[Federal Register: July 25, 2007 (Volume 72, Number 142)]
[Notices]
[Page 40894-40896]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jy07-92]
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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