Notice of Realty Action: Direct Sale of Public Land (N-92955) for Affordable Housing Purposes in Las Vegas, Clark County, NV, 57124-57127 [2014-22719]
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57124
Federal Register / Vol. 79, No. 185 / Wednesday, September 24, 2014 / Notices
a message or question with the above
individual. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION: The BLM
filed an application requesting the
Assistant Secretary for Land and
Minerals Management withdraw,
subject to valid existing rights, the
following described public lands from
location and entry under the United
States mining laws, but not from leasing
under the mineral or geothermal leasing
laws, or disposal under the Materials
Act of 1947, to protect and preserve the
Split Rock/Devil’s Gate interpretive
sites:
Sixth Principal Meridian
asabaliauskas on DSK5VPTVN1PROD with NOTICES
T. 29 N., R. 87 W.,
Sec. 35, NE1⁄4SE1⁄4, NE1⁄4NE1⁄4NW1⁄4SE1⁄4,
S1⁄2N1⁄2NW1⁄4SE1⁄4, S1⁄2NW1⁄4SE1⁄4,
N1⁄2SW1⁄4SE1⁄4 and N1⁄2SE1⁄4SE1⁄4.
T. 29 N., R. 89 W.,
Sec. 30, lot 2, NE1⁄4NW1⁄4 and
N1⁄2SE1⁄4NW1⁄4.
T. 29 N., R. 90 W.,
Sec. 25, E1⁄2SW1⁄4NE1⁄4, SE1⁄4NE1⁄4,
E1⁄2NW1⁄4SE1⁄4, NE1⁄4SE1⁄4, and
N1⁄2N1⁄2SE1⁄4SE1⁄4.
The areas described aggregate 343.23 acres,
more or less, in Fremont and Natrona
Counties.
The Assistant Secretary for Land and
Minerals Management approved the
BLM’s petition/application. Therefore,
the petition/application constitutes a
withdrawal proposal of the Secretary of
the Interior (43 CFR 2310.1–3(e)).
The purpose of the proposed
withdrawal is to protect the unique
archaeological, historical, geological,
and recreational values as well as the
Federal investment at the Split Rock
and Devil’s Gate Interpretive Sites.
The use of a right-of-way, interagency
agreement, or cooperative agreement
would not adequately constrain nondiscretionary use of the land needed to
provide the highest level of protection
possible for the historic, cultural,
aesthetic, and recreational values of the
lands.
There are no suitable alternative sites
as the described lands contain the
resource values to be protected.
No additional water rights will be
needed to fulfill the purpose of the
requested withdrawal.
Records relating to the application
may be examined by contacting the
BLM at the above address and phone
number.
For a period until December 23, 2014,
all persons who wish to submit
comments, suggestions or objections in
connection with the proposed
withdrawal application may present
their views in writing to the BLM
Wyoming State Director at the mailing
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18:41 Sep 23, 2014
Jkt 232001
address or email address noted above.
All comments received will be
considered before any recommendation
concerning the proposed withdrawal is
submitted to the Secretary of the Interior
for final action.
Comments including names and street
addresses of respondents, will be
available for public review at the BLM
Wyoming State Office, during regular
business hours 8:00 a.m. to 4:30 p.m.,
Monday through Friday, except Federal
holidays. 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 may 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. Notice is hereby given that an
opportunity for a public meeting is
afforded in connection with the
proposed withdrawal. All interested
persons who desire a public meeting for
the purpose of being heard on the
proposed withdrawal must submit a
written request to the BLM Wyoming
State Director no later than December
23, 2014. If the authorized officer
determines that a public meeting will be
held, a notice of the time and place will
be published in the Federal Register
and a local newspaper at least 30 days
before the scheduled date of the
meeting.
For a period until September 26,
2016, the lands will be segregated as
specified above unless the application is
denied or canceled or the withdrawal is
approved prior to that date. Licenses,
permits, cooperative agreements, or
discretionary land use authorizations of
a temporary nature which would not
impact the site may be allowed with the
approval of an authorized officer of the
BLM during the segregative period. This
application will be processed in
accordance with the regulations set
forth in 43 CFR 2310.3.
Donald A. Simpson,
Wyoming State Director.
[FR Doc. 2014–22720 Filed 9–23–14; 8:45 am]
BILLING CODE 4310–22–P
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNVS00560.L58530000. EU0000.241A00;
N–92955; 13–08807; MO# 4500068474 TAS:
14X5232]
Notice of Realty Action: Direct Sale of
Public Land (N–92955) for Affordable
Housing Purposes in Las Vegas, Clark
County, NV
Bureau of Land Management,
Interior.
ACTION: Notice of realty action.
AGENCY:
The Bureau of Land
Management (BLM) proposes to sell a 5acre public land parcel located in the
southern portion of the Las Vegas Valley
in Clark County, Nevada, under the
authority of Section 203 of the Federal
Land Policy and Management Act of
1976 (FLPMA), as amended, the BLM
land sale conveyance regulations, and
the Southern Nevada Public Land
Management Act of 1998 (SNPLMA), as
amended. The BLM proposes that the
parcel be sold by direct sale to the
Nevada Housing Division, a division of
the State of Nevada, Department of
Business and Industry, at less than the
parcel’s appraised fair market value
(FMV) consistent with SNPLMA and
applicable BLM policy.
DATES: Comments regarding the
proposed sale must be received by the
BLM on or before November 10, 2014.
