Free Motion to Dismiss - Rule 12(b)(1) - District Court of Federal Claims - federal

Case 1:05-cv-00367-ECH

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EXHIBIT N

Case 1:05-cv-00367-ECH

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65 FR 59867-02 65 FR 59867-02, 2000 WL 1475482 (F.R.) (Cite as: 65 FR 59867)

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NOTICES DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-030-1920-ET-4132; NVN-37171] Legal Description of Naval Air Station Fallon Ranges--Range Safety and Training Withdrawal; Nevada Friday, October 6, 2000 *59867 AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: This notice provides official publication of the legal description for the Department of the Navy's Range Safety and Training Withdrawal as required by sec. 3012 of Pub. L. 106-65, enacted October 5, 1999. EFFECTIVE DATE: October 5, 1999. FOR FURTHER INFORMATION CONTACT: Dennis J. Samuelson, BLM Nevada State Office, P.O. Box 12000, Reno, Nevada 89520, (775)-861-6532. SUPPLEMENTARY INFORMATION: Pub. L. 106-65 withdrew 201,933 acres in Churchill County, Nevada for the Naval Air Station Fallon Range Safety and Training Withdrawal. The legal description for this withdrawal is as follows: Mount Diablo Meridian B-16 T. 17 N., R. 27 E., Secs. 1 to 3, inclusive; Sec. ii, E 1/2; Secs. 12 and 13; Sec. 14, E 1/2; © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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US00081

Case 1:05-cv-00367-ECH

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65 FR 59867-02 65 FR 59867-02, 2000 WL 1475482 (F.R.) (Cite as: 65 FR 59867)

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Secs. 23 to 26, inclusive; Secs. 35 and 36. T. 18 N., 27 E., Secs. 25 and 26; Sec. 35, E 1/2; Sec. 36. T. 16 N., R. 28 E., Sec. 3, lots 2 to 4, inclusive, SW 1/4 NE 1/4 , and S 1/2 NW 1/4; Sec. 4, lots 1 to 4, inclusive, and S 1/2 N 1/2; T. 17 N., R. 28 E., Secs. 4 to 9, inclusive; Secs. 16 to 21, inclusive; Sec. 22, W 1/2 NE 1/4 , NW 1/4 , and S 1/2; Secs. 27 to 34, inclusive; T. 18 N., R. 28 E., Sec. 28, W 1/2 E 1/2 and W 1/2; Secs. 29 to 32, inclusive; Sec. 33, W 1/2 E 1/2 and W 1/2. The area described for B-16 contains 27,252.76 acres in Churchill County. B-17 T. 15 N., R. 33 E.,

Secs. 1 to 5, inclusive; Sec. 6, that portion east of the easterly right-of-boundary for State Route 839; Sec. 7, that portion east of the easterly right-of-boundary for State Route 839;

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Case 1:05-cv-00367-ECH

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65 FR 59867-02 65 FR 59867-02, 2000 WL 1475482 (F.R.) (Cite as: 65 FR 59867)

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Secs. 8 to 17, inclusive; Sec. 18, that portion east of the easterly right-of-boundary for State Route 839; Sec. 19, that portion east of the easterly right-of-boundary for State Route 839; Secs. 20 to 28, inclusive, Secs. 35 and 36. T. 16 N., R. 33 E.,

Sec. I, that portion south of the southerly right-of-boundary for U.S. Highway 50; Sec. 2, that portion south of the southerly right-of-boundary for U.S. Highway 50; Sec. 3, those portions of the S 1/2 NE 1/4 , SW 1/4 NW 1/4 , S 1/2 , south of the southerly right-of-way boundary for U.S. Highway 50; Sec. 4, that portion south of the southerly right-of-boundary for U.S. Highway 50; Sec. 5, that portion south of the southerly right-of-way boundary for U.S. Highway 50 and east of the easterly right-of-way boundary for State Route 839; Sec. 8, that portion east of the easterly right-of-boundary for State Route 839; Sec. 9 to 16, inclusive; Sec. 17, that portion east of the easterly right-of-boundary for State Route 839; Sec. 18, that portion east of the easterly right-of-boundary for State Route 839; Sec. 19, that portion east of the easterly right-of-boundary for State Route 839; Secs. 20 to 29, inclusive; Sec. 30, that portion east of the easterly right-of-boundary for State Route 839; Sec. 31, that portion east of the easterly right-of-boundary for State Route 839; Sec. 32, that portion east of the easterly right-of-boundary for State Route 839; Secs. 33 to 36, inclusive. T. 15 N., R. 34 E., (partially surveyed)

Sec. 4, lot 4 and W 1/2 SW 1/4;

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Case 1:05-cv-00367-ECH

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65 FR 59867-02 65 FR 59867-02, 2000 WL 1475482 (F.R.) (Cite as: 65 FR 59867)

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Secs. 5 and 6; Sec 7, except patented lands;

Sec 8; Sec Sec 9, w 1/2 W 1/2; 16, W 1/2 w 1/2;

Sec 17; Sec Secs. 18, except patented lands; 19 and 20.

