[Federal Register Volume 72, Number 142 (Wednesday, July 25, 2007)]
[Notices]
[Pages 40894-40896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14338]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-056-5101-EQ F186; N-81843]


Notice of Realty Action: Airport Lease and Non-Competitive 
(Direct) Sale in Searchlight, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Realty Action.

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SUMMARY: The Bureau of Land Management (BLM) proposes to initially 
lease and then convey 21.4 acres of public land located south of the 
town of Searchlight, Nevada, for a public airport. An existing airport 
is located on public and private lands, and the center portion of the 
airport runway is located on lands currently owned by Searchlight 
Airpark Developers, LLC (Searchlight). Searchlight proposes to develop 
a residential airpark on the remaining portion of its private lands and 
use its 1,600 feet of private runway in conjunction with the 3,700 feet 
of runway located on public lands. Searchlight has requested that the 
existing airport runway be leased and then conveyed to it at the 
appraised fair market value of the land. At a future date, the BLM 
proposes to sell the 21.4 acres of public airport runway to Searchlight 
by non-competitive (direct) sale at not less than the appraised fair 
market value. The sale of the airport runway will require a cadastral 
survey and updated appraisal prior to conveyance.

[[Page 40895]]


DATES: On or before September 10, 2007, interested parties may submit 
written comments concerning the proposed airport lease and direct sale 
to the BLM Field Manager, Las Vegas Field Office, at the address stated 
below. Facsimiles, telephone calls, and electronic mails are 
unacceptable means of notification.

ADDRESSES: Las Vegas Field Office, Bureau of Land Management, 4701 N. 
Torrey Pines Drive, Las Vegas, NV 89130.

FOR FURTHER INFORMATION CONTACT: Shawna Woods, Realty Specialist, at 
(702) 515-5099.

SUPPLEMENTARY INFORMATION: On February 1, 1965, Clark County, Nevada, 
submitted an application for an airport lease near Searchlight, Nevada. 
The land was determined to be suitable for airport purposes, and a 
lease (Nev--065340) was issued to Clark County on May 17, 1965, for a 
20-year term. The lease was renewed on May 16, 1985, for an additional 
20-year term. On November 10, 1986, airport regulations were amended to 
require that rental values be determined by appraised fair market 
value. The lease expired on May 15, 2005, and Clark County has decided 
not to renew.
    The existing runway is approximately 5,300 feet long, of which 
approximately 1,600 feet in the center of the runway is owned by 
Searchlight through two patented mining claims. Searchlight has applied 
for an airport lease for 21.4 acres, which constitutes the remaining 
approximately 3,700 feet of the runway. The subject 21.4 acre parcel 
would be leased at an appraised fair market value of $23,200 annually 
as determined by a BLM-approved appraisal.
    Searchlight has also requested direct sale of the same parcel. The 
subject parcel will require a cadastral survey prior to conveyance and 
would be offered for sale at no less than appraised fair market value 
based on an updated BLM-approved appraisal. The land meets the criteria 
for direct sale pursuant to 43 CFR 2711.3-3(a)(2), (3), and (4).
    The following described land in Clark County has been examined and 
found suitable for airport lease and direct sale pursuant to Sections 
203 and 302 of the Federal Land Policy and Management Act of 1976 
(FLPMA) P.L. 94-579, as amended, 43 U.S.C. 1713 and 1732 and 43 CFR 
Subparts 2711 and 2911.

Mount Diablo Meridian

T. 29 S., R. 63 E.,
Sec. 2 lots 18, 19, and 20;
Sec. 11, NE\1/4\ and N\1/2\SE\1/4\.

    The area described contains approximately 21.4 acres in Clark 
County.