The sale would not be held prior to
November 24, 2014.
ADDRESSES: Written comments
concerning the proposed sale are to be
sent to the BLM Las Vegas Field Office,
Assistant Field Manager, Division of
Lands, 4701 N. Torrey Pines Drive, Las
Vegas, NV 89130.
FOR FURTHER INFORMATION CONTACT:
Michelle Leiber at 702–515–5168, or
email at mleiber@blm.gov. For
information on the SNPLMA Section
7(b) affordable housing land sale
program go to: https://www.blm.gov/nv/
st/en/snplma/affordable_housing.html.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 1–800–877–8339 to contact the
above individual during normal
business hours. The FIRS 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
Nevada Housing Division submitted a
sale nomination application to the BLM
for the proposed affordable housing
project called Agate Avenue Senior
SUMMARY:
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Apartments, Phase II (Agate Phase II
Project). In response, the BLM proposes
to sell a 5-acre parcel of public land
located in the southern portion of the
Las Vegas Valley in Clark County,
Nevada, further described as:
Mount Diablo Meridian, Nevada
asabaliauskas on DSK5VPTVN1PROD with NOTICES
T. 22 S., R. 61 E.,
Sec. 20, lot 26.
The area described contains 5 acres.
The parcel is identified as Clark
County Assessor Parcel Number 177–
20–601–011. A map delineating the
parcel proposed for sale to the Nevada
Housing Division is available for public
review at the BLM Las Vegas Field
Office or at the Web site https://
www.blm.gov/nv/st/en/snplma/
affordable_housing.html.
The parcel is located south of the
intersection of Agate Avenue and Kimo
Street within the Las Vegas Boulevard
and Interstate 15 corridor south of Blue
Diamond Road. The northern, southern,
and western boundaries of the parcel
abut developed residential and
commercial properties and the eastern
boundary abuts property that is under
development for residential purposes.
Access is provided by Agate Avenue
located along the northern boundary of
the parcel.
The parcel would be sold using the
BLM’s direct sale procedures (43 CFR
2711.3–3), and under such terms,
covenants, or conditions as determined
necessary by the BLM authorized officer
pursuant to SNPLMA Section 7(b), and
the Nevada Guidance Policy and
Procedures for Affordable Housing
Disposals (Nevada Guidance), approved
on August 8, 2006.
Under SNPLMA Section 7(b), the
BLM, in consultation with the
Department of Housing and Urban
Development (HUD), may make BLMmanaged public lands available for
affordable housing purposes in the State
of Nevada at less than the appraised
FMV. The amount administratively
discounted from the FMV is set forth in
the Nevada Guidance. For purposes of
SNPLMA, housing is ‘‘affordable
housing’’ if it serves low-income
families as defined in Section 104 of the
Cranston-Gonzales National Affordable
Housing Act, 42 U.S.C. 12704. In the
Cranston-Gonzales Act, the term ‘‘lowincome families’’ means families whose
incomes do not exceed 80 percent of the
median income for the area as
determined by HUD, or as otherwise
adjusted by statute. The State of
Nevada’s proposed project would use
100 percent of the parcel to serve senior
citizens, including seniors with special
needs, with income at or below 60
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percent of the area median income,
which represents extremely low income
based on the Nevada Guidance. The
Agate Phase II Project will also give
preference to qualifying Veteran
households for at least 10 percent of the
units.
The appraised FMV for the 5-acre
parcel is $1,800,000. Under the Nevada
Guidance, and after consultation with
HUD, the BLM authorized officer has
determined that discount percentages
for the respective median income
category would be administratively
applied to the appraised FMV for the
parcel to establish the price of the
public land to be sold under these
provisions. The FMV for this property
would be discounted 95 percent
resulting in a federally-approved sale
price of $90,000 for this transaction, so
long as the property is used for
affordable housing purposes consistent
with the covenants, terms and
conditions described in the patent.
Consistent with the Nevada Guidance,
the preferred method of sale is direct
sale. Such method is appropriate when
‘‘a tract is identified for transfer to State
or local government . . .’’ (43 CFR
2711.3–3(1)), which is the case for sales
authorized under SNPLMA Section 7(b).
The direct sale method is also supported
when, ‘‘A tract is identified for sale that
is an integral part of a project or public
importance and speculative bidding
would jeopardize a timely completion
and economic viability of the project’’
(43 CFR 2711.3–3(2)), which is also the
case here.
The Clark County, North Las Vegas,
Boulder City, and Mesquite 2010–2014
HUD Consolidated Plan identified both
rental housing serving low-income and
extremely low-income households and
housing for persons with special needs,
including the elderly and frail elderly,
as its top two priorities. The project
being considered under this notice
addressed those priorities. The
consolidated plan identifies a
significant housing need for elderly
persons including those with special
needs and physically disabled in
southern Nevada. Since the SNPLMA
was passed in 1998, the State of Nevada
has invested considerable time and
substantial resources in finding eligible
properties for affordable housing
projects. Consistent with the SNPLMA
joint selection process, the Nevada
Housing Division consulted with the
BLM and Clark County concerning
selection of this parcel for disposal for
affordable housing purposes. According
to the consolidated plan, the need for
affordable housing is an issue of public
importance and this tract of land would
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57125
provide a key piece of a project meant
to address that need.
