Notice of Realty Action: Conveyance of Public Lands for Airport Purposes in Clark County, NV, 11262-11263 [2011-4536]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 76, Number 40 (Tuesday, March 1, 2011)]
[Notices]
[Pages 11262-11263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4536]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVS00560.L71220000.FR0000.LVTFF1000770, 241A; N-57230; 11-08807; 
MO 4500018891; TAS:14X5232]


Notice of Realty Action: Conveyance of Public Lands for Airport 
Purposes in Clark County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: The Bureau of Land Management (BLM) has examined and found 160 
acres of public land in the City of Henderson, Clark County, Nevada, as 
suitable for conveyance for airport purposes under the authority of 
Section 516 of the Airport and Airway Improvement Act of 1982.

DATES: Interested parties may submit written comments regarding the 
proposed conveyance of the lands until April 15, 2011. The requested 
lands will not be conveyed for at least 60 days after the date of the 
publication of this notice in the Federal Register.

ADDRESSES: Mail written comments to the BLM Field Manager, Las Vegas 
Field Office, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130-2301.

FOR FURTHER INFORMATION CONTACT: Philip Rhinehart, (702) 515-5182, or 
prhineha@blm.gov.

SUPPLEMENTARY INFORMATION: The Clark County Department of Aviation has 
requested the conveyance of 160 acres of public land for a fully 
operational airport known as the Henderson Executive Airport. The lands 
are legally described as:

Mount Diablo Meridian

T. 23 S. R. 61 E.
    Sec. 10, S\1/2\SE\1/4\NE\1/4\ NE\1/4\, S\1/2\NE\1/4\SE\1/4\NE\1/
4\, SE\1/4\SE\1/4\NE\1/4\, SW\1/4\SE\1/4\NE\1/4\, N\1/2\NE\1/4\NE\1/
4\SE\1/4\, NW\1/4\NE\1/4\SE\1/4\, N\1/2\SE\1/4\NE\1/4\SE\1/4\;
    Sec. 11, W\1/2\NW\1/4\, NW\1/4\;NW\1/4\;SW\1/4\, NE\1/4\;NW\1/
4\;SW\1/4\, N\1/2\;SW\1/4\;NW\1/4\;SW\1/4\, N\1/2\;SE\1/4\NW\1/
4\SW\1/4\.

    The area described contains 160 acres, more or less, in Clark 
County.

