservation of a right-of-way to the United States for ditches and canals pursuant to the Act of August 30, 1890, 43 U.S.C. 945. 3. All minerals shall be reserved to the United States, together with the right to prospect for, mine and remove the minerals under applicable laws and regulations established by the Secretary of the Interior. 4. Provided, that the land conveyed shall revert to the United States upon finding, and after notice and opportunity for a hearing, that the patentee has not substantially developed the land in accordance with the approved plan of development on or before the day, 5 years after the date of conveyance. 5. All valid existing rights of record, including those documented on the official public land records at the time of lease or patent issuance. 6. Provided, that if the patentee or its successor attempts to transfer title to or control over the land to another, or the land is devoted to a use other than that for which the land was conveyed, without the consent of the Secretary of the Interior or his delegate, or prohibits or restricts, directly or indirectly, or permits its agents, employees, contractors, or subcontractors, including without limitation, lessees, sublessees and permittees, to prohibit or restrict, directly or indirectly, the use of any part of the patented land or any of the facilities whereon by any person because of such person's race, creed, sex, color, or national origin, title shall revert to the United States. Detailed information concerning the proposed action, including but not limited to documentation relating to compliance with applicable environmental and cultural resource laws, is available for review at the BLM, at the address stated above, telephone: 307-352-0243. On August 20, 2007, the above described lands will be segregated from all other forms of appropriation under the public land laws, including the general mining laws, except for lease or conveyance under the R&PP Act and leasing under the mineral leasing laws. Interested parties may submit written comments regarding the proposed lease or conveyance or classification of the land for a public school complex to the Field Manager, BLM Rock Springs Field Office, at the address stated above. Comments must be received by October 4, 2007. *Classification Comments:* Interested parties may submit comments involving the suitability of the land for a public school complex. Comments on the classification are restricted to whether the land is physically suited for the proposal, whether the use will maximize the future use or uses of the land, whether the use is consistent with local planning and zoning, or if the use is consistent with State and Federal programs. *Application Comments:* Interested parties may submit comments regarding the specific use proposed in the application and Plan of Development, whether the BLM followed proper administrative procedures in reaching the decision; or any other factor not directly related to the suitability of the land for a public school complex. *Confidentiality of Comments:* Before including your address, phone number, e-mail address, or other personal identifying information in your comments, 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 comments to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Any adverse comments will be reviewed by the BLM State Director, who may sustain, vacate, or modify this realty action. In the absence of any adverse comments, the classification will become effective October 19, 2007. (Authority: 43 CFR part 2741) Lance Porter, Acting Field Manager. [FR Doc. E7-16345 Filed 8-17-07; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY-070-07-1610-DU] Notice of Intent

(NOI)To Amend the Resource Management Plan for the Buffalo Field Office, Wyoming AGENCY: Bureau of Land Management, Interior. ACTION: Notice of intent. SUMMARY: In accordance with the National Environmental Policy Act of 1969

(NEPA)and the Federal Land Policy and Management Act of 1976 (FLPMA), the Bureau of Land Management

(BLM)Buffalo Field Office, Wyoming, proposes to amend its 1985 Resource Management Plan

(RMP)because of changes in circumstances and proposed actions that may result in changes in the scope of resource uses and/or changes in decisions of the approved plan. The BLM will evaluate the following:

(1)Management guidance for the Fortification Creek area,

(2)Designation of an Area of Critical Environmental Concern

(ACEC)in the Fortification Creek area, and

(3)a potential land exchange with the State of Wyoming to consolidate ownership and facilitate management of the Fortification Creek area. The BLM may consider further land use planning decisions for the area surrounding the proposed ACEC. DATES: Scoping for the proposed plan amendment will commence on the date that this notice is published in the **Federal Register** . The BLM will host several public, open house meetings to provide additional information about the proposed amendment, and identify any additional resource information or concerns. The BLM will announce the dates and locations of public meetings at least 15 days in advance through local news media, Web site announcements, or mailings. Written comments will be accepted for 30 calendar days after the last public meeting. ADDRESSES: Written comments should be submitted to the BLM through any of the following methods: • Web site: *http://www.blm.gov/wy/st/en/info/NEPA/bfodocs/fortification_creek.html* ; • E-mail: *Fort_Crk_WYMail@blm.gov* ; • Fax:

(307)684-1122; • Mail: Fortification Creek RMP Amendment, BLM Buffalo Field Office, 1425 Fort Street, Buffalo, WY 82834; or • By personal delivery to the Buffalo Field Office or at a BLM-hosted public meeting. FOR FURTHER INFORMATION CONTACT: Thomas Bills, Project Manager, BLM Buffalo Field Office, 1425 Fort Street, Buffalo, Wyoming 82834, or by telephone at

(307)684-1133. SUPPLEMENTARY INFORMATION: The Buffalo RMP and associated Environmental Impact Statement

(EIS)were prepared in 1985; the RMP was amended in 2003. The 1985 RMP identified an area of approximately 12,415 acres as having wilderness characteristics and established it as the Fortification Creek (Fort Creek) Wilderness Study Area (WSA). The 1985 RMP also evaluated an area adjacent to the Fort Creek WSA to determine whether it met ACEC relevance and importance criteria, but it did not designate the area as an ACEC in its Record of Decision (ROD). In addition, the 1985 RMP stated that the area surrounding the WSA would require special management. However, it did not specify what resource values were in need of special management, nor did it clearly describe limitations or use restrictions that might be needed to manage those resource values. This RMP amendment process will evaluate resources and issues related to the planning criteria, including the designation of an area surrounding the Fort Creek WSA as an ACEC and the appropriate management actions and use restrictions for the ACEC, if designated. The Fort Creek area is located in Campbell, Johnson, and Sheridan Counties, Wyoming. The purpose of the scoping process is to determine relevant issues that will influence the scope of the environmental analysis and alternatives. Scoping comments will also guide the planning process. The BLM will prepare an associated NEPA document, either an Environmental Assessment

(EA)or an Environmental Impact Statement (EIS), based on scoping comments and issues. The BLM has identified the following preliminary issues: • *Management of the Fort Creek Area.* Should the BLM recommend the area, or a portion of the area, as an ACEC, or should it establish a management area

(MA)with specific goals and objectives? • *Resource Values and Limitations.* If the BLM concludes that some or all of the Fort Creek planning area merit establishment of an ACEC, what resource values and what measures would be appropriate to manage the area and its resources? If the BLM decides that the Fort Creek planning area does not merit ACEC status, the BLM will determine what resources should be evaluated for activities and use limitations within the area: 1. *Uses.* Appropriate use and occupancy of the public lands in the Fort Creek area for energy resources. 2. *Management Activities.* Continue management activities for resource values currently identified in the RMP, or generate new goals and objectives and use limitations for the protection of steep slopes, erosive soils, elk habitat, cultural resources and visual resources. 3. *Landownership Adjustments.* Identify opportunities, if any, to exchange lands with other landowners including the State of Wyoming for the purpose of consolidating public lands and maintaining continuous wildlife habitat. The preliminary land use planning criteria are: 1. The amendment will be in compliance with FLPMA and applicable laws, regulations, and policies. The land use plan amendment process will be governed by the planning regulations at 43 CFR 1610 and BLM Land Use Planning Handbook H-1601-1. 2. The proposed action and alternatives will be analyzed in accordance with NEPA. 3. Lands affected by the proposed plan amendment include public surface and mineral estate managed by the BLM. No decisions will be made relative to non-BLM administered lands or non-federal minerals. 4. Broad-based public participation will be an integral part of the planning process. 5. The plan amendment will recognize all valid existing rights. 6. The BLM will work with cooperating agencies and all other interested groups, agencies, and individuals. The amended RMP will be consistent with existing non-Federal plans and policies, provided the decisions in the existing plans are consistent with the purposes, policies, and programs of Federal law and regulations for public lands. 7. The WSA will continue to be managed under the BLM's Interim Management Policy for Lands under Wilderness Review until Congress either designates all or portions of the WSA as wilderness or releases the lands from further wilderness consideration. 8. The planning process will involve consultation with American Indian tribal governments to provide strategies for the protection of recognized traditional uses. 9. The RMP amendment may include adaptive environmental management

