[Federal Register Volume 69, Number 73 (Thursday, April 15, 2004)]
[Notices]
[Pages 20030-20033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8535]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-055-5853-EU]


Notice of Realty Actions: Competitive Sale of Public Lands in 
Clark County, NV; Termination of Recreation and Public Purposes 
Classification and Segregation; Withdrawal of the Formerly Classified 
Lands by the Southern Nevada Public Land Management Act

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Land Management (BLM) proposes to sell federally 
owned parcels of land in Clark County, Nevada, aggregating 
approximately 2,532.01 acres. All sales will be conducted on June 2, 
2004, in accordance with competitive bidding procedures. The BLM also 
is terminating the R&PP classification of other lands in Clark County 
that are withdrawn by the Southern Nevada Public Land Management Act.

DATES: Comments regarding the proposed sale must be received by BLM on 
or before June 1, 2004.
    Sealed bids must be received by BLM not later than 4:30 p.m., 
p.d.t., May 26, 2004.
    All parcels of land proposed for sale are to be put up for purchase 
and sale, at public auction, beginning at 10 a.m., p.d.t., June 2, 
2004. Registration for oral bidding will begin at 8 a.m., p.d.t., June 
2, 2004. The public auction will begin at 10 a.m., p.d.t., June 2, 
2004.
    Other deadline dates for the receipt of payments, and arranging for 
certain payments to made by electronic transfer, are specified in the 
proposed terms and conditions of sale, as stated herein.

ADDRESSES: Comments regarding the proposed sale, as well as sealed bids 
to be submitted to BLM, should be addressed to: Field Manager, Las 
Vegas Field Office, Bureau of Land Management, 4701 N. Torrey Pines 
Drive, Las Vegas, Nevada 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 Las Vegas Field Office (LVFO).
    The address for oral bidding registration, and for where the public 
auction will be held, is: Sam's Town Hotel and Casino, 5111 Boulder 
Highway, Las Vegas, Nevada.
    The auction will take place at Sam's Town Live, located within the 
Sam's Town Hotel and Casino.

FOR FURTHER INFORMATION CONTACT: You may contact Judy Fry, Program, 
SALES at (702) 515-5081 or by e-mail at [email protected]. You may also 
call (702) 515-5000 and ask to have your call directed to a member of 
the Sales Team.

SUPPLEMENTARY INFORMATION: The following lands have been authorized and 
designated for disposal under the Southern Nevada Public Land 
Management Act of 1998 (112 Stat. 2343), as amended by the Clark County 
Conservation of Public Land and Natural Resources Act of 2002 (116 
Stat. 1994), (hereinafter ``SNPLMA''). These lands are proposed to be 
put up for purchase and sale by competitive auction on June 2, 2004, at 
an oral auction to be held in accordance with the applicable provisions 
of section 203 and section 209 of the Federal Land Policy and 
Management Act of 1976 (FLPMA) (43 U.S.C. 1713 and 1719), respectively, 
and its implementing regulations, 43 CFR part 2710, at not less than 
the fair market value (FMV) of each parcel, as determined by the 
authorized officer after an appraisal.

Lands Proposed for Sale

Mount Diablo Meridian, Nevada

T.19 S, R. 59 E.,
    Sec. 2, W\1/2\NE\1/4\SE\1/4\NE\1/4\, E\1/2\NW\1/4\SE\1/4\NE\1/
4\;
    Sec. 25, SE\1/4\SE\1/4\NW\1/4\.
T.19 S, R. 60 E.,
    Sec. 18, Lots 13 and 14, E\1/2\SE\1/4\SW\1/4\NE\1/4\;
    Sec. 29, NE\1/4\NE\1/4\SW\1/4\NW\1/4\, SE\1/4\NE\1/4\SW\1/
4\NW\1/4\;
    Sec. 31, NE\1/4\NE\1/4\NE\1/4\NW\1/4\, NE\1/4\NE\1/4\SE\1/
4\SW\1/4\, SE\1/4\NE\1/4\SE\1/4\SW\1/4\,

[[Page 20031]]