    This proposed action is in conformance with the BLM Las Vegas 
Resource Management Plan, approved on October 5, 1998. The plan has 
been reviewed and it is determined the proposed action conforms with 
land use plan decision LD-1 and 2a established in accordance with 
Sections 203 and 302 of FLPMA, as amended (43 U.S.C. 1713 and 1732).
    Issuance of an airport lease is being proposed and is considered 
appropriate. Regulation 43 CFR 2911.0-8 states that ``any contiguous 
unreserved and unappropriated public lands, surveyed or unsurveyed, not 
exceeding 2,560 acres in area, may be leased under the provisions of 
the Act [of May 24, 1928, 49 U.S.C. Appendix 211-213], subject to valid 
existing rights under the public land laws.''
    The land will be subject to the following:
    1. A reservation of a right-of-way thereon for ditches or canals 
constructed by the authority of the United States, Act of August 30, 
1890 (26 Stat. 391, 43 U.S.C. 945);
    2. A reservation to the United States of all minerals together with 
the right to prospect for, mine, and remove such deposits from the 
above-described lands under applicable law and such regulations as the 
Secretary of the Interior may prescribe;
    3. Valid existing rights of record, including, but not limited to 
those documented on the BLM public land records at the time of lease 
and conveyance;
    4. Rights for a power transmission line, telephone line, and roads 
granted to So. Cal. Metro Water District, its successors and assigns, 
by BLM right-of-way No. CC-018307, pursuant to the Act of December 21, 
1928 (45 Stat. 1057; 43 U.S.C. 617d);
    5. Rights for an underground fiber optic line and regeneration 
facilities granted to AT&T, its successors and assigns, by BLM right-
of-way No. 52050, pursuant to Title V of FLPMA (90 Stat. 2776; 43 
U.S.C. 1761);
    6. Rights for an underground fiber optic line and regeneration 
facilities granted to Central Telephone, its successors and assigns, by 
BLM right-of-way No. 52985, pursuant to Title V of FLPMA (90 Stat. 
2776; 43 U.S.C. 1761);
    7. Rights for a fiber optic line and regeneration facilities 
granted to Electric Lightwave, Inc., its successors and assigns, by BLM 
right-of-way No. 58566, pursuant to Title V of FLPMA (90 Stat. 2776; 43 
U.S.C. 1761);
    8. Rights for an underground fiber optic line granted to IXC 
Carrier Group, Inc., its successors and assigns, by BLM right-of-way 
No. 61851, pursuant to Title V of FLPMA (90 Stat. 2776; 43 U.S.C. 
1761);
    9. Rights for an aerial powerline granted to Central Telephone, its 
successors and assigns, by BLM right-of-way No. Nev-057664, pursuant to 
Title V of FLPMA (90 Stat. 2776; 43 U.S.C. 1761).
    The lessee/patentee by accepting a lease and/or patent, covenants 
and agrees to indemnify, defend, and hold the United States harmless 
from any costs, damages, claims, causes of action, penalties, fines, 
liabilities, and judgments of any kind or nature arising from the past, 
present, or future acts or omissions of the lessee/patentee, its 
employees, agents, contractors, lessees, or any third-party, arising 
out of or in connection with the lessee/patentee's use, occupancy, or 
operations on the 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 and/or applicable to the use, occupancy, and/or 
operations thereon; (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) Releases or threatened 
releases of solid or hazardous waste(s) and/or hazardous substance(s), 
pollutant(s) or contaminant(s), and/or petroleum product or derivative 
of a petroleum product, as defined by Federal and State environmental 
laws, off, on, into, or under land, property, and other interests of 
the United States; (5) Activities by which solid or hazardous 
substance(s) or waste(s), pollutant(s) or contaminant(s), and/or 
petroleum product or derivative of a petroleum product, as defined by 
Federal and State environmental laws, are generated, released, stored, 
used, or otherwise disposed of on the leased/patented real property, 
and any cleanup response, remedial action, or other actions related in 
any manner to said solid or hazardous substance(s) or waste(s), 
pollutant(s) or contaminant(s), and/or petroleum product or derivative 
of a petroleum product; or (6) Natural resource damages as defined by 
Federal and State law. This covenant shall be structured as running 
with the above described parcel of real property and may be enforced by 
the United States in a court of competent jurisdiction.
    No warranty of any kind, express or implied is given or will be 
given by the United States as to the title, physical condition, or 
potential uses of the land proposed for lease/patent and the conveyance 
of this land will not be on a contingency basis. Pursuant to the

[[Page 40896]]

requirements established by section 120(h) of the Comprehensive 
Environmental Response, Compensation and Liability Act, 42 U.S.C. 
9620(h) (CERCLA), as amended by the Superfund Amendments and 
Reauthorization Act of 1988, 100 Stat. 1670, notice is hereby given 
that the above-described lands have been examined and no evidence was 
found to indicate that any hazardous substances have been stored for 
one year or more, nor have any hazardous substances been disposed of or 
released on the subject property.
    Publication of this notice in the Federal Register temporarily 
segregates the above described land from appropriation under the public 
land laws, including the mining laws, but not the laws authorizing 
direct sales or airport leases, 43 U.S.C. 1713, 1732. The segregative 
effect of this notice will terminate in accordance with 43 CFR 2911.2-
3(b) (airport lease) and 43 CFR 2711.1-2(d) (direct sale). Detailed 
information concerning the proposed lease/patent, including an 
environmental assessment and the approved appraisal report, is 
available for review at the BLM Las Vegas Field Office at the address 
above. The Field Manager, BLM, Las Vegas Field Office, will review the 
comments of all interested parties concerning the lease/patent. To be 
considered, comments must be received at the BLM Las Vegas Field Office 
on or before the date stated above in this notice for that purpose. 
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. Any adverse comments will be reviewed by the BLM, Nevada 
State Director.
    In the absence of any adverse comments, the decision will become 
effective on September 24, 2007. The lands will not be offered for 
lease/patent until after the decision becomes effective.

    (Authority: 43 CFR 2711 and 2911)

    Dated: May 2, 2007.
Mark R. Chatterton,
Assistant Field Manager, Non-Renewable Resources, Las Vegas, Nevada.
[FR Doc. E7-14338 Filed 7-24-07; 8:45 am]
BILLING CODE 4310-HC-P