See. 21, W 1/2 NW 1/4 and NW 1/4 SW 1/4; Secs. 29 to 31, inclusive. T. 16 N., R. 33 1/2 E, (unsurveyed) Secs. I, that portion south of the southerly right-of-boundary for U.S. Highway 5O; Secs. 12, 13, 24, 25, and 36.

T. 16 N., R. 34 E., (partially surveyed) Sec. 4, lots 4, 6, 7, 8, 13, 14, and SW 1/4; See. 5, that portion south of the southerly right-of-boundary for U.S. Highway 50; Sec. 6, that portion south of the southerly right-of-boundary for U.S. Highway 50; Sec. 7, except patented lands; Sec. 8; Sec. 9, W 1/2 except patented lands; Sec. 16, W 1/2 except patented lands; Sec. 17, lots 1 to 16, inclusive; Sec. 18, except patented lands; Sec. 19, except patented lands; © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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US00084

Case 1:05-cv-00367-ECH

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65 FR 59867-02 65 FR 59867-02, 2000 WL 1475482 (F.R.) (Cite as: 65 FR 59867)

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Sec. 20, except patented lands; Sec. 21, W 1/2 except patented lands; Sec. 28, W 1/2; Secs. 29 to 32, inclusive; Sec. 33, W 1/2. The area described for B-17 contains 52,830.35 acres in Churchill County. B-19 T. 15 N., R. 29 E., Secs. 1 to 3, inclusive; Sec. 4, those portions of lot i, S 1/2 NE 1/4 , E 1/2 SE 1/4 east of the easterly right-of-way boundary for U.S. Highway 95; Sec. 9, that portion of the E 1/2 E 1/2 east of the easterly right-of-way boundary for U.S. Highway 95; Secs. i0 to 15, inclusive; Sec. 16, that portion of the E 1/2 E 1/2 east of the easterly right-of-way boundary for U.S. Highway 95; Sec. 21, that portion east of the easterly right-of-way boundary for U.S. Highway 95; Secs 22 to 24, inclusive. T. 15 N., R. 30 E., Secs. 1 to 24, inclusive; T. 16 N., R. 30 E., Sec. 32, SE 1/4; Sec. 33, S 1/2; *59868 Sec. 34, S 1/2; Sec. 35, S 1/2.

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Case 1:05-cv-00367-ECH

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65 FR 59867-02 65 FR 59867-02, 2000 WL 1475482 (F.R.) (Cite as: 65 FR 59867)

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T. 15 N., R. 31 E., Secs. 5 to 8, inclusive; Secs. 17 to 20, inclusive. The area describe for B-19 contains 29,276.40 acres in Churchill County. B-20 T. 23 N., R. 32 E.,

Sec. 2, 4, 6, 8, i0, 12, 14, 16, 18 20, 22, 24, 26, 28, and 30. T. 24 N., R. 32 E., Secs. 20, 22, 24, 26, 28, 30, 32, 34, and 36. T. 23 N., R. 33 E., Secs. 6 and 8; Sec. 17, SE 1/4; Sec. 18; Sec. 19, lots 3 and 4, E 1/2 SW 1/4 , and SE 1/4; Secs. 20 and 29; Sec. 30, lots 1 to 4, E 1/2 , and E 1/2 W 1/2. T. 24 N., R. 33 E., Secs. 20, 30, and 32. The area described for B-20 contains 21,577 acres in Churchill County. Shoal Site T. 15 N., R. 32 E., Secs. 4 and 5; Sec. 8, N 1/2; Sec. 9, N 1/2.

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Case 1:05-cv-00367-ECH

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65 FR 59867-02 65 FR 59867-02, 2000 WL 1475482 (Cite as: 65 FR 59867) (F.R.)