The Nevada Housing Division’s
application includes a comprehensive
plan for assessment and evaluation of
the need for and the feasibility of this
affordable housing project. As required
by SNPLMA Section 7(b), HUD
reviewed the Agate Phase II Project and
provided the BLM its approval
recommendation dated May 30, 2014.
The HUD’s recommendation confirmed
that the Agate Phase II Project as
proposed would use 100 percent of the
parcel to serve senior citizens, including
seniors with special needs, with income
at or below 60 percent of the area
median income. The HUD further
confirmed that the Agate Phase II
Project location and need are consistent
with Section 7(b) of SNPLMA, the
Cranston-Gonzales Act, and the 2010–
2014 Clark County Consolidated Plan.
The HUD conditioned its approval
recommendation on two continuing
requirements: (1) The Nevada Housing
Division and Clark County, as
appropriate, are to report the proposed
Agate Phase II Project, including public
and private funding sources, in HUD
required documents and plans; and (2)
Submittal by the Nevada Housing
Division of the final disposition and
development agreement (DDA) and final
site plan to the BLM for review and
concurrence in consultation with HUD.
A DDA will be executed between the
Nevada Housing Division and its codevelopers, Ovation Development
Corporation, and Accessible Space, Inc.,
to ensure that the terms and conditions
for development of the project are
consistent with the previously
submitted comprehensive plan and
other applicable regulations and
procedures.
The parcel is within the disposal
boundary identified by the U.S.
Congress in the SNPLMA, and is in
conformance with the BLM Las Vegas
Resource Management Plan and
decision LD–1, approved by Record of
Decision on October 5, 1998. The parcel
was also analyzed in the Las Vegas
Valley Disposal Boundary Final
Environmental Impact Statement and
approved by Record of Decision on
December 23, 2004. The BLM has
completed a site-specific Determination
of National Environmental Policy Act
Adequacy (DNA) document number
DOI–BLM–NV–S010–2014–0081–DNA
for the sale. The parcel is not required
for any Federal purpose. Consistent
with 43 CFR 2711.3–1(d), a deposit of
not less than 20 percent of the federallyapproved sale price, as discounted
consistent with the Nevada Guidance,
must be submitted on or before 30 days
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57126
Federal Register / Vol. 79, No. 185 / Wednesday, September 24, 2014 / Notices
from the sale offer, by 12:00 p.m. Pacific
Time at the BLM Las Vegas Field Office.
Payment(s) will reference BLM serial
number N–92955, and must be made in
the form of certified check, postal
money order, bank draft, cashier’s
check, or any combination thereof,
made payable in U.S. dollars to the
order of the Department of the Interior,
Bureau of Land Management (or DOI,
BLM).
Failure to submit the deposit will
result in forfeiture of the sale offer. The
remainder of the sale price must be paid
within 180 days following the date of
the sale offer. Failure to pay the full
price within the 180 days will
disqualify the sale offer and cause the
entire 20 percent deposit to be forfeited
to the BLM, 43 CFR 2711.3–1(d) and
2711.3–3(d). No exceptions will be
made. The BLM cannot accept the full
sale price at any time following the
expiration of the 180th day after the sale
offer. Payment may be provided
electronically through escrow by
Electronic Fund Transfer (EFT), or in
the form of a certified check, postal
money order, bank draft, cashier’s
check, or any combination thereof,
made payable in U.S. dollars to the
order of the DOI, BLM. Arrangements
for EFT through escrow to the BLM
shall be made a minimum of 14 days
prior to the date of payment. The patent
would be issued following receipt of
final payment, as appropriate.
If patented, the patent will include
the following numbered terms,
covenants, and conditions:
1. Affordable Housing: Pursuant to
Section 7(b) of the SNPLMA, the term
‘‘affordable housing’’ as used in the sale
patent, means housing that serves lowincome families as defined in Section
104 of the Cranston-Gonzales National
Affordable Housing Act (42 U.S.C.
12704).
2. Affordable Housing Purpose: For
purposes of this proposed sale patent,
the term ‘‘affordable housing purpose’’
means for an affordable housing project
which commits 100 percent of living
space to affordable housing, and which
overall is used for no purpose other than
residential use and related residential
use amenities.
3. Construction: For purposes of the
sale patent, the term ‘‘construction’’
means ongoing and substantial work
dedicated to the building of the
dwelling structures and other
improvements necessary for the
realization of the low-income affordable
housing project located on these lands
conveyed under Section 7(b) of the
SNPLMA.
4. Project: For purposes of this patent,
the term ‘‘Project’’ means the
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construction and resulting dwelling
structures and other improvements on
these lands conveyed under Section 7(b)
of the SNPLMA, as approved by the
BLM in consultation with HUD, that are
necessary for the realization of the lowincome affordable housing purposes.
5. Covenant and Restriction: The
Nevada Housing Division is hereby
bound and covenants for itself and all
successors-in-interest to use the land as
approved by the BLM in consultation
with HUD, and as conveyed by the sale
patent, only for affordable housing
purposes for a period of 40 years (period
of affordability). Such period will
commence upon the issuance of a
certificate of occupancy or its equivalent
by the appropriate local governmental
authority (i.e., Clark County). The
Nevada Housing Division further hereby
covenants and binds itself and all
successors-in-interest to develop the
subject parcel according to a disposition
and development agreement (DDA)
between the Nevada Housing Division
and its co-developers that has received
concurrence by the BLM in consultation
with the HUD. As in this patent, the
DDA shall have a provision stating that
in the event of any conflict between the
terms of the DDA and the patent and
applicable laws, the patent and
applicable laws will control. This
affordable housing and DDA covenant
will be deemed appurtenant to and to
run with the land.