    The Clark County Department of Aviation currently holds an airport 
lease for 140 acres of the 160 acres found suitable for conveyance. The 
140-acre lease will be terminated prior to the proposed conveyance. As 
part of the processing of the lease action on August 20, 1999, a Notice 
of Realty Action was published in the Federal Register (64 FR 161: 
45562), noticing that certain public lands in Clark County, Nevada, had 
been examined and found suitable for public airport lease purposes 
under the provisions of the Airport and Airway Improvement Act of 1982, 
as amended (49 U.S.C., Appendix 211-213). The additional 20 acres 
requested for conveyance are needed for the continued operations of the 
Henderson Executive Airport. The additional 20 acres have been found 
suitable for conveyance for airport purposes but are not currently 
under lease to Clark County. The lands identified for conveyance are 
segregated from mineral entry under the Southern Nevada Public Lands 
Management Act of 1998 (Pub. L. 105-263). Conveyance of the subject 
lands is consistent with the BLM, Las Vegas Resource Management Plan 
dated October 5, 1998, and would be in the public interest. Under 
regulations found at 49 U.S.C. Section 47125, Clark County is entitled 
to a fee simple, no cost conveyance of the subject property.
    Conveyance of the land is consistent with applicable Federal and 
county land use plans and will help meet the needs of the community. 
The conveyance will enhance safety, capacity, security and 
environmental protection at the Henderson Executive Airport. The land 
is not required for any other Federal purposes.
    Additional detailed information pertaining to this request for 
conveyance, plan of development, and site plan is contained in case 
file N-57230, which is located in the BLM Las Vegas Field Office at the 
above address.
    Conveyance of the public land shall be subject to limitations 
prescribed by law and regulation and prior to patent issuance, a holder 
of any right-of-way within the conveyance area may be given the 
opportunity to amend the right-of-way for conversion to a new term, 
including perpetuity, if applicable.
    The patent, when issued, will be subject to the provisions of the 
Airport and Airways Improvement Act of 1982 and applicable regulations 
of the Secretary of the Interior, and will contain the following 
rights, reservations, covenants, terms and conditions to the United 
States:
    1. A right-of-way thereon for ditches or canals constructed by the 
authority of the United States, 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 such deposits from the 
same under applicable law and such regulations as the Secretary of the 
Interior may prescribe.
    Conveyance of the public land will be subject to:
    1. Valid existing rights.
    2. A right-of-way for a road, drainage, and municipal utilities 
(water and sewer) granted to the City of Henderson, Nevada, its 
successors or assigns, by right-of-way N-62099, pursuant to the Act of 
October 21, 1976 (43 U.S.C. 1761).
    3. A right-of-way to construct, operate, maintain, and terminate an 
underground water pipeline, a pressure reducing valve station, and 
maintenance area to the City of Henderson, Nevada, its successors or 
assigns, by right-of-way N-63254, pursuant to the Act of October 21, 
1976 (43 U.S.C. 1761).
    4. A right-of-way to improve, construct, operate, maintain and 
terminate roads, municipal utilities (water and sewer) and drainage 
purposes to the City of Henderson, Nevada, its successors or assigns, 
by right-of-way N-77148, pursuant to the Act of October 21, 1976 (43 
U.S.C. 1761).
    5. A right-of-way for underground 4 inch, 6 inch, and 8 inch 
diameter

[[Page 11263]]