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T. 16 N., R. 32 E., Secs. 33 and 34. The area described for Shoal Site contains 2,560 acres in Churchill County. The areas B-16, B-17, B-19, B-20, and Shoal Site aggregate 133,496.51 acres. Portions of these lands are unsurveyed and the acres were based on protraction diagrams. Pursuant to section 3011(a) (i) of Public Law 106-65, dated October 5, 1999, these areas were withdrawn from all forms of appropriation under the public land laws, including the mining laws, and the mineral leasing and geothermal leasing laws. Dixie Valley Training Area T. 16 N., R. 33 E., Sec. i, that portion lying north of the northerly right-of-way boundary for U.S. Highway 50; Sec. 2, that portion lying north of the northerly right-of-way boundary for U.S. Highway 50; Sec. 3, that portion lying north of the northerly right-of-way boundary for U.S. Highway 50; Sec. 4, that portion lying north of the northerly right-of-way boundary for U.S. Highway 50; Sec. 5, that portion lying north of the northerly right-of-way boundary for U.S. Highway 50. T. 17 N., R. 33 E., Secs. 1 to 5, inclusive; Secs. 8 to 17, inclusive; Secs. 20 to 29, inclusive; Secs. 32 to 36, inclusive. T. 18 N., R. 33 E., Sec. 9, E 1/2; Sec. i0, that portion south of Elevenmile Canyon Wash;

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Case 1:05-cv-00367-ECH

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65 FR 59867-02 65 FR 59867-02, 2000 WL 1475482 (F.R.) (Cite as: 65 FR 59867)

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Sec. 13, that portion south of Elevenmile Canyon Wash; Sec. 14, that portion south of Elevenmile Canyon Wash; Sec. 15, Sec. 16, E 1/2; Secs. 21 to 28, inclusive; Sec. 29, E 1/2; Secs. 32 to 36. T. 16 N., R. 33 1/2 E., Sec. I, that portion north of the northerly right-of-way boundary for U.S. Highway 50. T. 17 N. , R. 33 1/2 E. , Secs. i, 12, 13, 24, 25, and 36; T. 18 N., R. 33 1/2 E., Sec. 13, those portions of lot 4 and the E 1/2 SW 1/4 south of Elevenmile Canyon Wash; Sec. 24, lots 1 to 4, inclusive, E 1/2 SW 1/4 , SE 1/4 , and those portions of the E 1/2 NW 1/4 and the NE 1/4 south of Elevenmile Canyon Wash; Secs. 25 and 36. T. 16 N., R. 34 E., Sec. 4, lots 3 and 5; Sec. 5, that portion north of the northerly right-of-way boundary for U.S. Highway 50 ; Sec. 6, that portion north of the northerly right-of-way boundary for U.S. Highway 50. T. 17 N., R. 34 E.,

Sec. 3, lots 3 and 4, S I/2NW 1/4 , and SW 1/4; Secs. 4 to 9, inclusive; © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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Case 1:05-cv-00367-ECH

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65 FR 59867-02 65 FR 59867-02, 2000 WL 1475482 (F.R.) (Cite as: 65 FR 59867)

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Sec. I0, W 1/2; Sec. 15, W 1/2; Secs. 16 to 21, inclusive; Sec. 22, W 1/2; Sec. 27, W 1/2; Secs. 28 to 33, inclusive; Sec. 34, W 1/2. T. 18 N., R. 34 E.,

Sec. 3; Sec. 4, lot i, SE 1/4 NE 1/4 , E 1/2 SE 1/4 , and those portions of lot 2, SW 1/4 NE 1/4 , W 1/2 SE 1/4 , lying east of the easterly right-of-way boundary for State Route 121 (Dixie Valley Road); Sec. 9, E 1/2 E 1/2 , and that portion of the W 1/2 E 1/2 lying east of the easterly right-of-way boundary for State Route 121 (Dixie Valley Road); Secs. I0 and 15; Sec. 16, E 1/2 E 1/2 , and that portion of the W 1/2 E 1/2 lying east of the easterly right-of-way boundary for State Route 121 (Dixie Valley Road); Sec. 19, lots 2 to 4, inclusive, E 1/2 SW 1/4 , SE 1/4 , and those portions of the S 1/2 NE 1/4 and SE 1/4 NW 1/4 lying south of Elevenmile Canyon Wash; Sec. 20, that portion lying south of Elevenmile Canyon Wash; Sec. 21, E 1/2 , and that portion of the E 1/2 W 1/2 lying east of the easterly right-of-way boundary for State Route 121 (Dixie Valley Road), and that portion of W 1/2 SW 1/4 lying south of Elevenmile Canyon Wash; Sec. 22; Secs. 27 to 34. T. 19 N., R. 34 E., Sec. 3; Sec. 4, those portions of lot I, SE I/4 NE 1/4 , E 1/2 SE 1/4 , lying east of the © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.