6. Time Limit: Reversion and Fair
Market Value: If, at the end of 5 years
from the date of the sale patent, the
Agate Phase II Project is not under
construction in accordance with the
DDA and the final site plan approved by
the BLM in consultation with the HUD
then, at the option of the United States,
the lands, or parts thereof, will revert to
the United States, or, in the alternative,
the United States may require payment
by the owner to the United States of the
then FMV.
7. Use Restriction: Reversion and Fair
Market Value: All land conveyed by the
sale patent will be used only for
affordable housing purposes as
approved by the BLM in consultation
with the HUD during the period of
affordability. If at any time during the
period of affordability any portion of the
land conveyed by the sale patent is used
for any purpose other than affordable
housing purposes by the Nevada
Housing Division, or its successor-ininterest, then at the option of the United
States, those lands not used for
affordable housing purposes will revert
to the United States; or, in the
alternative, the United States may, at
that time, require payment to the United
States of the then FMV, or institute a
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proceeding in a court of competent
jurisdiction to enforce the covenant set
forth above to use the land conveyed
only for affordable housing purposes.
8. Enforcement: The covenant/use
restriction and the reversionary interest
may be enforced by the BLM or HUD,
or their successors-in-interest, as
deemed appropriate by agreement of
these two Federal agencies at the time
of enforcement, after reasonable notice
including an opportunity to cure any
default (90 days) to the Nevada Housing
Division and the landowner of record. If
any necessary cure has not been
completed and it is shown that
completion of such cure would be
impossible by the end of the 90 days,
and diligent and substantial efforts are
underway to cure such default, the
Federal agencies may consider a request
for a reasonable extension of time to
complete cure of such default.
9. Simultaneous Transfer: The Nevada
Housing Division, upon issuance and
acceptance of the sale patent, will
simultaneously transfer by deed the
land conveyed by this sale patent to its
successor-in-interest, as reviewed and
approved by the BLM in consultation
with HUD.
10. Indemnification and Hold
Harmless: By accepting this patent, the
Nevada Housing Division, subject to the
limitations of law and to the extent
allowed by law, will be responsible for
the acts or omissions of its officers,
directors and employees in connection
with the use or occupancy of the
patented real property. Upon
simultaneous transfer as described
above, successors-in-interests to the
Nevada Housing Division of the
patented real property, will 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,
and future acts or omissions of the
successors-in-interest, or its employees,
agents, contractors, or lessees, or any
third-party, arising out of or in
connection with the successor-ininterest’s use, occupancy, or operations
on the patented real property. This
indemnification and hold harmless
agreement includes, but is not limited
to, acts and omissions of the successorin-interest, and its employees, agents,
contractors, or lessees, or any third
party, arising out of or in connection
with the use and/or occupancy of the
patented 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; (2) Judgments,
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Federal Register / Vol. 79, No. 185 / Wednesday, September 24, 2014 / Notices
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) Other
releases or threatened releases of solid
or hazardous waste(s) and/or hazardous
substances(s), as defined by Federal or
State environmental laws, off, on, into
or under land, property and other
interests of the United States; (5) Other
activities by which solids or hazardous
substances or wastes, as defined by
Federal and State environmental laws
are generated, released, stored, used or
otherwise disposed of on the patented
real property, and any cleanup
response, remedial action or other
actions related in any manner to said
solid or hazardous substances or wastes;
or (6) Natural resource damages as
defined by Federal and State law. This
covenant will be construed as running
with the parcel of land patented or
otherwise conveyed by the United
States, and may be enforced against
successors-in-interest, by the United
States in a court of competent
jurisdiction.
No representation or warranty of any
kind, express or implied, is given or will
be given by the United States as to the
title, the physical condition or the past,
present, or potential uses of the land
proposed for sale. However, to the
extent required by law, such land is
subject to the requirements of Section
120(h) of the Comprehensive
Environmental Response Compensation
and Liability Act (CERCLA), as
amended (42 U.S.C. 9620(h)).
If patented, title to the land will be
subject to the following numbered
reservations to the United States:
1. All minerals are reserved to the
United States. Permittees, licensees, and
lessees of the United States retain the
right to prospect for, mine, and remove
such leasable and saleable minerals
owned by the United States under
applicable law and any regulations that
the Secretary of the Interior may
prescribe, together with all necessary
access and exit rights;
2. A right-of-way for ditches or canals
constructed by the authority of the
United States pursuant to the Act of
August 30, 1890 (26 Stat. 391, 43 U.S.C.
945); and
3. A reversionary interest as further
defined in the above terms, covenants,
and conditions.
If patented, title to the land will be
subject to:
1. Valid existing rights [of record],
including, but not limited to those
documented on the BLM public land
records at the time of sale and as
defined below;
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2. A right-of-way for public county
road (Agate Avenue) purposes reserved
to Clark County, its successors and
assigns, by right-of-way number N–
59284, pursuant to Title V of the Act of
October 21, 1976 (90 Stat. 2776; 43
U.S.C. 1761);
3. A right-of-way for sanitary sewer
pipeline purposes reserved to the Clark
County Water Reclamation District, its
successors and assigns, by right-of-way
number N–61105, pursuant to Title V of
the Act of October 21, 1976 (90 Stat.