NW\1/4\SE\1/4\SE\1/4\SW\1/4\, SW\1/4\SE\1/4\SE\1/4\SW\1/4\, NE\1/
4\SW\1/4\SE\1/4\SE\1/4\, SE\1/4\SW\1/4\SE\1/4\SE\1/4\;
    Sec. 32, NE\1/4\NW\1/4\SE\1/4\NW\1/4\, NW\1/4\NW\1/4\SE\1/
4\NW\1/4\.
T.20 S, R. 60 E.,
    Sec. 6, Lots 40 through 49, SE\1/4\NW\1/4\SW\1/4\NE\1/4\, NE\1/
4\SE\1/4\SE\1/4\NW\1/4\, SE\1/4\SE\1/4\SE\1/4\NW\1/4\,
    Sec. 22, N\1/2\NE\1/4\NW\1/4\SE\1/4\,
    Sec. 33, Lots 60 and 61.
T.21 S, R. 60 E.,
    Sec. 3, Lots 88, 89 and 90;
    Sec. 24, S\1/2\SE\1/4\;
    Sec. 28, N\1/2\NE\1/4\SW\1/4\SE\1/4\SW\1/4\, S\1/2\NE\1/4\SW\1/
4\SE\1/4\SW\1/2\, SE\1/4\SW\1/4\SE\1/4\SW\1/4\, NW\1/4\SE\1/4\SE\1/
4\SW\1/4\, SW\1/4\SE\1/4\SE\1/4\SW\1/4\.
T. 22 S, R. 60 E.,
    Sec. 15, NW\1/4\NW\1/4\NE\1/4\SW\1/4\, E\1/2\NE\1/4\NW\1/4\SE\1/
4\SW\1/4\, NE\1/4\NE\1/4\NE\1/4\SE\1/4\;
    Sec. 16, W\1/2\NW\1/4\NE\1/4\NE\1/4\SW\1/4\, S\1/2\NE\1/4\SE\1/
4\SW\1/4\SE\1/4\, W\1/2\NE\1/4\NW\1/4\SE\1/4\SE\1/4\, W\1/2\NW\1/
4\NW\1/4\SE\1/4\SE\1/4\;
    Sec. 17, E\1/2\SE\1/4\SW\1/4\SE\1/4\, W\1/2\SW\1/4\SW\1/4\SE\1/
4\;
    Sec. 21, NW\1/4\NE\1/4\SE\1/4\NE\1/4\, NW\1/4\NE\1/4\SW\1/
4\NW\1/4\, N\1/2\NW\1/4\SW\1/4\NW\1/4\, NW\1/4\NE\1/4\SE\1/4\NW\1/
4\, NE\1/4\NW\1/4\SE\1/4\NW\1/4\;
    Sec. 22, E\1/2\NE\1/4\SE\1/4\SE\1/4\SW\1/4\SW\1/4\;
    Sec. 23, SW\1/4\NE\1/4\SE\1/4\NE\1/4\;
    Sec. 24, NW\1/4\NE\1/4\NE\1/4\NW\1/4\, SE\1/4\SW\1/4\SW\1/
4\NW\1/4\, SW\1/4\SE\1/4\SW\1/4\NW\1/4\, NW\1/4\SW\1/4\SW\1/4\NE\1/
4\, SW\1/4\SW\1/4\SW\1/4\NE\1/4\, NW\1/4\SE\1/4\SW\1/4\NE\1/4\, 
SE\1/4\SE\1/4\SW\1/4\NE\1/4\, NW\1/4\SW\1/4\SE\1/4\NE\1/4\;
    Sec. 26, W\1/2\NW\1/4\NW\1/4\SW\1/4\.
T. 22 S, R. 61 E.,
    Sec. 28, Lots 37 and 48;
    Sec. 29, NW\1/4\SE\1/4\SW\1/4\SE\1/4\;
    Sec. 30, SW\1/4\NW\1/4\SE\1/4\NE\1/2\, W\1/2\NW\1/4\SW\1/4\SE\1/
4\NE\1/4\;
    Sec. 33, Lots 85 through 88.
T. 23 S, R. 61 E.,
    Sec. 7, Lots 1 and 2, NE\1/4\, E\1/2\NW\1/4\, NE\1/4\SE\1/4\;
    Sec. 11, S\1/2\SE\1/4\NE\1/4\SW\1/4\, E\1/2\SE\1/4\SW\1/4\, S\1/
2\S\1/2\NW\1/4\SE\1/4\, SW\1/4\SE\1/4\, W\1/2\W\1/2\SE\1/4\SE\1/4\;
    Sec. 14, W\1/2\W\1/2\NE\1/4\NE\1/4\, SE\1/4\SW\1/4\NE\1/4\NE\1/
4\, W\1/2\NE\1/4\, W\1/2\E\1/2\SE\1/4\NE\1/4\, W\1/2\SE\1/4\NE\1/4\, 
E\1/2\E\1/2\NW\1/4\, E\1/2\NE\1/4\SW\1/4\, NE\1/4\SW\1/4\NE\1/
4\SW\1/4\, S\1/2\SW\1/4\NE\1/4\SW\1/4\, NE\1/4\NE\1/4\SW\1/4\SW\1/
4\, S\1/2\NE\1/4\SW\1/4\SW\1/4\, SW\1/4\NW\1/4\SW\1/4\SW\1/4\, S\1/
2\SW\1/4\SW\1/4\, SE\1/4\SW\1/4\SE\1/4\;
    Sec. 15, SW\1/4\NW\1/4\NE\1/4\SE\1/4\, SW\1/4\NE\1/4\SE\1/4\, 
SW\1/4\SE\1/4\NE\1/4\SE\1/4\, NE\1/4\NE\1/4\NW\1/4\SE\1/4\, S\1/
2\NE\1/4\NW\1/4\SE\1/4\, S\1/2\NW\1/4\SE\1/4\, S\1/2\SE\1/4\;
    Sec. 22, E\1/2\, SW\1/4\;
    Sec. 23, All;
    Sec. 24, SW\1/4\NW\1/4\NW\1/4\NW\1/4\, SW\1/4\NW\1/4\NW\1/4\, 
SW\1/4\SE\1/4\NW\1/4\NW\1/4\, SE\1/4\NE\1/4\SW\1/4\NW\1/4\, W\1/
2\E\1/2\SW\1/4\NW\1/4\, W\1/2\SW\1/4\NW\1/4\, E\1/2\SE\1/4\SW\1/
4\NW\1/4\, W\1/2\SW\1/4\SE\1/4\NW\1/4\, W\1/2\E\1/2\SW\1/4\, W\1/
2\SW\1/4\, W\1/2\NE\1/4\SE\1/4\SW\1/4\, SE\1/4\SE\1/4\SW\1/4\

