81 FR 95178 - Notice of Realty Action: Proposed Non Competitive Conveyance (N-94439) of Public Lands for Airport Purposes in Clark County, Nevada

DEPARTMENT OF THE INTERIOR
Bureau of Land Management

Federal Register Volume 81, Issue 248 (December 27, 2016)

The Bureau of Land Management (BLM), Las Vegas Field Office has examined and found suitable a 20 acre parcel of public land for conveyance for airport purposes under the authority of Section 516 of the Airport and Airway Improvement Act of 1982, as requested by the Clark County Department of Aviation. The parcel is located in the City of Henderson, Clark County, Nevada.

[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Pages 95178-95180]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31219]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LNVS01000.L54400000.EQ0000.LVCLF1604550; N-94439; 11-08807; MO# (To Be 
Assigned at NSO); TAS: 14X5232]


Notice of Realty Action: Proposed Non Competitive Conveyance (N-
94439) of Public Lands for Airport Purposes in Clark County, Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: The Bureau of Land Management (BLM), Las Vegas Field Office 
has examined and found suitable a 20 acre parcel of public land for 
conveyance for airport purposes under the authority of Section 516 of 
the Airport and Airway Improvement Act of 1982, as requested by the 
Clark County Department of Aviation.
    The parcel is located in the City of Henderson, Clark County, 
Nevada.

DATES: Interested parties may submit written comments regarding the 
proposed conveyance until February 10, 2017.

ADDRESSES: Send written comments concerning the proposed conveyance to 
the BLM Las Vegas Field Office, Attn: Field Manager, 4701 North Torrey 
Pines Drive, Las Vegas, NV 89130.

FOR FURTHER INFORMATION CONTACT: Philip Rhinehart, Realty Specialist, 
by email at [email protected] or by telephone at 702-515-5182. Persons 
who use a telecommunications device for the deaf (TDD) may call the 
Federal Relay Service (FRS) at 1-800-877-8339 to contact the above 
individual during normal business hours. The FRS is available 24 hours 
a day, 7 days a week, to leave a message or question with the above 
individual. You will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION: The BLM proposes to convey the following 
described lands:

Mount Diablo Meridian, Nevada

T. 23 S., R. 61 E.,
    Sec. 10, SW\1/4\NE\1/4\NE\1/4\ and NW\1/4\SE\1/4\NE\1/4\.

    The area described contains 20 acres, more or less and is further 
described as being bounded on the west side of the Henderson Executive 
Airport, approximately 6,125 feet south of the intersection of St. Rose 
Parkway and Executive Airport Drive. The parcel is further described as 
being located approximately 1,407 feet east of Executive Airport Drive. 
A map delineating the proposed conveyance parcel is available for 
public review at the BLM, Las Vegas Field Office at the address above.
    This conveyance is in conformance with the BLM Las Vegas Resource 
Management Plan (RMP) and decision LD-1, approved by Record of Decision 
on October 5, 1998. It further complies with the Airport and Airway 
Improvement Act of 1928, as amended (49 U.S.C., Appendix 211-213), and 
Section 23 of the Airway Development Act of 1970.
    The Clark County Department of Aviation (CCDOA), in accordance with 
Section 23 of the Airway Development Act of 1970, through the U.S. 
Department of Transportation, Federal Aviation Administration has 
requested the conveyance of the property to the CCDOA for the expansion 
of the general aviation airport known as the Henderson Executive 
Airport, located in Henderson, Nevada. The property is surrounded on 
three sides by land owned by the CCDOA, for the operation of the 
Henderson Executive Airport, and on the fourth side by private 
property.
    These public lands are not currently encumbered by any rights-of 
way grants, or leases. They have been examined and found suitable for 
conveyance purposes under the provisions of the Airport and Airway 
Improvement Act of 1928, as amended (49 U.S.C., Appendix 211-213.
    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 these lands is consistent with the 
BLM, Las Vegas Resource Management Plan, dated October 5, 1998, and 
would be in the public interest.
    Conveyance of the land is consistent with applicable Federal and 
county land use plans and will help meet the needs of the community. 
The land is not required for any other Federal purposes.
    Additional detailed information about this request for conveyance, 
plan of development, and site plan is contained in case file N-94439, 
which is located in the BLM Las Vegas Field Office at the above 
address.
    The proposed conveyance is based on the consideration that the 
parcel is

[[Page 95179]]

surrounded on three sides by the Henderson Executive Airport (HND), and 
on the fourth by private property. The parcel is an isolated uneconomic 
parcel of public land within a designated disposal boundary. Pursuant 
to regulations found at 49 U.S.C. Section 47125 the Clark County 
Department of Aviation is entitled to a no cost conveyance of the 
property.
    Conveyance of the public land shall be subject to limitations 
prescribed by law and regulation. 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 
reservations 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.
    None known
    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 (NPIAS), 
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 discrimination 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. That the grantee 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. That the grantee 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, in 
addition to the existing segregation from mineral entry under SNPLMA, 
noted above, the land described will be segregated from all other forms 
of appropriation under the public land 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 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, email 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

[[Page 95180]]

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 February 
27, 2017. 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. 2016-31219 Filed 12-23-16; 8:45 am]
BILLING CODE 4310-HC-P