2776; 43 U.S.C. 1761); and
4. A right-of-way for water line
purposes reserved to the Las Vegas
Valley Water District, its successors and
assigns, by right-of-way number N–
61409, pursuant to Title V of the Act of
October 21, 1976 (90 Stat. 2776; 43
U.S.C. 1761).
Pursuant to Section 4(c) of the
SNPLMA, subject to valid existing
rights, the subject land is withdrawn
from location and entry under the
mining laws and from operation under
the mineral and geothermal leasing laws
until Secretarial termination of the
withdrawal or patenting of the land.
Such withdrawal is documented under
case file number N–66364, effective as
of October 19, 1998. In addition, by
operation of regulation 43 CFR 2711.1–
2(d), through publication of this notice,
the lands are segregated and not subject
to appropriation under the public land
laws, including the mining laws.
Through either the withdrawal or the
segregation, any subsequent application
for an appropriative use will not be
accepted, will not be considered as
filed, and will be returned to the
applicant.
Documents concerning the sale,
appraisal, reservations, procedures, and
conditions, and other environmental
review are available for review at the
BLM Las Vegas Field Office at the
address in the ADDRESSES section. If you
wish to submit a written comment
concerning the sale, before including
personal identifying information in your
comment such as your address, phone
number, email address, etc., 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. The BLM Las
Vegas Field Manager will review the
comments of all interested parties
concerning the sale. To be considered,
comments must be received at the BLM
Las Vegas Field Office on or before the
date stated in the DATES section.
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57127
Any adverse comments regarding the
proposed sale will be reviewed by the
BLM Nevada State Director, or other
authorized official of the Department of
the Interior, who may sustain, vacate, or
modify this realty action. In the absence
of any adverse comments, this realty
action will become the final
determination of the Department of the
Interior.
Authority: 43 CFR 2711.1–2.
Vanessa L. Hice,
Assistant Field Manager, Las Vegas Field
Office.
[FR Doc. 2014–22719 Filed 9–23–14; 8:45 am]
BILLING CODE 4310–HC–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNM004000 L71220000–EU000;
LVTFG14G4440]
Notice of Realty Action: Direct Sale of
Public Land, Oklahoma County, OK
Bureau of Land Management,
Interior.
ACTION: Notice of realty action.
AGENCY:
The Bureau of Land
Management (BLM) is offering to sell a
parcel of public land totaling 2.78 acres
as a non-competitive direct sale at not
less than the appraised fair market value
(FMV) of $175,000, to the City of
Oklahoma City. The sale is pursuant to
Section 203 of the Federal Land Policy
and Management Act of 1976 (FLPMA),
and BLM regulations. In accordance
with BLM regulations, the BLM
authorized officer finds that the public
interest would be best served by
resolving the inadvertent unauthorized
use of public lands by the City of
Oklahoma City whose improvements
occupy portions of the parcel in
question through a direct sale to the
City. Such a sale would also protect
existing equities in the current use of
the land.
DATES: Submit written comments to the
BLM at the address below. The BLM
must receive comments on or before
November 10, 2014.
ADDRESSES: Bureau of Land
Management, Field Manager, Oklahoma
Field Office, 7906 E. 33rd Street, Suite
101, Tulsa, OK 74145.
FOR FURTHER INFORMATION CONTACT:
Richard Fields, Assistant Field Manager,
918–621–4128 or email at Richard_
Fields@blm.gov. Persons who use a
telecommunications devise for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact Mr. Fields during business
SUMMARY:
E:\FR\FM\24SEN1.SGM
24SEN1
]]>Agencies
[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Notices]
[Pages 57124-57127]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22719]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNVS00560.L58530000. EU0000.241A00; N-92955; 13-08807; MO
4500068474 TAS: 14X5232]
Notice of Realty Action: Direct Sale of Public Land (N-92955) for
Affordable Housing Purposes in Las Vegas, Clark County, 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 sell a 5-acre
public land parcel located in the southern portion of the Las Vegas
Valley in Clark County, Nevada, under the authority of Section 203 of
the Federal Land Policy and Management Act of 1976 (FLPMA), as amended,
the BLM land sale conveyance regulations, and the Southern Nevada
Public Land Management Act of 1998 (SNPLMA), as amended. The BLM
proposes that the parcel be sold by direct sale to the Nevada Housing
Division, a division of the State of Nevada, Department of Business and
Industry, at less than the parcel's appraised fair market value (FMV)
consistent with SNPLMA and applicable BLM policy.
DATES: Comments regarding the proposed sale must be received by the BLM
on or before November 10, 2014. The sale would not be held prior to
November 24, 2014.
ADDRESSES: Written comments concerning the proposed sale are to be sent
to the BLM Las Vegas Field Office, Assistant Field Manager, Division of
Lands, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130.
FOR FURTHER INFORMATION CONTACT: Michelle Leiber at 702-515-5168, or
email at mleiber@blm.gov. For information on the SNPLMA Section 7(b)
affordable housing land sale program go to: https://www.blm.gov/nv/st/
en/snplma/affordablehousing.html. Persons who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339 to contact the above
individual during normal business hours. The FIRS 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 Nevada Housing Division submitted a sale
nomination application to the BLM for the proposed affordable housing
project called Agate Avenue Senior
[[Page 57125]]
Apartments, Phase II (Agate Phase II Project). In response, the BLM
proposes to sell a 5-acre parcel of public land located in the southern
portion of the Las Vegas Valley in Clark County, Nevada, further
described as:
Mount Diablo Meridian, Nevada
T. 22 S., R. 61 E.,
Sec. 20, lot 26.