Consisting of 71 Parcels Containing 2,532.01 Acres, More or Less

    The proposed sale will include nine (9) parcels that have been 
identified for sale at previous auctions, but did not sell because 
either they did not receive any bids, or the sales were cancelled due 
to default. These nine (9) parcels identified as N-75200, N-77032, N-
77040, N-77054, N-77055, N-77057 and N-77065, N-76385 and N-76400 
contain 1,966.25 acres, more or less. The nine (9) resale parcels will 
be auctioned under the terms and conditions of this NORA.
    If a parcel of land is sold, the locatable mineral interests 
therein will be sold simultaneously as part of the sale. The lands 
identified for sale have no known locatable mineral value. An offer to 
purchase any parcel at auction will constitute an application for 
conveyance of the locatable mineral interests. 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.

Terms and Conditions of Sale

    The terms and conditions applicable to this sale are as follows: 
All parcels are subject to the following:
    1. All discretionary leaseable and saleable mineral deposits are 
reserved; but permittees, licensees, and lessees retain the right to 
prosper for, mine, and remove such minerals owned by the United States 
under applicable law and any regulations that the Secretary of the 
Interior may prescribe, including all necessary access and exit rights.
    2. A right-of-way is reserved for ditches and canals constructed by 
authority of the United States under the Act of August 30, 1890 (42 
U.S.C. 945).
    3. All parcels are subject to valid existing rights. Parcels may 
also be subject to applications received prior to publication of this 
notice if processing the application would have no adverse affect on 
the federally approved Fair Market Value (FMV). Encumbrances of record, 
appearing in the BLM public files for the parcels proposed for sale, 
are available for review during business hours, 7:30 a.m. p.d.t. to 
4:30 p.m. f.d.t., Monday through Friday, at the BLM LVFO.
    4. All parcels are subject to reservations for roads, public 
utilities and flood control purposes, both existing and proposed, in 
accordance with the local governing entities' Transportation Plans.
    5. No warranty of any kind, express or implied, is given by the 
United States as to the title, physical condition or potential uses of 
the parcels of land proposed for sale; and the conveyance of nay such 
parcel will not be on a contingency basis. However, to the extent 
required by law, all such parcels are subject to the requirements of 
section 120(h) of the Comprehensive Environmental Response Compensation 
and Liability Act, as amended (CERCLA) (42 U.S.C. 9620(h)).
    6. All purchases/patentees, by accepting a patent, agree to 
indemnify, defend, and hold the United States harmless from any costs, 
damages, claims, causes of action, penalties, fines, liabilities, and 
judgment 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) other releases 
or threatened releases of solid or a hazardous waste(s) and/or 
hazardous substance(s), as defined by Federal or State environmental 
laws, off, on, into or under land, property and other interests of the 
United States; (5) other activities by which solids or hazardous 
substances or wastes, as defined by Federal and State environmental 
laws are generated, released, stored, used or otherwise disposed of on 
the patented real property, and any clean up 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