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Case 1:05-cv-00367-ECH

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65 FR 59867-02 (F.R.) 65 FR 59867-02, 2000 WL 1475482 (Cite as: 65 FR 59867)

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easterly right-of-way boundary for State Route 121 (DixieValley Road); Sec. 9, that portion of E 1/2 lying east of the easterly right-of-way boundary for State Route 121 (Dixie Valley Road); Secs. i0 and 15; Sec. 16, that portion of E 1/2 lying east of the easterly right-of-way boundary for State Route 121 (Dixie Valley Road); Sec. 21, that portion of E 1/2 lying east of the easterly right-of-way boundary for State Route 121 (Dixie Valley Road); Secs. 22 and 27; Sec. 28, that portion of E 1/2 lying east of the easterly right-of-way boundary for State Route 121 (Dixie Valley Road); Sec. 33, that portion of E 1/2 lying east of the easterly right-of-way boundary for State Route 121 (Dixie Valley Road); Sec. 34. T. 20 N., R. 34 E., Sec. 2, lots 2 to 4, inclusive, SE 1/4 NE 1/4 , S 1/2 NW 1/4 , SW 1/4 , and W 1/2 SE 1/4 ; Sec. 3, lot i, SE 1/4 NE 1/4 , and E 1/2 SE 1/4; Sec. i0, E 1/2 E 1/2; Sec. Ii, W 1/2 E 1/2 and W 1/2; Sec. 26, W 1/2 E 1/2 and W 1/2; Sec. 27; Sec. 28, that portion of the E 1/2 E 1/2 lying east of the easterly right-of-way boundary for State Route 121 (Dixie Valley Road); Sec. 33, that portion of the E 1/2 E 1/2 lying east of the easterly right-of-way boundary for State Route 121 (Dixie Valley Road); Sec. 34. T. 21 N., R. 34 E.,

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Case 1:05-cv-00367-ECH

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65 FR 59867-02 65 FR 59867-02, 2000 WL 1475482 (F.R. (Cite as: 65 FR 59867)

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Sec. 25, lots 1 and 2, W 1/2 NE 1/4 and NW 1/4. T. 21 N., R. 35 E., Sec. 17, W 1/2; Sec. 18, lots 5 to Ii, inclusive, and E 1/2 SE 1/4 SE 1/4 NE 1/4. The Dixie Valley Training Area contains 68,437 acres in Churchill County. Portions of these lands are unsurveyed and acres are based on protraction diagrams. Pursuant to Section 3011(a) (i) of Public Law 106-65, dated October 5, 1999, these areas were withdrawn from all forms of appropriation under the public land laws, including the mining laws, and the geothermal leasing laws, but not the mineral leasing laws. A copy of the legal description and the map depicting the withdrawn lands are available for public inspection at the following offices: Director (350), BLM, 1620 L Street, NW., Room i000, Washington, DC 20036 State Director, BLM, Nevada State Office, 1430 Financial Blvd., Reno, Nevada, 89502 Field Manager, BLM Carson City Field Office, 5665 Morgan Hill Rd., Carson City, Nevada, 89701. Commanding Officer, Naval Air Station Fallon, 4755 Pasture Road, Fallon, Nevada 89496-5000 Commanding Officer, Engineering Field Activity Northwest, Naval Facilities *59869 Engineering Command, 19917 7th Ave. NE, Poulsbo, Washington 98370 Dated: September 29, 2000. Margaret L. Jensen, Deputy State Director, Natural Resources, Lands, and Planning. [FR Doc. 00-25688 Filed 10-5-00; 8:45 am] BILLING CODE 4310-HC-P 65 FR 59867-02, 2000 WL 1475482 (F.R.) END OF DOCUMENT

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Case 1:05-cv-00367-ECH

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EXHIBIT 0

Case 1:05-cv-00367-ECH

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Certificate ofFlctmous Natt - " "'" .
¯ RUBY ANDERSON
County of Churchill ~" BY .

.-~-~: :.~:=.~.:z.

DEPUTY

We _ We.herebycet~cify that .............. are
!

~-tran. acting business at Fallon, in the State of

Nevada, under a designation not showing the name_S%..of the person_S_intel~ested in, conducting or carrying on business at FalIon, in the State of Nevada, under the ciesignation not showing the nam~..._of the personS___.interested in carrying on such business, to wit.2_ ComVets Mining The name_S.....of person..S.:../nterc~ted in or carrying: on.such business..a.r~ ..... : Name Thomas E. Hoey Sr Jimmy Hi cks Edward Sexton Residence Addre.~s 2875 Allen Rd. ~llon,-Nev. 89406 P.O. Box 270 Silver Springs,Ne 89429 575 Wade Ln. FallonoNev. 894O6

STATE OF NE%L4/)A, ] County of Churchill~

sa_

On this__~.~_2.~.._O...day of. O O-.~Jy'ruhL(l,2__~:~o before me personnll}- appesred__.._ ..........

to me to he the per~on.~_...described in and who executed f.he foregoing instt~zment, who acknowledged to me that..f_~-kk~.~,executed the same freely and voluntarily, and /or the uses and purposes therein stated. In Withes= whereof I have hereunto set m y hand and ~rL~ed my official seat thfs..._~.._.~._.~....~