(AEM)principles and protocol to deal with future issues and outcomes. All comment submittals must include the commenter's name and street address. Comments, including the names and street addresses of respondent, will be available for public review at the Buffalo Field Office listed above during its business hours (7:45 a.m. to 4:30 p.m.), Monday through Friday, except for Federal holidays. 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. Alan Rabinoff, Acting State Director. [FR Doc. E7-16332 Filed 8-17-07; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NM-520-1430-FM; NMNM 106766] Notice of Intent To Prepare an Amendment and Associated Environmental Assessment to the Carlsbad Field Office Resource Management Plan, New Mexico AGENCY: Bureau of Land Management, Interior. ACTION: Notice of intent. SUMMARY: The Bureau of Land Management

(BLM)Carlsbad Field Office intends to prepare a Resource Management Plan Amendment

(RMPA)and associated Environmental Assessment

(EA)to analyze the possible disposal, by either exchange and/or sale, of up to 3,566.88 acres of BLM-administered public land in Eddy and Lea Counties in southeastern New Mexico. DATES: Written comments will be accepted for 30 days after the date this Notice is published in the **Federal Register** . ADDRESSES: Written comments may be submitted through any of the following methods: • *Mail:* Field Manager, BLM, Carlsbad Field Office, 620 East Greene, Carlsbad, New Mexico 88220. • *Fax:*

(505)885-9264. • *Personal delivery to the Carlsbad Field Office:* see address above. Additional information on the project is also available at the Field Office's above address. The 1988 Carlsbad RMP is also available at the Carlsbad Field Office and posted on the following BLM Web site: *http://www.nm.blm.gov/cfo/index.htm.* FOR FURTHER INFORMATION CONTACT: Owen W. Lofton, Realty Specialist, BLM, Carlsbad Field Office, 620 East Greene, Carlsbad, New Mexico,

(505)234-5923. SUPPLEMENTARY INFORMATION: The BLM is currently considering a proposal from Intrepid Potash, Inc. (formerly Mississippi Potash Inc.), to complete a land exchange and/or sale. Intrepid Potash, Inc. proposes that BLM dispose of public lands around its mine sites in exchange for private lands around the Pecos River. In addition, Intrepid Potash, Inc. proposes to purchase additional BLM lands in order to continue its mining operations and hazardous material mitigation. The public lands proposed for disposal contain mine tailings and other industrial waste. The private lands offered for exchange consist of riparian habitat and native rangeland. The public land proposed for disposal is currently identified for retention in Federal ownership in the 1988 Carlsbad RMP. The RMP must therefore be amended to identify these public lands as suitable for exchange and/or sale. The lands proposed for disposal are described as follows: New Mexico Principal Meridian T. 21 S., R. 29 E., sec. 01, N 1/2 SW 1/4 , SE 1/4 SW 1/4 , SE 1/4 ; 280.00 acres. sec. 12, E 1/2 , E 1/2 NW 1/4 , SW 1/4 ; 560.00 acres. sec. 13, N 1/2 NE 1/4 , SE 1/4 NE 1/4 ; 120.00 acres. sec. 14, SW 1/4 NE 1/4 ; 40.00 acres. T. 20 S., R. 30 E., sec. 04, W 1/2 SW 1/4 , NE 1/4 SE 1/4 ; 120.00 acres. sec. 05, N 1/2 SW 1/4 , SE 1/4 SW 1/4 , S 1/2 SE 1/4 ; 200.00 acres. sec. 09, N 1/2 N 1/2 ; 160.00 acres. T. 21 S., R. 31 E., sec. 03, S 1/2 SW 1/4 ; 80.00 acres. sec. 04, Lots 1-16, inclusive; 648.96 acres. sec. 05, S 1/2 SE 1/4 ; 80.00 acres. sec. 09, N 1/2 ; 320.00 acres. sec. 10, NW 1/4 ; 160.00 acres. T., 20 S., R. 32 E., sec. 07, Lot 4, SE 1/4 SW 1/4 , S 1/2 SE 1/4 ; 159.43 acres. sec. 08, S 1/2 SW 1/4 ; 80.00 acres. sec. 17, W 1/2 ; 320.00 acres. sec. 18, Lots 1, 2, 4, and SE 1/4 SW 1/4 , S 1/2 SE 1/4 ; 238.49 acres. Total: 3,566.88 acres A Notice of Intent

(NOI)regarding a similar proposal was originally published in the **Federal Register** on September 11, 2002. The purpose of this earlier proposal was to provide notice of the BLM's intent to prepare a plan amendment to change the classification of lands previously identified for retention to suitable for disposal solely by exchange. However, a recent appraisal necessitated acreage adjustments to reach equal land values, and consequently, Intrepid Potash, Inc. had to eliminate lands that they would still like to acquire. Without any more lands to offer the BLM for exchange, Intrepid Potash, Inc. has proposed to purchase some BLM lands to continue mining operations and hazardous material mitigation. Therefore, the current proposed amendment is to consider land disposal by either exchange and/or sale in the plan amendment process. Preliminary issues include, but are not limited to: Wildlife and riparian habitat, rangeland resources, recreation, hazardous materials, and cultural resources. In addition to the No Action Alternative (existing management situation), a range of alternatives will be considered that will address a combination of land sale and exchange, as well as mitigation. The preliminary land use planning criteria are: 1. The amendment will be in compliance with FLPMA and applicable laws, regulations, and policies. The land use plan amendment process will be governed by the planning regulations at 43 CFR part 1610 and BLM Land Use Planning Handbook H-1601-1. 2. The proposed action and alternatives will be analyzed in accordance with NEPA. 3. Lands affected by the proposed plan amendment include public surface and mineral estate managed by BLM. No decisions will be made relative to non-BLM administered lands or non-federal minerals. 4. Public participation will be an integral part of the planning process. 5. The plan amendment will recognize all valid existing rights. 6. The BLM will work with cooperating agencies and all other interested groups, agencies, and individuals. The amended RMP will be consistent with existing non-Federal plans and policies, provided the decisions in the existing plans are consistent with the purposes, policies, and programs of Federal law and regulations for public lands. The RMPA/EA will be prepared by an interdisciplinary team of BLM resource specialists including realty, recreation, cultural, minerals, and hazardous materials specialists. Additional technical support will be provided by other specialists as needed. 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: July 20, 2007. Jim Stovall, Carlsbad Field Manager. [FR Doc. E7-16342 Filed 8-17-07; 8:45 am] BILLING CODE 4310-OX-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [AZ-310-7122-ES-5793; AZA 32905] Notice of Intent To Prepare an Amendment to the Kingman Resource Management Plan; Arizona AGENCY: Bureau of Land Management, Interior. ACTION: Notice of intent. SUMMARY: The Bureau of Land Management