[[Page 20032]]

conveyed by the United States, and may be enforced by the United States 
in court of competent jurisdiction.
    7. Maps delineating the individual proposed sale parcels are 
available for public review at the BLM LVFO. Current appraisals for 
each parcel will be available for public review at the LVFO on or about 
April 5, 2004.
    8. (a) bids may be received by sealed bid for all parcels (with the 
exception of N-75200 and N-77125), or orally for all parcels at 
auction. Because of the Memorial Day holiday, all sealed bids must be 
received at the BLM LVFO, no later than 4:30 p.m. P.d.t., May 26, 204. 
Sealed bid envelopes must be marked on the lower front left corner with 
the BLM Serial Number for the parcel and the sale date. Bids must be 
for not less than the federally approved FMV and a separate bid must be 
submitted for each parcel.
    8. (b) Each sealed bid shall be accompanied by a certified check, 
money order, bank draft, or cashier's check made payable to the order 
of the Bureau of Land Management, for not less than 10 percent or more 
than 30 percent of the amount bid. The highest qualified sealed bid for 
each 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.
    9. All parcels will be put up for competitive sale by oral auction 
beginning at 10 a.m., P.d.t., June 2, 2004, at Sam's Town Live located 
inside of Sam's Town Hotel and Casino, 5111 Boulder Highway, Las Vegas, 
Nevada. Sam's Town Live is located near the box office and close to the 
movie theatres within Sam's Town Hotel and Casino. Interested parties 
who will not be bidding are not required to register and may proceed 
directly to Sam's Town Live. If you are at the auction to conduct 
business with the high bidders or are there to observe the process, 
should seating become limited, you may be asked to relinquish your seat 
in order to provide seating for all bidders before the auction begins. 
We will try to provide an audio/visual transmission outside the hall 
for your convenience.
    10. All oral bidders are required to register. Registration for 
oral bidding will begin at 8 a.m. P.d.t. on the day of the sale and 
will end at 10 a.m. P.d.t. You may pre-register by mail or fax by 
completing the form located in the sale folder and also available at 
the BLM LVFO.
    11. Prior to receiving a bidder number on the day of the sale, all 
registered bidders must submit a certified check, bank draft, or 
cashier's check in the amount of $10,000. The check must list as 
individual (and not joint) payees both the Bureau of Land Management 
and your name or company name separated by the world ``or''. On the day 
of the sale, pre-registered bidders may go to the Express Registration 
Desk, present a Photo Identification Card, the required $10,000 check, 
and receive a bidder number. All other bidders must go to the standard 
Registration Line where additional information will be requested along 
with your Photo Identification Card and the required $10,000 check. 
Upon completion of registration you will be given a bidder number. If 
you are a successful bidder, the $10,000 will be applied to your 
required 20% deposit. For parcels N-75200 and N-77125, arrangements may 
be made for Electronic Fund Transfer (EFT) of the 20% deposit by 
notifying BLM no later than May 14, 2004 of your intent to use EFT.
    12. If you purchase one or more parcels and default on any single 
parcel, the default will be against all of your parcels. BLM will 
retain your $10,000 and the sale of all parcels to you will be 
canceled. Following the auction, checks will be returned to the 
unsuccessful bidders upon presentation of photo identification at the 
Registration Area.
    13. The highest qualifying bid for any 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 by 4:30 p.m. P.d.t. on 
the day of the sale in the form of cash, personal check, bank draft, 
cashiers check, money order or any combination thereof, made payable to 
the Bureau of Land Management, for not less than 20 percent of the 
amount of the successful bid. If not paid by close of the auction, 
funds must be delivered no later than 4:30 a.m. P.d.t. the day of the 
sale to the BLM Collection Officers at Sam's Town Live.
    14. The remainder of the full bid price, whether sealer or oral, 
must be paid within 180 calendar days of the competitive sale date in 
the form of a certified check, money order, bank draft, or cashier's 
check made payable to the Bureau of Land Management. Personal checks 
will no longer be accepted. Arrangements for Electronic Fund Transfer 
(EFT) to BLM for the balance which is due on or before November 29, 
2004, should be made a minimum of two weeks prior to the date you wish 
to make payment. Failure to pay the full price within the 180 days will 
disqualify the apparent high bidder and cause the entire bid deposit to 
be forfeited to the BLM.
    15. Parcels N-75200 and N-77125 will only be put up for sale at the 
oral auction. Sealed bids for these parcels will not be accepted. If 
these parcels are not sold at the oral auction, they will not be sold 
on the Online Internet Auction.
    16. 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. For parcels designated Serial Numbers N-75200 and N-77125 
specifically, each prospective bidder will be required to present a 
certified check, postal money order, bank draft or cashier's check made 
payable to the order of (individually and not jointly) the Bureau of 
Land Management or (insert your name or company name here) for an 
amount of money which shall be no less than 20% of the federally 
approved FMV of the designated parcels, Serial Numbers N-75200 and N-
77125, in order to be eligible to bid on each respective parcel. In 
order to bid on both designated parcels listed, a separate certified 
check, postal money order, bank draft or cashier's check for an amount 
of money which shall be no less than 20% of the federally approved FMV 
for each designated parcel will be required. The check(s) must list 
both the Bureau of Land Management and your name or company name 
separated by the word ``or''.
     17. Additional Information: The BLM may accept or reject any or 
all offers, or withdraw any 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 FLPMA or other applicable laws 
or are determined to not be in the public interest. If not sold, any 
parcel described above in this notice may be identified for sale at a 
later date without further legal notice. Unsold parcels, with the 
exception of parcels N-75200 and N-77125, may be put up for sale on the 
Internet. Internet auction procedures will be available at 
www.auctionrp.com. If unsold on the Internet, parcels may be put up for 
sale at future auctions without additional legal notice. Upon 
publication of this notice and until the completion of the sale, the 
BLM is no longer accepting land use applications affecting any parcel 
identified for sale, including parcels that have been published in a 
previous notice of realty action. However, land use applications may be 
considered after completion of the sale for parcels that are not sold 
through sealed, oral, or online Internet auction procedures provided 
the authorization will not adversely affect the marketability or value 
of the parcel.
     Federal law requires bidders to be U.S. citizens 18 years of age 
or older; a corporation subject to the laws of any State or of the 
United States; a State,

