Notice of Realty Action Nevada: Conveyance of Public Land for Airport Purposes in Lander County, NV

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-063-5440-EQ-F502; N-62443]

Notice of Realty Action Nevada: Conveyance of Public Land for

Airport Purposes in Lander County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Conveyance of Public Land for Airport Purposes in Lander

County, Nevada.

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SUMMARY: The following public land in Lander County, Nevada has been

found suitable for conveyance to Lander County for airport purposes

under section 516 of the Airport and Airway Improvement Act of 1982 (49

U.S.C. 2215).

Mount Diablo Meridian

T. 18 N., R. 42 E.,

Sec. 1, lots 1-3, S\1/2\NE\1/4\, SE\1/4\NW\1/4\.

T. 19 N., R. 42 E.,

Sec. 25, S\1/2\S\1/2\;

Sec. 36, E\1/2\, E\1/2\NW\1/4\.

T. 18 N., R. 43 E.,

Sec. 6, lots 3 and 4.

T. 19 N., R. 43 E.,

Sec. 30, lot 4;

Sec. 31, lots 1-4, SE\1/4\NW\1/4\, E\1/2\SW\1/4\.

Containing approximately 1205.09 acres

Conveyance of the land is consistent with applicable Federal and

County land use plans and will help meet the needs of Lander County.

The land is not required for any Federal purposes and will not be

conveyed until at least 60 days after the date of publication of this

notice in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Chuck Lahr, Realty Specialist, Bureau

of Land Management, Battle Mountain Field Office, 50 Bastian Road,

Battle Mountain, Nevada 89820.

SUPPLEMENTARY INFORMATION: The airport is currently under lease (Nev-

057498) to Lander County, Nevada. The lease will be terminated prior to

the proposed conveyance. The land is segregated by virtue of the

existing airport lease. This notice continues the segregation of the

above described public land from operation of the public land laws,

including the mining laws. The segregative effect will end upon

issuance of the conveyance. Patent, when issued, will contain the

following reservations to the United States:

1. A right-of-way for ditches and canals constructed by authority

of the United States, Act of August 30, 1890, (43 U.S.C. 945);

2. All mineral deposits shall be reserved to the United States,

together with the right to prospect for, mine, and

[[Page 57904]]

remove such deposits under applicable laws and regulations as the

Secretary of the Interior may prescribe;

3. The property shall revert to the United States in the event the

lands are not developed for airport or airway purposes or are used in a

manner inconsistent with the terms of the conveyance.

And will be subject to:

1. Those rights for highway purposes granted to the Nevada

Department of Transportation, its' successors or assigns, by right-of-

way CC-021379A, pursuant to the Act of August 27, 1958, as amended, (23

Stat. 317).

2. Those rights for telephone line purposes to Shoshone Telephone

Cooperative, Inc., its' successors or assigns, by right-of-way N-7189,

pursuant to the Act of March 4, 1911.

3. Those existing Federal grazing permits, unless waived by the

grazing permittee. Such grazing shall be valid for a period of 2 years

from the date that the permittee has received notification of the land

transfer. In accordance with Part 402(g) of the Act of October 21,

1976, as amended (43 U.S.C. 1752), the grazing permittees will receive

reasonable compensation for the value of their interest in authorized

permanent improvements.

4. All other valid existing rights.

And will contain the following Covenants:

1. That the grantee will use the property interest for airport

purpose, 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 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:

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;

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; and

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, the Administrator may give notice to the grantee requiring

him 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 this 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.

For a period of 45 days from the date of publication in the Federal

Register, interested parties may submit comments to the Field Manager,

Battle Mountain Field Office, 50 Bastian Road, Battle Mountain, NV

89820. Any adverse comments will be evaluated by the State Director,

who may sustain, vacate or modify this realty action and issue a final

determination. In the absence of timely filed objections, this realty

action will become a final determination of the Department of the

Interior.

Dated: October 15, 1999.

M. Lee Douthit,

Associate Field Manager.

[FR Doc. 99-27985 Filed 10-26-99; 8:45 am]

BILLING CODE 4310-HC-P