(BLM)Field Office, Kingman, Arizona intends to prepare an amendment to the Kingman Resource Management Plan

(RMP)to determine if a parcel of public lands (identified below) should be classified under Section 7 of the Taylor Grazing Act (43 U.S.C. 315f) and Executive Order No. 6910, for actions under the Recreation and Public Purposes (R&PP) Act, as amended (43 U.S.C. 869 *et seq.* ). DATES: In order to ensure consideration in the Environmental Analysis

(EA)of the proposed plan amendment, comments must be received by September 19, 2007. ADDRESSES: Comments should be addressed to Wayne King, Field Manager, BLM Kingman Field Office, 2755 Mission Boulevard, Kingman, Arizona 86401. Documents pertinent to this proposal may be examined at the Kingman BLM Field Office. FOR FURTHER INFORMATION CONTACT: Andy Whitefield, Land Law Examiner, BLM Kingman Field Office, telephone 928-718-3746. SUPPLEMENTARY INFORMATION: This document provides notice that the BLM Field Office, Kingman, Arizona, intends to prepare an environmental analysis to determine whether or not it should amend its RMP and initiates scoping for the proposed amendment. The purpose of the public scoping process is to determine relevant issues that will influence the scope of the environmental analysis concerning whether or not the BLM should be allowed to classify the following described public lands for actions under the R&PP Act: Gila and Salt River Meridian, Arizona T. 20 N., R. 16 W., Sec. 1, lot 5. The area described contains 1.31 acres, more or less. These lands were acquired along with other lands pursuant to an exchange executed under the authority of section 206 of the Federal Land Policy and Management Act (FLPMA), as amended, 43 U.S.C. 1716. When acquired, these lands became “public lands,” pursuant to section 205(c) of FLPMA, 43 U.S.C. 1715(c), and thus made subject to BLM classification and planning requirements. One parcel was acquired subject to a lease made with the Pinion Pine Fire District for a fire station. The lease subsequently expired, prior to which the Fire District applied to the BLM for the conveyance of the same parcel, together with additional adjacent public land, pursuant to the R&PP Act. This parcel and the adjacent public lands are those described above and are included in the Fire District's R&PP Act application. Since it is the policy of the BLM not to convey lands under the authority of the R&PP Act that have been acquired by exchange under the authority of Section 206 of FLPMA, the BLM will only consider leasing the surface of the above described lands under the authority of the R&PP Act. 43 CFR 2740.0-6(e). The BLM Kingman RMP limits the public lands under its purview that may be leased or conveyed pursuant to the R&PP Act to those parcels specifically identified in the RMP for that use or that are designated for disposal. The above described lands are not so identified in the Kingman RMP. Therefore, the BLM is initiating scoping to determine if it should amend the Kingman RMP in accordance with 43 CFR 1610.5-5 to identify the above described lands as being eligible for actions under the authority of the R&PP Act. Planning criteria relevant to this proposal are found in the Kingman RMP. *Comments:* The public is invited to provide comments regarding any concerns, issues, or proposed alternatives to the proposed Kingman RMP amendment. 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. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public inspection in their entirety. Dated: August 8, 2007. Wayne King, Kingman Field Manager. [FR Doc. E7-16337 Filed 8-17-07; 8:45 am] BILLING CODE 4310-32-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 August 3, 2007. 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 September 4, 2007. J. Paul Loether, Chief, National Register of Historic Places/National Historic Landmarks Program. CALIFORNIA San Diego County Cuyamaca Village, Address Restricted, San Diego, 07000935. GEORGIA Fulton County Apartments at 2 Collier Road, 2 Collier Rd., Atlanta, 07000937. Apartments at 22-24 Collier Road, 22-24 Collier Rd., Atlanta, 07000938. Spalding County Marian Apartments, 400 W. Poplar St., Griffin, 07000936. Talbot County Stamper, Martin and Lucretia, House, 3224 Flint Hill Hwy (GA 85E), Shiloh, 07000939. LOUISIANA Orleans Parish Broadmoor Historic District (Boundary Increase), Roughly bounded by Walmsley, S. White, Eden, and S. Jefferson Davis Pkwy, New Orleans, 07000940. MARYLAND Anne Arundel County Freetown Rosenwald School, (Rosenwald Schools of Anne Arundel County, Maryland MPS), 7825 Freetown Rd., Glen Burnie, 07000943. Baltimore Independent city, Clifton Park, Bounded by Hartford Rd., Erdman Ave., Clifton Park Terrace, the Baltimore Relt RR and Sinclair Ln., Baltimore (Independent City), 07000941. Highfield House, 4000 N. Charles St., Baltimore (Independent City), 07000942. MASSACHUSETTS Essex County Essex Town Hall and TOHP Burnham Library, 30 Martin St., Essex, 07000946. Middlesex County Concord Armory, 51 Walden St., Concord, 07000945. Norfolk County Millis Center Historic District, Curve, Daniels, Exchange, Irving, Lavender, Main, Union Sts., Millis, 07000944. MONTANA Carbon County Red Lodge Brewing Company—Red Lodge Canning Company, 904 N. Bonner St., Red Lodge, 07000947. NEW HAMPSHIRE Carroll County Carroll County Court House, 20 Courthouse Square, Ossipee, 07000949. Rockingham County Smyth Public Library, 194 High St., Candia, 07000948. NEW MEXICO Santa Fe County Arroyo Hondo Pueblo, Address Restricted, Santa Fe, 07000950. NEW YORK Kings County 75th Police Precinct Station House, 484 Liberty Ave., Brooklyn, 07000952. PENNSYLVANIA Philadelphia County Biberman Building, 611-619 N. 15th St., Philadelphia, 07000951. [FR Doc. E7-16240 Filed 8-17-07; 8:45 am] BILLING CODE 4310-70-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,429] Burns Best, Inc.; Spooner, WI; Dismissal of Application for Reconsideration Pursuant to 29 CFR 90.18(C) an application for administrative reconsideration was filed with the Director of the Division of Trade Adjustment Assistance for workers at Burns Best, Inc., Spooner, Wisconsin. The application did not contain new information supporting a conclusion that the determination was erroneous, and also did not provide a justification for reconsideration of the determination that was based on either mistaken facts or a misinterpretation of facts or of the law. Therefore, dismissal of the application was issued. TA-W-61,429; Burns Best, Inc., Spooner, Wisconsin (August 10, 2007). Signed at Washington, DC, this 13th day of August 2007. Ralph Dibattista, Director, Division of Trade Adjustment Assistance. [FR Doc. E7-16282 Filed 8-17-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-60,859] Eaton Corporation Aerospace Division Including Workers Whose Wages Are Reported Under FEID Number for Perkin Elmer Including On-Site Leased Workers From Aerotek, Kelly Services, Otterbase, and Adecco Phelps, New York and TA-W-60,859A Eaton Corporation, Aerospace Division Employee of Phelps, New York Working Out of Beltsville, Maryland; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on February 28, 2007, applicable to workers at Eaton Corporation, Aerospace Division, in Phelps, New York. The notice was published in the **Federal Register** on March 14, 2007 (72 FR 11904). At the request of a company official, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of solenoid valves. The company official reports that Ms. Susan Whitledge was an employee of the Eaton Corporation, Aerospace Division in Phelps, New York, and worked off-site at the company's Beltsville, Maryland facility. Ms. Whitledge was among the workers of the firm's Aerospace Division in Phelps, New York, who were separated from employment based on a shift in production of solenoid valves to Mexico. The intent of the Department's certification is to include all workers of Eaton Corporation, Aerospace Division, in Phelps, New York, who were adversely affected by the shift in production to Mexico. Accordingly, the Department is amending the certification to include Ms. Whitledge, an employee of the Eaton Corporation, Aerospace Division in Phelps, New York, working out of Beltsville, Maryland. The amended notice applicable to TA-W-60,859 is hereby issued as follows: All workers of Eaton Corporation, Aerospace Division, including workers whose wages were reported under FEID number for Perkin Elmer, including on-site leased workers from Aerotek, Kelly Services, Otterbase, and Adecco, Phelps, New York (TA-W-60,859), and an employee of Eaton Corporation Aerospace Division, Phelps, New York working out of Beltsville, Maryland (TA-W-60,859A), who became totally or partially separated from employment on or after January 30, 2006 through February 28, 2009, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974; and I further determine that all workers of Eaton Corporation, Aerospace Division, including workers whose wages were reported under FEID number for Perkin Elmer, including on-site leased workers from Aerotek, Kelly Services, Otterbase, and Adecco, Phelps, New York (TA-W-60,859), and an employee of Eaton Corporation Aerospace Division, Phelps, New York working out of Beltsville, Maryland (TA-W-60,859A), are denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed in Washington, DC, this 8th day of August 2007. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-16284 Filed 8-17-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-60,086] Ford Motor Company Product Development and Engineering Center, Dearborn, MI; Notice of Revised Determination on Reconsideration On May 24, 2007, the Department issued an Affirmative Determination Regarding Application on Reconsideration applicable to workers and former workers of the subject firm. The notice was published in the **Federal Register** on May 30, 2007 (72 FR 30030). The previous investigation initiated on September 14, 2006, resulted in a negative determination issued on March 15, 2007, was based on the finding that the subject worker group did not directly support production at the subject firm. The denial notice was published in the **Federal Register** on March 30, 2007 (72 FR 15168). In the request for reconsideration the petitioners allege that the petitioning group of workers was in direct support of manufacturing and assembly of Ford automobiles at various Ford Motor Company manufacturing facilities. A company official was contacted to verify whether workers at the subject facility were supporting production at Ford Motor Company manufacturing facilities. The company official stated that workers of the subject facilities were in direct support of production at Ford Motor Company Atlanta Assembly Plant, Hapeville, Georgia (TA-W-59017), Ford Motor Company Norfolk Assembly Plant, Norfolk, Virginia (TA-W-60,367), Ford Motor Company Twin Cities Assembly Plant, St. Paul, Minnesota (TA-W-60,435), and Ford Motor Company St. Louis Assembly Plant, Hazelwood, Missouri, (TA-W-60,478) during the relevant period. All of the above mentioned production facilities were certified eligible for adjustment assistance during April through December 2006. The investigation further revealed that employment at the subject firm declined during the relevant period. In accordance with section 246 the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for alternative trade adjustment assistance