The area described contains 5 acres.
The parcel is identified as Clark County Assessor Parcel Number
177-20-601-011. A map delineating the parcel proposed for sale to the
Nevada Housing Division is available for public review at the BLM Las
Vegas Field Office or at the Web site https://www.blm.gov/nv/st/en/
snplma/affordablehousing.html.
The parcel is located south of the intersection of Agate Avenue and
Kimo Street within the Las Vegas Boulevard and Interstate 15 corridor
south of Blue Diamond Road. The northern, southern, and western
boundaries of the parcel abut developed residential and commercial
properties and the eastern boundary abuts property that is under
development for residential purposes. Access is provided by Agate
Avenue located along the northern boundary of the parcel.
The parcel would be sold using the BLM's direct sale procedures (43
CFR 2711.3-3), and under such terms, covenants, or conditions as
determined necessary by the BLM authorized officer pursuant to SNPLMA
Section 7(b), and the Nevada Guidance Policy and Procedures for
Affordable Housing Disposals (Nevada Guidance), approved on August 8,
2006.
Under SNPLMA Section 7(b), the BLM, in consultation with the
Department of Housing and Urban Development (HUD), may make BLM-managed
public lands available for affordable housing purposes in the State of
Nevada at less than the appraised FMV. The amount administratively
discounted from the FMV is set forth in the Nevada Guidance. For
purposes of SNPLMA, housing is ``affordable housing'' if it serves low-
income families as defined in Section 104 of the Cranston-Gonzales
National Affordable Housing Act, 42 U.S.C. 12704. In the Cranston-
Gonzales Act, the term ``low-income families'' means families whose
incomes do not exceed 80 percent of the median income for the area as
determined by HUD, or as otherwise adjusted by statute. The State of
Nevada's proposed project would use 100 percent of the parcel to serve
senior citizens, including seniors with special needs, with income at
or below 60 percent of the area median income, which represents
extremely low income based on the Nevada Guidance. The Agate Phase II
Project will also give preference to qualifying Veteran households for
at least 10 percent of the units.
The appraised FMV for the 5-acre parcel is $1,800,000. Under the
Nevada Guidance, and after consultation with HUD, the BLM authorized
officer has determined that discount percentages for the respective
median income category would be administratively applied to the
appraised FMV for the parcel to establish the price of the public land
to be sold under these provisions. The FMV for this property would be
discounted 95 percent resulting in a federally-approved sale price of
$90,000 for this transaction, so long as the property is used for
affordable housing purposes consistent with the covenants, terms and
conditions described in the patent.
Consistent with the Nevada Guidance, the preferred method of sale
is direct sale. Such method is appropriate when ``a tract is identified
for transfer to State or local government . . .'' (43 CFR 2711.3-3(1)),
which is the case for sales authorized under SNPLMA Section 7(b). The
direct sale method is also supported when, ``A tract is identified for
sale that is an integral part of a project or public importance and
speculative bidding would jeopardize a timely completion and economic
viability of the project'' (43 CFR 2711.3-3(2)), which is also the case
here.
The Clark County, North Las Vegas, Boulder City, and Mesquite 2010-
2014 HUD Consolidated Plan identified both rental housing serving low-
income and extremely low-income households and housing for persons with
special needs, including the elderly and frail elderly, as its top two
priorities. The project being considered under this notice addressed
those priorities. The consolidated plan identifies a significant
housing need for elderly persons including those with special needs and
physically disabled in southern Nevada. Since the SNPLMA was passed in
1998, the State of Nevada has invested considerable time and
substantial resources in finding eligible properties for affordable
housing projects. Consistent with the SNPLMA joint selection process,
the Nevada Housing Division consulted with the BLM and Clark County
concerning selection of this parcel for disposal for affordable housing
purposes. According to the consolidated plan, the need for affordable
housing is an issue of public importance and this tract of land would
provide a key piece of a project meant to address that need.
The Nevada Housing Division's application includes a comprehensive
plan for assessment and evaluation of the need for and the feasibility
of this affordable housing project. As required by SNPLMA Section 7(b),
HUD reviewed the Agate Phase II Project and provided the BLM its
approval recommendation dated May 30, 2014. The HUD's recommendation
confirmed that the Agate Phase II Project as proposed would use 100
percent of the parcel to serve senior citizens, including seniors with
special needs, with income at or below 60 percent of the area median
income. The HUD further confirmed that the Agate Phase II Project
location and need are consistent with Section 7(b) of SNPLMA, the
Cranston-Gonzales Act, and the 2010-2014 Clark County Consolidated
Plan. The HUD conditioned its approval recommendation on two continuing
requirements: (1) The Nevada Housing Division and Clark County, as
appropriate, are to report the proposed Agate Phase II Project,
including public and private funding sources, in HUD required documents
and plans; and (2) Submittal by the Nevada Housing Division of the
final disposition and development agreement (DDA) and final site plan
to the BLM for review and concurrence in consultation with HUD. A DDA
will be executed between the Nevada Housing Division and its co-
developers, Ovation Development Corporation, and Accessible Space,
Inc., to ensure that the terms and conditions for development of the
project are consistent with the previously submitted comprehensive plan
and other applicable regulations and procedures.
The parcel is within the disposal boundary identified by the U.S.
