Notice of Realty Action: Non-Competitive (Direct) Sale in the Las Vegas Valley, NV, 43659-43661 [E7-15235]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management
• Land Management Bureau

[Federal Register Volume 72, Number 150 (Monday, August 6, 2007)]
[Notices]
[Pages 43659-43661]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15235]



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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-056-5853-EU; N-82856; 7-08807]


Notice of Realty Action: Non-Competitive (Direct) Sale in the Las 
Vegas Valley, 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 10-acre 
parcel of public land in the southwest portion of the Las Vegas Valley, 
Nevada to Clark County for affordable housing purposes. BLM proposes 
that the parcel be sold by direct sale to Clark County at less than the 
appraised fair market value (FMV), pursuant to Section 7(b) of the 
Southern Nevada Public Land Management Act (Pub. L. 105-263, SNPLMA) 
and the Nevada Guidance on Policy and Procedures for Affordable Housing 
Disposals (Nevada Guidance) approved on August 8, 2006. BLM proposes to 
sell the parcel in accordance with the applicable provisions in 
Sections 203 and 209 of the Federal Land Policy and Management Act of 
1976, 43 U.S.C. 1701 et seq. (FLPMA), and the BLM land sale and mineral 
conveyance regulations at 43 CFR Section 2710 and Section 2720, 
respectively.

DATES: On or before September 20, 2007 interested parties may submit 
comments concerning the proposed sale, including the environmental 
assessment (EA), to the BLM Field Manager, Las Vegas Field Office, at 
the address stated below.

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

FOR FURTHER INFORMATION CONTACT: Michelle Leiber, BLM Realty 
Specialist, at (702) 515-5168. For general information on BLM's public 
land sale procedures, refer to the following Web address: https://
www.blm.gov/nhp/what/lands/realtysales.htm.

SUPPLEMENTARY INFORMATION: Pursuant to a request by Clark County, BLM 
proposes to sell a 10-acre parcel of public land located in the 
southwest portion of the Las Vegas Metropolitan Area and further 
described below. The parcel's southern and western boundaries abut 
developed residential properties. The other two sides are bound by 
developed roads (northern boundary is Arby Avenue; and eastern boundary 
is Riley Street). The subject parcel would be sold using the direct 
sale procedures, and under such terms, covenants, or conditions as 
determined necessary for affordable housing purposes by the BLM 
Authorized Officer in accordance with Section 7(b) of SNPLMA, and the 
Nevada Guidance. Pursuant to Section 7(b) of SNPLMA, BLM, in 
consultation with the Department of Housing and Urban Development 
(HUD), may make lands available for affordable housing purposes, in the 
State of Nevada at less than the appraised FMV. The amount 
administratively discounted from FMV is calculated according to the 
Nevada Guidance provisions.
    Under SNPLMA Section 7(b), housing is ``affordable housing'' if the 
housing serves low-income families as defined in Section 104 of the 
Cranston-Gonzales National Affordable Housing Act ([Cranston-Gonzales] 
42 U.S.C. 12704). In the Cranston-Gonzales Act, the term ``low-income 
families'' means families whose incomes do not exceed eighty percent 
(80%) of the average median income for the area as determined by HUD.
    The appraised FMV for the 10-acre parcel is nine million five 
hundred thousand dollars ($9,500,000). Under the Nevada Guidance, and 
after consultation with HUD, the BLM Authorized Officer has determined 
that discount percentages for the respective median income category 
will be administratively applied to the FMV by BLM in order to 
establish the value of the public lands to be sold under these 
provisions. The FMV for this property would be ninety-five percent 
(95%) discounted pursuant to the Nevada Guidance resulting in a 
federally approved purchase price of four hundred seventy five thousand 
dollars ($475,000), so long as the property is used for affordable 
housing purposes.
    Under the Nevada Guidance, the preferred method of sale under 
SNPLMA Section 7(b) is direct sale. In addition, the direct sale method 
is supported by 43 CFR 2711.3-3(1), which authorizes direct sales when, 
``A tract is identified for transfer to State or local government,'' 
and 43 CFR 2711.3-3(2), which authorizes direct sales 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.'' Since SNPLMA was passed in 
1998, Clark County has invested considerable time and substantial 
resources in finding eligible projects for affordable housing purposes.
    This project supported under SNPLMA Section 7(b) is called the 
``Arby Family Apartments.'' If successfully sold, this project would 
begin to meet the tremendous demand for affordable housing recognized 
by the State of Nevada and the local governmental entities in the Las 
Vegas Valley. Clark County's submission of the sale nomination to the 
BLM and HUD includes a comprehensive plan for assessment and evaluation 
of the need for and feasibility of this project. HUD has recommended 
approval of this project in accordance with the SNPLMA, the Nevada 
Guidance, and HUD's Policy and Procedures for Affordable Housing 
Disposals Section 4(C-H).
    Therefore, the following described land in Clark County, Nevada, is 
proposed to be sold to Clark County for affordable housing purposes 
under Section 7(b) of SNPLMA:

Land Proposed for Sale

Mount Diablo Meridian, Nevada

T. 22 S., R. 60 E., Sec. 5, NE\1/4\SW\1/4\SE\1/4\.

    Clark County Tax Parcel No.: 176-05-801 -013.
    The land described contains 10.0 acres, more or less, in Clark 
County.

    This parcel is within the disposal boundary adopted by Congress in 
the SNPLMA and is also in conformance with the BLM Las Vegas Resource 
Management Plan, approved on October 5, 1998. The land is not required 
for any Federal purpose. The sale will be made subject to the 
applicable provisions of FLPMA and the regulations of the Secretary of 
the Interior. Under 43 CFR 2711.3-1(d) and 2711.3-1(b), a deposit of 
not less than twenty percent (20%) of the federally approved purchase 
price must be submitted, thirty (30) days from the date of the sale 
offer, by 4 p.m. PST at the BLM Las Vegas Field Office. Payment 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 DOI--Bureau of Land Management.
    Failure to submit the deposit will result in forfeiture of the sale 
offer. Remainder of the purchase price must be paid within one hundred 
eighty (180) calendar days following the date of the sale offer. 
Failure to pay the full price within the one hundred eighty (180) days 
will disqualify the sale offer and cause the entire twenty percent 
(20%) deposit to be forfeited to the BLM, 43 CFR 2711.3-1(d) and 
2711.3-3. No exceptions will be made. BLM cannot accept the full price 
at any time following the expiration of the 180th day after the sale 
offer. Payment must be received in the form of a certified check, 
postal money order, bank draft, cashier's check, or any combination 
thereof,