(ATAA)for older workers. In order for the Department to issue a certification of eligibility to apply for ATAA, the group eligibility requirements of section 246 of the Trade Act must be met. The Department has determined in this case that the requirements of section 246 have been met. A significant number of workers at the firm are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse. Conclusion After careful review of the facts obtained in the investigation, I determine that increases of imports of articles like or directly competitive with articles produced by Ford Motor Company contributed importantly to the total or partial separation of workers at the subject firm and to the decline in sales or production at that firm or subdivision. In accordance with the provisions of the Act, I make the following certification: All workers of Ford Motor Company, Product Development and Engineering Center, Dearborn, Michigan, who became totally or partially separated from employment on or after September 14, 2005, through two years from the date of this certification, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974. Signed at Washington, DC, this 8th day of August 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-16283 Filed 8-17-07; 8:45 am] BILLING CODE 4510-FN-P LIBRARY OF CONGRESS Copyright Royalty Board Docket No. 2005-4 CRB CD 2003] Distribution of the 2003 Cable Royalty Fund AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Notice announcing partial Phase I settlement and soliciting comments on motion for further distribution. SUMMARY: The Copyright Royalty Judges are announcing a partial Phase I settlement in connection with the 2003 cable royalty fund. The Judges are also soliciting comments on a motion for further distribution in connection with that fund. DATES: Comments are due on or before September 19, 2007. ADDRESSES: Comments may be sent electronically to *crb@loc.gov.* In the alternative, send an original, five copies, and an electronic copy on a CD either by mail or hand-delivery. Please do not use multiple means of transmission. Comments may not be delivered by an overnight delivery service other than the U.S. Postal Service Express Mail. If by mail (including overnight delivery), comments must be addressed to: Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024-0977. If hand delivered by a private party, comments must be brought to the Library of Congress, James Madison Memorial Building, LM-401, 101 Independence Ave., SE., Washington, DC 20559-6000. If delivered by a commercial courier, comments must be delivered to the Congressional Courier Acceptance Site located at 2nd and D Street, NE., Washington, DC. The envelope must be addressed to: Copyright Royalty Board, Library of Congress, James Madison Memorial Building, LM-403, 101 Independence Ave., SE., Washington, DC 20559-6000. FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or Gina Giuffreda, Attorney Advisor, by telephone at

(202)707-7658 or e-mail at *crb@loc.gov.* SUPPLEMENTARY INFORMATION: Background Each year, semiannually, cable systems must submit royalty payments to the Register of Copyrights as required by the statutory license set forth in section 111 of the Copyright Act for the retransmission to cable subscribers of over-the-air television and radio broadcast signals. *See* 17 U.S.C. 111(d). These royalties are then distributed to copyright owners whose works were included in a qualifying retransmission and who timely filed a claim for royalties. Allocation of the royalties collected occurs in one of two ways. In the first instance, these funds will be distributed through a negotiated settlement among the parties. 17 U.S.C. 111(d)(4)(A). If the claimants do not reach an agreement with respect to the royalties, the Copyright Royalty Judges (“Judges”) must conduct a proceeding to determine the distribution of any royalties that remain in controversy. 17 U.S.C. 111(d)(4)(B). August 2005 Motion for Partial Distribution On August 31, 2005, a group of claimants filed a motion with the Copyright Royalty Board (“CRB”), requesting a partial distribution of 50% of the 2003 cable royalty fund (“2003 Fund”). Motion of Phase I Claimants for Partial Distribution. On September 13, 2005, the proposal was published in the **Federal Register.** Docket No. 2005-4 CRB CD 2003, 70 FR 53973. In the notice, the CRB sought comment on whether any controversy exists that would preclude the distribution of 50% of the 2003 cable royalty funds to the Phase I claimants. 1 The CRB also sought comment on the existence of any controversies to the 2003 cable royalty funds, either at Phase I or Phase II, with respect to the 50% of those funds that would remain if the partial distribution were granted. 70 FR at 53973-53974. 1 Historically, cable royalty proceedings have occurred in two phases. In Phase I, royalties have been divided among the categories of broadcast programming represented in the proceeding. The categories into which copyright owners have divided themselves in Phase I have remained largely unchanged over time. *See* Distribution of 1998 and 1999 Cable Royalty Funds, Docket No. 2001-8 CARP CD 98-99, 69 FR 3606, 3607 (Jan. 26, 2004) ((1) movies and syndicated television programs (known as “Program Suppliers” and represented by the Motion Picture Association of America, Inc. (“MPAA”));