Congress in the SNPLMA, and is in conformance with the BLM Las Vegas
Resource Management Plan and decision LD-1, approved by Record of
Decision on October 5, 1998. The parcel was also analyzed in the Las
Vegas Valley Disposal Boundary Final Environmental Impact Statement and
approved by Record of Decision on December 23, 2004. The BLM has
completed a site-specific Determination of National Environmental
Policy Act Adequacy (DNA) document number DOI-BLM-NV-S010-2014-0081-DNA
for the sale. The parcel is not required for any Federal purpose.
Consistent with 43 CFR 2711.3-1(d), a deposit of not less than 20
percent of the federally-approved sale price, as discounted consistent
with the Nevada Guidance, must be submitted on or before 30 days
[[Page 57126]]
from the sale offer, by 12:00 p.m. Pacific Time at the BLM Las Vegas
Field Office. Payment(s) will reference BLM serial number N-92955, and
must be made in the form of certified check, postal money order, bank
draft, cashier's check, or any combination thereof, made payable in
U.S. dollars to the order of the Department of the Interior, Bureau of
Land Management (or DOI, BLM).
Failure to submit the deposit will result in forfeiture of the sale
offer. The remainder of the sale price must be paid within 180 days
following the date of the sale offer. Failure to pay the full price
within the 180 days will disqualify the sale offer and cause the entire
20 percent deposit to be forfeited to the BLM, 43 CFR 2711.3-1(d) and
2711.3-3(d). No exceptions will be made. The BLM cannot accept the full
sale price at any time following the expiration of the 180th day after
the sale offer. Payment may be provided electronically through escrow
by Electronic Fund Transfer (EFT), or in the form of a certified check,
postal money order, bank draft, cashier's check, or any combination
thereof, made payable in U.S. dollars to the order of the DOI, BLM.
Arrangements for EFT through escrow to the BLM shall be made a minimum
of 14 days prior to the date of payment. The patent would be issued
following receipt of final payment, as appropriate.
If patented, the patent will include the following numbered terms,
covenants, and conditions:
1. Affordable Housing: Pursuant to Section 7(b) of the SNPLMA, the
term ``affordable housing'' as used in the sale patent, means housing
that serves low-income families as defined in Section 104 of the
Cranston-Gonzales National Affordable Housing Act (42 U.S.C. 12704).
2. Affordable Housing Purpose: For purposes of this proposed sale
patent, the term ``affordable housing purpose'' means for an affordable
housing project which commits 100 percent of living space to affordable
housing, and which overall is used for no purpose other than
residential use and related residential use amenities.
3. Construction: For purposes of the sale patent, the term
``construction'' means ongoing and substantial work dedicated to the
building of the dwelling structures and other improvements necessary
for the realization of the low-income affordable housing project
located on these lands conveyed under Section 7(b) of the SNPLMA.
4. Project: For purposes of this patent, the term ``Project'' means
the construction and resulting dwelling structures and other
improvements on these lands conveyed under Section 7(b) of the SNPLMA,
as approved by the BLM in consultation with HUD, that are necessary for
the realization of the low-income affordable housing purposes.
5. Covenant and Restriction: The Nevada Housing Division is hereby
bound and covenants for itself and all successors-in-interest to use
the land as approved by the BLM in consultation with HUD, and as
conveyed by the sale patent, only for affordable housing purposes for a
period of 40 years (period of affordability). Such period will commence
upon the issuance of a certificate of occupancy or its equivalent by
the appropriate local governmental authority (i.e., Clark County). The
Nevada Housing Division further hereby covenants and binds itself and
all successors-in-interest to develop the subject parcel according to a
disposition and development agreement (DDA) between the Nevada Housing
Division and its co-developers that has received concurrence by the BLM
in consultation with the HUD. As in this patent, the DDA shall have a
provision stating that in the event of any conflict between the terms
of the DDA and the patent and applicable laws, the patent and
applicable laws will control. This affordable housing and DDA covenant
will be deemed appurtenant to and to run with the land.
6. Time Limit: Reversion and Fair Market Value: If, at the end of 5
years from the date of the sale patent, the Agate Phase II Project is
not under construction in accordance with the DDA and the final site
plan approved by the BLM in consultation with the HUD then, at the
option of the United States, the lands, or parts thereof, will revert
to the United States, or, in the alternative, the United States may
require payment by the owner to the United States of the then FMV.
7. Use Restriction: Reversion and Fair Market Value: All land
conveyed by the sale patent will be used only for affordable housing
purposes as approved by the BLM in consultation with the HUD during the
period of affordability. If at any time during the period of
affordability any portion of the land conveyed by the sale patent is
used for any purpose other than affordable housing purposes by the
Nevada Housing Division, or its successor-in-interest, then at the
option of the United States, those lands not used for affordable
housing purposes will revert to the United States; or, in the
alternative, the United States may, at that time, require payment to
the United States of the then FMV, or institute a proceeding in a court
of competent jurisdiction to enforce the covenant set forth above to
use the land conveyed only for affordable housing purposes.
8. Enforcement: The covenant/use restriction and the reversionary
interest may be enforced by the BLM or HUD, or their successors-in-
interest, as deemed appropriate by agreement of these two Federal
agencies at the time of enforcement, after reasonable notice including
an opportunity to cure any default (90 days) to the Nevada Housing
Division and the landowner of record. If any necessary cure has not
been completed and it is shown that completion of such cure would be
impossible by the end of the 90 days, and diligent and substantial
efforts are underway to cure such default, the Federal agencies may
consider a request for a reasonable extension of time to complete cure
of such default.