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made payable in U.S. dollars to the order of the DOI--Bureau of Land 
Management. Arrangements for Electronic Fund Transfer to BLM for the 
balance due shall be made a minimum of two weeks prior to the date you 
wish to make payment.
    The patent shall include the following numbered terms, covenants, 
and conditions:
    1. Affordable Housing: Pursuant to Section 7(b) of 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 the sale patent, the 
term ``affordable housing purpose'' shall mean for the purpose of 
affordable housing projects, including construction, which commit fifty 
percent (50%), or more, of living space to affordable housing, and 
which are used for no purpose other than residential use.
    3. Construction: For purposes of the sale patent, the term 
``construction'' shall mean ongoing and substantial work dedicated to 
the building of the dwelling structures and other improvements 
necessary for the realization of low-income affordable housing projects 
located on lands conveyed under Section 7(b) of SNPLMA.
    4. Covenant and Restriction: Clark County hereby covenants and 
binds all successors-in-interests to use the land as approved by the 
BLM and HUD and conveyed by the sale patent only for affordable housing 
purposes for a period of twenty (20) years, which will commence upon 
the issuance of a certificate of occupancy or its equivalent by the 
HUD. This affordable housing covenant shall be deemed appurtenant to 
and to run with the ownership of the land conveyed by the sale patent. 
It shall be binding on Clark County, its successors and assigns, during 
the time each owns the land.
    5. Time Limit: Reversion and Fair Market Value. If, at the end of 
five (5) years from the date of the sale patent, any land conveyed 
through this proposed sale is not being used for affordable housing 
purposes, at the option of the United States, those lands not so used 
shall 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 fair market value.
    6. Use Restriction: Reversion and Fair Market Value. All land 
conveyed by the sale patent shall be used only for affordable housing 
purposes as approved by the BLM and HUD during the period of 
affordability. If at any time all or any portion of the land conveyed 
by the sale patent is used for any purpose other than affordable 
housing purposes by Clark County as approved, or any successor-in-
interest, at the option of the United States, those lands not used for 
affordable housing purposes shall revert to the United States, or, in 
the alternative, the United States may at this time require payment by 
the owner to the United States of the then fair market value 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.
    7. Enforcement: This use restriction and the reversionary interest 
may be enforced by the BLM or the HUD, or their successors-in-interest, 
as deemed appropriate by agreement of these two agencies at the time of 
enforcement, after reasonable notice to Clark County and landowner of 
record and opportunity to cure any default.
    8. Clark County, upon issuance and acceptance of the sale patent, 
shall simultaneously transfer by deed the land conveyed by the sale 
patent to its successor-in-interest.
    If patented, title to the land will continue to be subject to the 
following numbered reservations to the United States:
    1. 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);
    2. Discretionary leasable(s) (oil and gas only) and all saleable 
mineral deposits in the land so patented, and to it, its permittees, 
licensees, and lessees, the right to prospect for, mine, and remove the 
minerals owned by the United States under applicable law and such 
regulations as the Secretary of the Interior (Secretary) may prescribe, 
including all necessary access and exit rights; 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
    2. By accepting the sale patent, Clark County, subject to the 
limitations of law and to the extent allowed by law, shall 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. Successors-in-interests of the patented real property, except 
Clark County, shall indemnify, defend, and hold the United States and 
Clark County 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, excluding Clark County, or its employees, 
agents, contractors, or lessees, [or any third-party], arising out of 
or in connection with the successors-in-interests, excluding Clark 
County, 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 successors-in-interests, 
excluding Clark County, 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, claims or 
demands of any kind assessed against the United States or Clark County; 
(3) Costs, expenses, or damages of any kind incurred by the United 
States or Clark County; (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 or Clark County; (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 shall be construed as running with the parcels of land 
patented or otherwise conveyed by the United States, and may be 
enforced against successors-in-interest, excluding Clark County, by the 
United States or Clark County 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

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120(h) of the Comprehensive Environmental Response Compensation and 
Liability Act (CERCLA), as amended (42 U.S.C. 9620(h)).
    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. The segregative effect of this 
notice will terminate upon issuance of a patent or other document of 
conveyance for such land, upon publication in the Federal Register of a 
termination of the segregation, or August 5, 2009, whichever occurs 
first, unless extended by the Nevada State Director in accordance with 
43 CFR 2711.1-2(d), prior to the expiration date. The above described 
land was previously segregated from mineral entry under case file 
number N-66364, with record notation as of October 19, 1998. Subject to 
valid existing rights, the lands described for disposal are withdrawn 
from location and entry, under the mining laws and from operation under 
the mineral leasing and geothermal leasing laws until such time the 
Secretary terminates the withdrawal or the lands are patented. The 
above-described land was withdrawn from mineral entry under the SNPLMA 
as of October 19, 1998. This previous segregation will terminate upon 
publication of this notice in the Federal Register.
    Detailed information concerning the proposed sale, including any 
environmental studies and documents, approved appraisal report and 
supporting documents, is available for review at the BLM Las Vegas 
Field Office at the address above. Interested parties may submit 
written comments regarding the sale, including the EA, to the address 
above. No facsimiles, e-mails, or telephone calls will be considered as 
validly submitted comments. 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. The Field Manager, BLM Las 
Vegas Field Office, 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 above in this 
notice for that purpose.
    In the absence of any adverse comments, the decision will become 
effective on October 5, 2007.
    The lands will not be offered for sale until after the decision 
becomes effective.

(Authority: 43 CFR 2711.1-2).

Angie Lara,
Acting Field Manager, Las Vegas Field Office, Las Vegas, NV.
 [FR Doc. E7-15235 Filed 8-3-07; 8:45 am]
BILLING CODE 4310-HC-P