(2)sports programming (referred to as “Joint Sports Claimants” and includes sports programming belonging to the National Football League, National Hockey League, National Basketball Association, and National Collegiate Athletic Association);

(3)commercial broadcast programming (consists of copyright owners of commercial radio and television programming and represented by the National Association of Broadcasters, Inc. (“NAB”));

(4)religious broadcast programming (referred to as “Devotional Claimants” and consists of various copyright owners of religious programming);

(5)public television broadcast programming (referred to as “PBS” and consists of various copyright owners of television programs broadcast by the Public Broadcasting Service));

(6)Canadian broadcast programming (referred to as “Canadian Claimants” and consists of various Canadian copyright owners whose programs are retransmitted by cable systems located near the U.S./Canada border);

(7)public radio broadcast programming (referred to as “NPR” and consists of various copyright owners of radio programs transmitted by National Public Radio); and

(8)music (referred to as “Music Claimants” and consists of copyrighted programming belonging to songwriters and music publishers and represented by the American Society of Composers, Authors and Publishers (“ASCAP”), Broadcast Music, Inc. (“BMI”) and SESAC, Inc.). *See also* 1989 Cable Royalty Distribution Proceeding, Docket No. CRT 91-2-89CD, 57 FR 15286, 15287 (April 27, 1992) ((1) Program Suppliers;

(2)Sports;

(3)U.S. Noncommercial Television (PBS);

(4)U.S. Commercial Television (NAB);

(5)Music;

(6)Devotional Claimants;

(7)Canadian Claimants;

(8)Non-Commercial Radio (NPR); and

(9)Commercial Radio). In Phase II, royalties are divided among claimants within a particular category. *See* Distribution Order in Docket No. 94-3 CARP CD-90-92, 61 FR 55653, 55655 (Oct. 28, 1996). The CRB received eleven comments in response to the notice, one of which was from the Independent Producers Group (“IPG”). 2 In its comment, IPG notified the CRB that it maintains claims on behalf of certain unnamed producers and distributors of devotional programming and that a controversy exists with respect to the 2003 cable royalty fund. IPG stated: “The extent of the controversy is not known at this time, however, the reservation of at least 2% of the cable proceedings funds as relates to claims on behalf of devotional programming, together with Phase I Claimants' pledges to return any amounts finally awarded in excess of sums partially released, is deemed sufficient to protect the interests of devotional programming claimants.” *Id.* 2 IPG Comment, dated October 25, 2005. On October 25, 2005, IPG filed a motion with the CRB requesting that the CRB accept its late-filed comment. *See* Independent Producers Group's Motion to Accept Late-Filed Comments on the Existence of Controversies and Notice of Intent to Participate in Phase I and Phase II Hearings. The CRB also received a comment from claimants representing program suppliers. This comment is discussed below. IPG also stated that it maintains claims on behalf of certain unnamed producers and distributors of syndicated programming (which IPG refers to as “program suppliers”) and asserted that a controversy exists with respect to that category of funds. With respect to program suppliers, IPG stated: “The extent of the controversy is not known at this time, however, the reservation of at least 50% of the cable proceedings funds as relates to claims on behalf of syndicated programming, together with Phase I Claimants' pledges to return any amounts finally awarded in excess of sums partially released, is deemed sufficient to protect the interests of syndicated programming claimants.” *Id.* IPG also stated that it maintains claims on behalf of certain unnamed producers and distributors of Spanish-language programming. IPG stated: [a]t an appropriate later date, IPG intends to submit a formal motion with the Copyright Office to create the new category of “Spanish-Language Programming.” Spanish-Language Programming constitutes a significant percentage of retransmitted programming and, for the reasons to be articulated in the motion, constitute[s] a unique category of broadcast programming that is retransmitted by cable system operators. In connection herewith, IPG asserts that a controversy exists with respect to the 2003 cable royalty fund, subject to certification of [S]panish-language programming as a category. The extent of the controversy is not known at this time, however, the reservation of at least 2% of the cable proceedings funds as relates to claims on behalf of [S]panish-language programming, together with Phase I Claimants' pledges to return any amounts finally awarded in excess of sums partially released, is deemed sufficient to protect the interests of [S]panish-language programming claimants. *Id.* IPG also asserted that a conflict exists with respect to the 2003 cable royalty fund in Phase II of the syndicated programming, sports programming, devotional programming and Spanish-language programming categories. With respect to Phase II, IPG stated: The extent of the controversy is not known at this time, however, the reservation of at least