[[Page 20033]]

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. Certification of qualification, including 
citizenship or corporation or partnership, must accompany the bid 
deposit.
     In order to determine the value, through appraisal, of the parcels 
of land proposed to be sold, certain extraordinary assumptions may have 
been made of the attributes and limitations of the lands and potential 
effects of local regulations and policies on potential future land 
uses. Through publication of this NORA, the Bureau of Land Management 
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 property. 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) 515-5114. This information will also be available on the 
Internet at http://propertydisposal.gsa.gov. Click on NV for Nevada. It 
will also be available on the Internet at http://www.nv.blm.gov. Click 
on Southern Nevada Public Land Management Act and go to Land Sales.

Public Comments

     The general public and interested parties may submit comments 
regarding the proposed sale and purchase to the Field Manager, BLM 
LVFO, up to 45 days after publication of this notice in the Federal 
Register. Any adverse comments will be reviewed by the Nevada BLM State 
Director, who may sustain, vacate, or modify this realty action in 
whole or in part. In the absence of any adverse comments, this realty 
action will become the final determination of the Department of 
Interior. Any comments received during this process, as well as the 
commentor's name and address, will be available to the public in the 
administrative record and/or pursuant to a Freedom of Information Act 
request. You may indicate for the record that you do not wish to have 
your name and/or address made available to the public. Any 
determination by the Bureau of Land Management to release or withhold 
the names and/or addresses of those who comment will be made on a case-
by-case basis. A request from a commentor to have their name and/or 
address withheld from public release will be honored to the extent 
permissible by law.

Termination of R&PP Classification--SNPLMA Withdrawal

     Additionally, the following leases granted under the Recreation 
and Public Purposes (R&PP) Act, 43 U.S.C. 869 et. seq., have 
relinquished: N-37113 (98FR5515), N-63113 (64FR50527-50528), and N-
66077 (65FR3245-3246). This notice officially terminates the R&PP 
classification and segregation of the parcels, but does not serve as an 
opening order because those parcels are within the disposal boundary 
set by Congress in SNPLMA. Pursuant to section 4(c) of SNPLMA, these 
parcels are withdraw, subject to valid existing rights, from entry and 
appropriation under the public land laws, location and entry under the 
mining laws and from operation under the mineral leasing and geothermal 
leasing laws, until such time as the Secretary of Interior terminates 
the withdrawal or the lands are patented.

    Dated: April 1, 2004.
Mark T. Morse,
Field Manager.
[FR Doc. 04-8535 Filed 4-14-04; 8:45 am]
BILLING CODE 4310-HC-M