polyethylene natural gas pipelines with appurtenances granted to 
Southwest Gas Corporation, its successors or assigns, by right-of-way 
N-82996, pursuant to the Act of February 25, 1920 (30 U.S.C. 185).
    6. An appropriate indemnification clause protecting the United 
States from claims out of lessee's/patentee's use, occupancy, or 
operations on the leased/patented premises.
    7. In accordance with Section 120(h) of the Comprehensive 
Environmental Response, Compensation, and Liability Act, the land 
described was examined on January 10, 2011, and shows no evidence 
indicating that hazardous substances had been stored for 1 year or 
more, nor have any hazardous substances been disposed of or released on 
the subject property.
    Conveyance of the public land will contain the following Covenants:
    1. That the grantee will use the property interest for airport 
purposes, and will develop that interest for airport purposes within 
one to five years after the date of this conveyance. Except that if the 
property interest is necessary to meet future development of an airport 
in accordance with National Plan of Integrated Airports System, the 
grantee will develop that interest for airport purposes on or before 
the period provided in the plan or within a period satisfactory to the 
Administrator of the Federal Aviation Administration and any interim 
use of that interest for other than airport purposes will be subject to 
such terms and conditions as the Administrator may prescribe.
    2. That the airport runway system and its appurtenant safety areas, 
and all buildings and facilities, will be operated for public airport 
purposes on fair and reasonable terms without unjust economic 
discrimination; or on the basis of race, color, or national origin, as 
to airport employment practices, and as to accommodations, services, 
facilities, or other public uses of the airport.
    3. That the grantee will not grant or permit any exclusive right 
forbidden by Section 308(a) of the Federal Aviation Act of 1958 (49 
U.S.C. 1349 9(a), as amended), at the airport or at any other airport 
now owned or controlled by it.
    4. Agrees that no person shall be excluded from any participation, 
be denied any benefits, or be otherwise subjected to any discrimination 
on the grounds of race, color, national origin, or disability.
    5. Agrees to comply with all requirements imposed by or pursuant to 
Part 21 of the Regulations of the Office of the Secretary of 
Transportation (49 CFR 21)--nondiscrimination in federally assisted 
programs of the Department of Transportation--effectuation of Title VI 
of the Civil Rights Act of 1964.
    6. That in furtherance of the policy of the Federal Aviation 
Administration under covenant, the grantee:
    (a) Agrees that, unless authorized by the Administrator, it will 
not, either directly or indirectly, grant or permit any person, firm or 
corporation the exclusive right at the airport, or at any other airport 
now owned or controlled by it, to conduct any aeronautical activities, 
including, but not limited to, charter flights, pilot training, 
aircraft rental and sightseeing, aerial photography, crop dusting, 
aerial advertising and surveying, air carrier operations, aircraft 
sales and services, sale of aviation petroleum products whether or not 
conducted in conjunction with other activities which because of their 
direct relationship to the operation of aircraft can be regarded as an 
aeronautical activity.
    (b) Agrees that it will terminate any existing exclusive right to 
engage in the sale of gasoline or oil, or both, granted before July 17, 
1962, at such an airport, at the earliest renewal, cancellation, or 
expiration date applicable to the agreement that established the 
exclusive right.
    (c) Agrees that it will terminate forthwith any other exclusive 
right to conduct any aeronautical activity now existing at such an 
airport.
    7. That any later transfer of the property interest conveyed will 
be subject to the covenants and conditions in the instrument of 
conveyance.
    8. That, if the covenant to develop the property interest (or any 
part thereof) for airport purposes within one year after the date of 
this conveyance is breached, or if the property interest (or any part 
thereof) is not used in a manner consistent with terms of the 
conveyance, then the Administrator may give notice to the patentee 
requiring Clark County, Nevada, to take specified action towards 
development within a fixed period. These notices may be issued 
repeatedly, and outstanding notices may be amended or supplemented. 
Upon expiration of a period so fixed without completion by the grantee 
of the required action, the Administrator may, on behalf of the United 
States, enter, and take title to, the property interest conveyed or the 
particular part of the interest to which the breach relates.
    9. That, if any covenant or condition in the instrument of 
conveyance, other than the covenant contained in paragraph 7 of this 
section, is breached, the Administrator may, on behalf of the United 
States, immediately enter, and take title to, the property interest 
conveyed or, in his discretion, that part of that interest to which the 
breach relates.
    10. That a determination by the Administrator that one of the 
foregoing covenants has been breached is conclusive of the facts, and 
that, if the right entry and possession of title stipulated in the 
forgoing covenants is exercised, the grantee will, upon demand of the 
Administrator, take any action (including prosecution of suit or 
executing of instruments) that may be necessary to evidence transfer to 
the United States of title to the property interest conveyed, or in the 
Administrator's discretion, to that part interest to which the breach 
relates.
    Upon publication of this notice in the Federal Register, the land 
described will be segregated from all other forms of appropriation 
under the public land laws, including the general mining laws, but not 
conveyance under the Airport and Airway Improvement Act of 1982.
    Interested parties may submit written comments regarding the 
specific use proposed in the application and plan of development, 
whether the BLM followed proper administrative procedures in reaching 
the decision to convey under the Airport and Airway Improvement Act of 
1982, or any other factor not directly related to the suitability of 
the land for airport use.
    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. Only written comments submitted to the Field Manager, 
BLM Las Vegas Field Office, will be considered properly filed.
    Any adverse comments will be reviewed by the BLM Nevada State 
Director, who may sustain, vacate, or modify the realty action. In the 
absence of any adverse comments, this realty action will become the 
final determination of the Department of the Interior. In the absence 
of any adverse comments, the decision will become effective on May 2, 
2011. The lands will not be available for conveyance until after the 
decision becomes effective.

    Authority:  43 CFR 2911.0-1.

Vanessa Hice,
Assistant Field Manager, Division of Lands.
[FR Doc. 2011-4536 Filed 2-28-11; 8:45 am]
BILLING CODE 4310-HC-P