11262 Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 

The plat, in two sheets, representing 

the dependent resurvey of a portion of 

the subdivisional lines, the corrective 

dependent resurvey of the line between 

sections 18 and 19, the dependent 

resurvey of a portion of the subdivision 

of sections 19 and 21, the adjusted 

original meanders of the former left 

bank of the Missouri River, downstream, 

through section 19, a certain division of 

accretion line, and the subdivision of 

sections 19 and 21, and the survey of 

the meanders of the present left bank 

and the informative traverse of the 

present left bank of the Missouri River, 

downstream, through section 19, 

Township 27 North, Range 48 East, 

Principal Meridian, Montana, was 

accepted February 16, 2011. 

We will place a copy of the plat, in 

two sheets, and related field notes we 

described in the open files. They will be 

available to the public as a matter of 

information. If the BLM receives a 

protest against this survey, as shown on 

this plat, in two sheets, prior to the date 

of the official filing, we will stay the 

filing pending our consideration of the 

protest. We will not officially file this 

plat, in two sheets, until the day after 

we have accepted or dismissed all 

protests and they have become final, 

including decisions or appeals. 

Authority: 43 U.S.C. Chap. 3. 

Dated: February 23, 2011. 

James D. Claflin, 

Chief Cadastral Surveyor, Division of 

Resources. 

[FR Doc. 2011–4518 Filed 2–28–11; 8:45 am] 

BILLING CODE 4310–DN–P 

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. 

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, S1⁄2SE1⁄4NE1⁄4 NE1⁄4, 

S1⁄2NE1⁄4SE1⁄4NE1⁄4, SE1⁄4SE1⁄4NE1⁄4, 

SW1⁄4SE1⁄4NE1⁄4, N1⁄2NE1⁄4NE1⁄4SE1⁄4, 

NW1⁄4NE1⁄4SE1⁄4, N1⁄2SE1⁄4NE1⁄4SE1⁄4; 

Sec. 11, W1⁄2NW1⁄4, NW1⁄4;NW1⁄4;SW1⁄4, 

NE1⁄4;NW1⁄4;SW1⁄4, 

N1⁄2;SW1⁄4;NW1⁄4;SW1⁄4, 

N1⁄2;SE1⁄4NW1⁄4SW1⁄4. 

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 


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Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 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 


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