(i)20% of the program supplier category funds,

(ii)2% of the sports programming category funds,

(iii)50% of the devotional programming category funds, and

(iv)80% of the [S]panish-language programming category funds, together with Phase I Claimants' pledges to return any amounts finally awarded in excess of sums partially released, is deemed sufficient to protect IPG's interests. *Id.* IPG also stated that it intended to participate in any Phase I proceedings involving devotional programming, syndicated programming, and Spanish-language programming. On October 26, 2005, the CRB denied the August 31, 2005 Motion of Phase I Claimants for Partial Distribution. In its order denying the motion, the CRB discussed the comments it received in response to the September 13, 2005 **Federal Register** notice, stating: “[w]hile many identified the existence of a controversy at both Phase I and Phase II, none objected to the 50% partial distribution” proposed in the Phase I claimants' motion. Nevertheless, the CRB denied the motion based largely on the claimants' statement in their motion and a subsequent comment from an individual claimant suggesting that more than 50% of the royalties in the 2003 fund was still in controversy. Based on this information, the CRB concluded that 100% of the funds remained in controversy and therefore the CRB was not authorized to distribute any funds at that time. In particular, the CRB stated: Program Suppliers argue that a distribution can be made under [17 U.S.C.] 801(b)(3)(A) provided no party objects to the distribution, though 100% of the funds remain in controversy. The Board does not share this interpretation of the provision. Section 801(b)(3)(A) was crafted to enable the Board to make a distribution of royalties without conducting a proceeding, either in full or in part, *provided* that the parties agreed that the requested amount was not in controversy. This provision is in contrast to 801(b)(3)(C), where a partial distribution may be made of royalties, with the agreement of the parties, regardless of whether those royalties are in controversy.* * * [A]s the Board observed in the September 13, 2005, satellite Order [Docket No. 2005-2 CRB SD 2001-2003] it cannot [authorize a partial distribution of royalty funds under 17 U.S.C. 801(b)(3)(C)] without announcing the negotiation period and initiating the proceeding [required by that section of the Copyright Act]. Consequently, for the Board to distribute any royalties prior to this period, it must determine that their distribution is not in controversy. Distribution Order at 2, Docket No. 2005-4 CRB CD 2003 (Oct. 26, 2005). The CRB reiterated its position in its March 21, 2006 Order Denying Petition for Reconsideration. In that order the CRB stated: Copyright Act Section 801(b)(3) allows the Board to make partial distributions, prior to the commencement of the distribution proceedings, only “to the extent that the [Judges] have found that the distribution of such fees is not subject to controversy.” * * * The Phase I parties' August 31 Motion did not even aver that only 50% of the 2003 cable royalty fund remains in controversy. To the contrary, the Board was affirmatively advised (Motion at 4 n.2) that the Phase I parties reserved the right to seek shares of the fund, in subsequent contested distribution proceedings, without limitation. And, in a separate submission, designed to drive this point home, the Program Suppliers, who traditionally form one of the largest Phase I claimants' groups, stated * * * that “the entire 2003 Cable Fund remains in controversy.” In this case, the record plainly cannot support a finding that 50% of the 2003 cable fund is not in controversy. Order Denying Petition for Reconsideration at 3 n.6, Docket No. 2005-4 CRB CD 2003 (March 21, 2006). August 2006 Motion for Partial Distribution On August 1, 2006, a group of Phase I claimants, pursuant to sections 801(b)(3)(A) and 111(d)(4)(C) of the Copyright Act (17 U.S.C. 801(b)(3)(A) and 111(d)(4)(C)) filed a second motion requesting partial distribution of 50% of the 2003 cable royalty funds. Motion of Phase I Claimants for Distribution of Royalties, Docket No. 2005-4 CRB CD 2003. In that motion, the moving claimants stated: In August 2005 the Phase I Parties requested that the Board distribute to each Party a specified share of 50% of the 2003 Funds. The Board denied that request because it concluded, on the record before it, that a controversy existed over all of the 2003 Funds. Here, however, the Phase I Parties are requesting that the Board distribute 50% of the 2003 Funds to the Phase I Parties collectively. The Phase I Parties have agreed that, as a group, they are entitled to at least 50% of the 2003 Funds and that no controversy exists over the distribution of that 50% to the group. *Id.,* citations omitted. The motion continued: “The Phase I Parties have just recently learned that [IPG] filed two pleadings [sic] in this docket on October 28, 2005, one of which asserted an interest in the 2003 Funds” 3 The motion continued: “[w]hile IPG is not a party to the motion, the Phase I Parties cannot contemplate any reasonable basis on which IPG could assert a claim to 50% or more of the 2003 Funds.” *Id.* at n.1. 3 Given that no proceeding in this matter has been commenced, no official service list has been compiled. *Compare* 37 CFR 350.4(g) (“The [Judges] will compile and distribute, to those parties who have filed a petition to participate that has been accepted by the [Judges], the official service list of the proceeding. In all filings, a copy shall be served upon counsel of all other parties identified in the service list, or, if the party is unrepresented by counsel, upon the party itself.”). As noted in note 2 above and accompanying text, instead of two pleadings, IPG actually filed a comment in response to the CRB's request for comments in the September 13, 2005, **Federal Register** notice and a motion to accept the comment late. On August 11, 2006, IPG filed a response to the Phase I claimants' partial distribution request. Comments of Independent Producers Group to Motion of Phase I Claimants for Distribution of Royalties, Docket No. 2005-4 CRB CD 2003. In its response IPG stated, after noting that the CRB had not addressed its previous filings in the matter: [I]f IPG's motion and filings are granted, IPG will be a participant in both Phase I and Phase II proceedings relating to the 2003 cable royalty pool. The Phase I Claimants' Motion thereby affects IPG's rights by seeking distribution of fifty percent (50%) of the available funds within the 2003 cable royalty pool. Such agreement amongst the signatory Phase I Claimants has occurred in the absence of IPG's consent or participation, as IPG is not yet formally established as a Phase I participant. According to such agreement, fifty percent of the available funds will be distributed to a Common Agent, who will thereafter distribute funds to the respective Phase I Claimants. IPG has no objection to the Motion, subject to the qualifications of distribution set forth therein. Notwithstanding, IPG asks that the Board additionally clarify that following the distribution from the Common Agent to the respective Phase I Claimants, that further distribution to claimants (or representatives thereof) within the particular categories be prohibited absent an agreement amongst Phase II parties within such categories, or application to the Board. In prior proceedings, certain Phase I parties that also are Phase II participants have received advance royalty distributions, then unilaterally distributed such funds exclusively to themselves and their represented claimants without the knowledge or consent of the other Phase II parties or the CARP. Such process has therefore transformed an unobjectionable distribution to Phase I parties into a very objectionable backdoor means of Phase II distribution, and without any notice to multiple Phase II parties or any opportunity to object. Of the Phase I categories participating in the Motion, IPG has Phase II claims within the Program Supplier, Sports Programming and Devotional categories. IPG's claims are substantial, and in the lattermost category IPG's claims appear to be larger than all other Phase II parties combined, by whatever criteria of distribution can be employed. *Id.* at 1-2. In a response filed with the CRB on August 16, 2006, the Phase I claimants disputed IPG's assertions and allegations and stated “the 50% of the 2003 Funds that remain in controversy after the requested distribution will indisputably be more than adequate to satisfy any IPG royalty claims that might be substantiated in these proceedings.” Reply in Support of Motion of Phase I Claimants for Distribution of Royalties at 3 (footnote omitted), Docket No. 2005-4 CRB CD 2003. In an August 23, 2006 order, the Judges granted the Phase I claimants' motion for partial distribution. Distribution Order, Docket No. 2005-4 CRB CD 2003 (“2006 Distribution Order”). In that order, the Judges stated: “Representatives of the Phase I Parties seek full distribution of 50% of the 2003 cable royalty funds. Unlike their previous request for a partial distribution under 17 U.S.C. 801(b)(3)(C) prior to the commencement of a proceeding, the Phase I Parties now represent that there is no controversy as to a distribution of 50% of royalties under 17 U.S.C. 801(b)(3)(A).” *Id.,* citations and note omitted. The Judges continued: [IPG] submitted what it styled as a “comment,” stating that it did not object to the Phase I Parties' motion but that it did object to any subsequent distribution of royalties within each category. In other words, IPG would agree to a dissemination of royalties to the common agent designated by the Phase I Parties, but the agent could not make a further distribution to any copyright owners until all Phase II controversies have been resolved. The Board is granting the Phase I Parties' motion under 17 U.S.C. 801(b)(3)(A). That provision permits the Board to distribute royalties “to the extent that the [Judges] have found that the distribution of such fees is not subject to controversy.” *Id.* The Phase I Parties assert that 50% of the 2003 cable royalties are not subject to a controversy and IPG has not challenged that assertion. The Board is also rejecting IPG's request to prohibit the common agent receiving the royalties from distributing them to parties within the Phase I categories. Not only would IPG's request frustrate the purpose of making a Phase I distribution, it is contrary to well-established precedent. *Id.,* citing *National Assoc. of Broadcasters* v. *Copyright Royalty Tribunal,* 772 F.2d 922, 939 (D.C. Cir. 1985) (claimant with no claim to settled royalties not permitted to “upset the settlement apple cart.”). The Judges stated further, “[b]ecause the distribution is being made under 17 U.S.C. 801(b)(3)(A), no publication of the distribution in the **Federal Register** is necessary. Likewise, no obligation to return funds is necessary.” 2006 Distribution Order at 2. June 2007 Motion for Further Distribution On June 8, 2007, a group of Phase I claimants (“settling claimants”), pursuant to section 801(b)(3)(C) of the Copyright Act, 17 U.S.C. 801(b)(3)(C), filed a Notice of Partial Phase I Settlement and Motion for Further Distribution. In the filing, the claimants represented that they have reached a settlement of all outstanding Phase I controversies regarding distribution of the 2003 Fund among the claimants to which Phase I royalties have been allocated in the past, with the exception of the Canadian Claimants. The settling claimants state that the Copyright Office is holding in reserve approximately 50% of the 2003 Fund (estimated to be $70,417,221 as of March 31, 2007). The settling claimants request that the Judges:

(1)Authorize a distribution of 0.18% of the 2003 Fund to NPR;

(2)maintain for the Devotional Claimants (a subgroup of the settling claimants) 0.5% of the 2003 Fund; 4

(3)reserve 5.5% of the 2003 Fund to satisfy ongoing disputes between the Canadian Claimants and the settling claimants;