9. Simultaneous Transfer: The Nevada Housing Division, upon
issuance and acceptance of the sale patent, will simultaneously
transfer by deed the land conveyed by this sale patent to its
successor-in-interest, as reviewed and approved by the BLM in
consultation with HUD.
10. Indemnification and Hold Harmless: By accepting this patent,
the Nevada Housing Division, subject to the limitations of law and to
the extent allowed by law, will be responsible for the acts or
omissions of its officers, directors and employees in connection with
the use or occupancy of the patented real property. Upon simultaneous
transfer as described above, successors-in-interests to the Nevada
Housing Division of the patented real property, will 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, and future acts or
omissions of the successors-in-interest, or its employees, agents,
contractors, or lessees, or any third-party, arising out of or in
connection with the successor-in-interest's use, occupancy, or
operations on the patented real property. This indemnification and hold
harmless agreement includes, but is not limited to, acts and omissions
of the successor-in-interest, and its employees, agents, contractors,
or lessees, or any third party, arising out of or in connection with
the use and/or occupancy of the patented 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; (2) Judgments,
[[Page 57127]]
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) Other releases or threatened releases of solid or hazardous
waste(s) and/or hazardous substances(s), as defined by Federal or State
environmental laws, off, on, into or under land, property and other
interests of the United States; (5) Other activities by which solids or
hazardous substances or wastes, as defined by Federal and State
environmental laws are generated, released, stored, used or otherwise
disposed of on the patented real property, and any cleanup response,
remedial action or other actions related in any manner to said solid or
hazardous substances or wastes; or (6) Natural resource damages as
defined by Federal and State law. This covenant will be construed as
running with the parcel of land patented or otherwise conveyed by the
United States, and may be enforced against successors-in-interest, by
the United States in a court of competent jurisdiction.
No representation or warranty of any kind, express or implied, is
given or will be given by the United States as to the title, the
physical condition or the past, present, or potential uses of the land
proposed for sale. However, to the extent required by law, such land is
subject to the requirements of Section 120(h) of the Comprehensive
Environmental Response Compensation and Liability Act (CERCLA), as
amended (42 U.S.C. 9620(h)).
If patented, title to the land will be subject to the following
numbered reservations to the United States:
1. All minerals are reserved to the United States. Permittees,
licensees, and lessees of the United States retain the right to
prospect for, mine, and remove such leasable and saleable minerals
owned by the United States under applicable law and any regulations
that the Secretary of the Interior may prescribe, together with all
necessary access and exit rights;
2. A right-of-way for ditches or canals constructed by the
authority of the United States pursuant to the Act of August 30, 1890
(26 Stat. 391, 43 U.S.C. 945); and
3. A reversionary interest as further defined in the above terms,
covenants, and conditions.
If patented, title to the land will be subject to:
1. Valid existing rights [of record], including, but not limited to
those documented on the BLM public land records at the time of sale and
as defined below;
2. A right-of-way for public county road (Agate Avenue) purposes
reserved to Clark County, its successors and assigns, by right-of-way
number N-59284, pursuant to Title V of the Act of October 21, 1976 (90
Stat. 2776; 43 U.S.C. 1761);
3. A right-of-way for sanitary sewer pipeline purposes reserved to
the Clark County Water Reclamation District, its successors and
assigns, by right-of-way number N-61105, pursuant to Title V of the Act
of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761); and
4. A right-of-way for water line purposes reserved to the Las Vegas
Valley Water District, its successors and assigns, by right-of-way
number N-61409, pursuant to Title V of the Act of October 21, 1976 (90
Stat. 2776; 43 U.S.C. 1761).
Pursuant to Section 4(c) of the SNPLMA, subject to valid existing
rights, the subject land is withdrawn from location and entry under the
mining laws and from operation under the mineral and geothermal leasing
laws until Secretarial termination of the withdrawal or patenting of
the land. Such withdrawal is documented under case file number N-66364,
effective as of October 19, 1998. In addition, by operation of
regulation 43 CFR 2711.1-2(d), through publication of this notice, the
lands are segregated and not subject to appropriation under the public
land laws, including the mining laws. Through either the withdrawal or
the segregation, any subsequent application for an appropriative use
will not be accepted, will not be considered as filed, and will be
returned to the applicant.
Documents concerning the sale, appraisal, reservations, procedures,
and conditions, and other environmental review are available for review
at the BLM Las Vegas Field Office at the address in the ADDRESSES
section. If you wish to submit a written comment concerning the sale,
before including personal identifying information in your comment such
as your address, phone number, email address, etc., 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. The BLM Las Vegas Field Manager will review the comments
of all interested parties concerning the sale. To be considered,
comments must be received at the BLM Las Vegas Field Office on or
before the date stated in the DATES section.
Any adverse comments regarding the proposed sale will be reviewed
by the BLM Nevada State Director, or other authorized official of the
Department of the Interior, who may sustain, vacate, or modify this
realty action. In the absence of any adverse comments, this realty
action will become the final determination of the Department of the
Interior.
Authority: 43 CFR 2711.1-2.
Vanessa L. Hice,
Assistant Field Manager, Las Vegas Field Office.
[FR Doc. 2014-22719 Filed 9-23-14; 8:45 am]
BILLING CODE 4310-HC-P