(4)request comment from interested claimants on the extent to which any Phase II controversies exist and the amount that should be withheld to account for such controversies; and

(5)authorize a lump sum distribution of all the remaining 2003 Fund to the settling claimants, except NPR and the Devotional Claimants. The settling claimants agree to identify a common agent to receive the lump sum distribution. 4 The motion states that the Devotional Claimants do not seek a further partial distribution at this time and ask that the Judges hold their share pending resolution of their Phase II controversies. IPG's Opposition IPG opposes the Phase I claimants' motion for further distribution. Independent Producers Group's Opposition to “Phase I Claimants” Notice of Partial Phase I Settlement and Motion for Further Distribution,” Docket No. 2005-4 CRB CD 2003 (June 15, 2007). In that filing, IPG details its previous filings with the CRB in this matter, stating that IPG “represents the interests of no less than 200 film and television producers, and [intends] to participate in Phase I proceedings relating to interests existent in the Program Suppliers, Devotional and Spanish-language Programming category,” the latter of which, as IPG notes, has yet to be designated as a Phase I category. IPG states its belief that its October 25, 2005 filings ( *see* note 2 above) are still pending with the CRB. IPG also alleges that it has been frozen out of Phase I settlement negotiations. IPG contends that it should be provided an opportunity to make a prima facie showing of the value of its members' programming and should be advanced “ *some* portion of the funds withheld by the CRB.” *Id.,* emphasis in original. Finally, IPG contends that it was not served with the Phase I claimants' motion in a timely manner. In its reply, the Phase I claimants contend that IPG is ineligible “to receive a portion of the partial distribution of the 2003 Fund because it has not established its entitlement to any royalties in a prior proceeding.” Phase I Claimants' Reply to Independent Producers Group's Opposition to “Phase I Claimants” Notice of Partial Phase I Settlement and Motion for Further Distribution” at 1, Docket No. 2005-4 CRB CD 2003 (June 21, 2007). 5 The Phase I claimants also assert that “[g]ranting the Motion simply will not prejudice IPG in any way, because the process sufficiently protects whatever claims IPG successfully proves as part of the final determination of the allocation of the 2003 Fund.” *Id.* 5 IPG's share of cable royalty revenues was litigated previously under the Copyright Arbitration Royalty Panel (“CARP”) system. *See* Distribution of 1993, 1994, 1995, 1996 and 1997 Cable Royalty Funds, Docket No. 2000-2 CARP CD 93-97, 69 FR 23821 (Apr. 30, 2004). In that matter, the Librarian of Congress convened a CARP to resolve a dispute within the syndicated programming category between the MPAA and IPG over the division of royalties collected in 1997 for the retransmission of movies and syndicated television series by cable systems. The Librarian rejected the CARP's initial and revised reports and remanded the matter for a new proceeding before a new CARP. The MPAA and IPG ultimately settled the dispute and the Librarian vacated as moot the order remanding the matter. The Librarian also vacated the CARP's initial and final determinations “to make clear that those determinations have no precedential value.” 69 FR at 23822. Clarification Regarding the Status of IPG's October 25, 2005 Filings As discussed above, on October 25, 2005, in response to a **Federal Register** notice in which the CRB solicited comments on Phase I Claimants' August 31, 2005 motion for partial distribution, IPG submitted a comment and a motion to accept it late. IPG's comment, like others the CRB received in response to the notice, stated that there was a controversy that should preclude the CRB from granting the Phase I claimants' motion. The CRB agreed and denied the Phase I claimants' motion. *See* Distribution Order, Docket No. 2005-4 CRB CD 2003 (Oct. 26, 2005); *see also* Order Denying Petition for Reconsideration (March 21, 2006). To the extent that IPG's October 2005 motion was not already addressed in the denial of the Phase I claimants' motion for partial distribution, it is moot because the motion to which IPG's motion related has already been resolved. Resolution of Phase I Claimants' 2007 Motion for Further Distribution Phase I claimants file their current motion pursuant to section 801(b)(3)(C) of the Copyright Act. 17 U.S.C. 801(b)(3)(C). That section states in relevant part: Notwithstanding section 804(b)(8), the [Judges], at any time after the filing of claims under section 111 * * *, may, upon motion of one or more of the claimants and after publication in the **Federal Register** of a request for responses to the motion from interested claimants, make a partial distribution of such fees, if, based upon all responses received during the 30-day period beginning on the date of such publication, the [Judges] conclude that no claimant entitled to receive such fees has stated a reasonable objection to the partial distribution, and all such claimants—(i) agree to the partial distribution;

(ii)sign an agreement obligating them to return any excess amounts to the extent necessary to comply with the final determination on the distribution of the fees made under subparagraph

(B)[of section 801(b)(3) of the Copyright Act];

(iii)file the agreement with the [Judges]; and

(iv)agree that such funds are available for distribution. Section 804(b)(8) of the Copyright Act states: “With respect to proceedings under section 801(b)(3) concerning the distribution of royalty fees in certain circumstances under section 111 * * *, the [Judges] shall, upon a determination that a controversy exists concerning such distribution, cause to be published in the **Federal Register** notice of commencement of proceedings under this chapter.” 17 U.S.C. 804(b)(8). *See also* Copyright Act section 111(d)(4)(B) (“After the first day of August of each year, the [Judges] shall determine whether there exists a controversy concerning the distribution of royalty fees * * *. If the [Judges] find the existence of a controversy, [they] shall, pursuant to chapter 8 of this title, conduct a proceeding to determine the distribution of royalty fees.”). Solicitation of Comments In light of the Phase I Claimants' Motion for Further Distribution and the Judges' obligations under Copyright Act sections 801(b)(3)(C) and 111(d)(4)(B), the Judges hereby request comment from interested persons regarding whether any claimant entitled to receive royalty fees from the 2003 Cable Fund has a reasonable objection to the proposed partial distribution. As discussed above, with respect to the proposed distribution, the settling Phase I claimants request that the Judges:

(1)Authorize a distribution of 0.18% of the 2003 Fund to NPR;

(2)maintain for the Devotional Claimants 0.5% of the 2003 Fund;

(3)reserve 5.5% of the 2003 Fund to satisfy ongoing disputes between the Canadian Claimants and the settling claimants; and

(4)authorize a lump sum distribution of all the remaining 2003 Fund to the settling claimants, except NPR and the Devotional Claimants. The Judges seek comment on the proposed distribution as a whole and on each of the four specific aspects of the proposal. In addition, the Judges seek comment on the specific percentage allocations that the Phase I claimants have proposed. In particular, with respect to element

(4)of the proposal, the Judges seek comment on what percentage lump sum partial distribution would not be objectionable ( *e.g.* , would a 75 percent partial lump sum distribution be objectionable? if not, would a 50 percent distribution be objectionable?). If the Judges find that a partial distribution is warranted, what conditions, if any, other than those required by section 801(b)(3)(C) of the Copyright Act, should the Judges impose on the claimants to whom the royalties are distributed? Moreover, the Judges seek comment on any potential Phase I or Phase II controversies. 6 If commenters believe that a controversy exists, please specify the categories of claimants to which the controversy applies and estimate the percentage of funds subject to controversy. In addition, please specify whether the categories into which the claimants have traditionally divided themselves in Phase I proceedings 7 are adequate to fairly represent the interests of all claimants or should additional categories of claimants be recognized. For commenters that favor recognition of additional claimant categories, please specify what those categories should be and why they are not currently adequately represented by the traditional claimant categories. 6 Effective August 10, 2007, the Copyright Office terminated all pending distribution proceedings under Sections 111, 119 and 115 of the Copyright Act of 1976. Those proceedings are null and void and new proceedings will have to be commenced before the Copyright Royatly Judges. 72 FR 45071. 7 *See* note 1 above. If the Judges find that there is a controversy with respect to the distribution of royalty payments, section 804(b)(8) of the Copyright Act requires that the Judges “cause to be published in the **Federal Register** notice of commencement of proceedings.” For commenters that contend that a controversy exists, the Judges seek comment on whether a proceeding should be commenced at this time or whether such commencement should be delayed to permit negotiation among the claimants. If commenters believe that more time for negotiation is warranted, how much time should the Judges permit for negotiation before a proceeding is commenced? Certain claimants have expressed concerns regarding timely service of process in matters dealing with the distribution of royalty payments from the 2003 Fund. Current CRB regulations require that, once a proceeding has commenced, all parties on the official service list prepared by the CRB for that proceeding receive timely service of process. 37 CFR 350.4(g). CRB service rules do not, however, address the period prior to the commencement of a proceeding. As a result, it is not always possible for interested persons to become aware in a timely manner of motions and other filings that might impact their interests. The Judges seek comment on what action, if any, the Judges should take to remedy this issue. For example, would posting all incoming filings or a notice that a filing has been made in a matter on the CRB Web site be sufficient notice to potential claimants and other interested persons in those instances prior to commencement of a proceeding? In the alternative, the Judges could adopt a rule requiring service of process prior to the commencement of a proceeding. If the Judges adopted such a rule, what sort of service should be required and to whom? For full consideration, comments should be received by September 19, 2007. Dated: August 14, 2007. James Scott Sledge, Chief Copyright Royalty Judge. [FR Doc. E7-16267 Filed 8-17-07; 8:45 am] BILLING CODE 1410-72-P NATIONAL SCIENCE FOUNDATION RIN Z-RIN 3145-ZA02 Proposed Addition of a Routine Use to NSF Systems of Records Authority: 44 U.S.C. 3101 and 42 U.S.C. 1870; OMB Memorandum M-07-16, “Safeguarding Against and Responding to the Breach of Personally Identifiable Information.” ACTION: Notice of alteration to existing Privacy Act systems of records. SUMMARY: In accordance with the requirements of the Privacy Act of 1974, as amended, the National Science Foundation is altering its existing systems of records in accordance with OMB Memorandum M-07-16, “Safeguarding Against and Responding to the Breach of Personally Identifiable Information.” M-07-16 calls on agencies to publish a routine use for appropriate systems specifically applying to the disclosure of information in connection with response and remedial efforts in the event of a data breach. A Federal agency's ability to respond quickly and effectively in the event of a breach of Federal data is critical to its efforts to prevent or minimize any consequent harm. An effective response may necessitate disclosure of information regarding the breach to those individuals affected by it, as well as to persons and entities in a position to cooperate, either by assisting in notification to affected individuals or playing a role in preventing or minimizing harms from the breach. The information to be disclosed to such persons and entities may be subject to the Privacy Act, 5 U.S.C. 552a. The Privacy Act prohibits the disclosure of any record in a system of records absent the written consent of the subject individual, unless the disclosure falls within one of the twelve statutory exceptions, including a routine use, 5 U.S.C. 552a(b)(3). As described in the President's Identity Theft Task Force's Strategic Plan, all agencies should publish a routine use for their systems of records allowing for the disclosure of information in the course of responding to a breach of Federal data. See Appendix B of the Identity Theft Task Force report ( *http://www.identity theft.gov/reports/StrategicPlan.pdf* ). Such a routine use will serve to protect the interests of the individuals whose information is at issue by allowing agencies to take appropriate steps to facilitate a timely and effective response, thereby improving their ability to prevent, minimize, or remedy any harm resulting from a compromise of data maintained in their systems of records. Accordingly, NSF proposes to add the following routine use to each of its Systems of Records Notices listed below: To appropriate agencies, entities, and persons when

(1)the NSF suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised;

(2)the NSF has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the NSF or another agency or entity) that rely upon the compromised information; and

(3)the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the NSF's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. DATES: Submit comments on or before August 30, 2007. The proposed altered systems will become effective on September 30, 2007. ADDRESSES: Send comments to Leslie Jensen, National Science Foundation, Office of the General Counsel, Room 1265, 4201 Wilson Boulevard, Arlington, Virginia 22230 or by electronic mail (e-mail) to: *ljensen@nsf.gov.* SUPPLEMENTARY INFORMATION: This publication is in accordance with the Privacy Act requirement that agencies publish their amended systems of records in the **Federal Register** when there is a revision, change, or addition. NSF's Office of the General Counsel

(OGC)has reviewed its Systems of Records notice and has determined that its records systems notices must be revised to incorporate the change described herein. As required by 5 U.S.C. 552a(R) and Appendix I to OMB Circular A-130, “Federal Agency Responsibilities for Maintaining Records about Individuals,” dated November 30, 2000, a report of an altered system of records has been submitted to the Committee on Government Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Office of Management and Budget. Submit comments as an ASCII file avoiding the use of special characters and any form of encryption. Identify all comments sent in electronic E-mail with Subject Line: Comments on proposed changes to Privacy Act SORNs. FOR FURTHER INFORMATION CONTACT: Leslie Jensen

(703)292-5065. Dated: August 14, 2007. Lawrence Rudolph, General Counsel. System Names: NSF-3 Application and Account for Advance of Funds NSF-6 Doctorate Records File NSF-8 Employee Grievance Files NSF-10 Employee's Payroll Jacket NSF-12 Fellowships and Other Awards NSF-13 Fellowship Payroll NSF-16 Individual Retirement Record (SF-2806) NSF-18 Integrated Personnel System (IPERS) NSF-19 Medical Examination Records for Service in the Polar Regions NSF-22 NSF Payroll System NSF-23 NSF Staff Biography NSF-24 Official Passports NSF-26 Personnel Security NSF-34 Integrated Time and Attendance System

(ITAS)NSF-36 Personnel Tracking System (Antarctic) NSF-38 Visa Applications and Alien Application for Consideration of Waiver of Two-Year Foreign Residence Requirements—NSF NSF-43 Doctorate Work History File NSF-48 Telephone Call Detail Program Records NSF-49 Frequent Traveler Profile NSF-50 Principal Investigator/Proposal File & Associated Records NSF-51 Reviewer/Proposal File & Associated Records NSF-52 Office of Inspector General Investigative Files NSF-53 Public Transportation Subsidy Program NSF-54 Reviewer/Fellowship & Other Award File & All Associated Records NSF-55 Debarment/Scientific Misconduct Files NSF-56 Antarctic Conservation Act Files NSF-57 Delinquent Debtors File NSF-59 Science & Technology Centers

(STC)Database NSF-60 Antarctica Service Records NSF-61 Diving Safety Records (Polar Regions) NSF-62 Radiation Safety Records (Polar Regions) NSF-63 Accident & Injury Reports (Antarctic) NSF-64 Project Participant File NSF-65 NSF Electronic Payment File NSF-66 NSF Photo Identification Card System NSF-67 Invention, Patent & Licensing Documents NSF-68 Project Results Information Database NSF-69 Education and Training Records Files NSF-70 NSF Visitor Credentials System NSF-71 General Correspondence Files [FR Doc. 07-4049 Filed 8-17-07; 8:45 am]

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