Notice of Realty Action: Direct Sale of Public Land for Affordable Housing Purposes in Henderson, Nevada, 367-369 [2022-28536]

Download as PDF Federal Register / Vol. 88, No. 2 / Wednesday, January 4, 2023 / Notices 367 3 Estimated cost burden for property owners and managers is a blended rate based on average hourly and weekly earnings of all employees on private nonfarm payrolls by industry sector, seasonally adjusted. U.S. Bureau of Labor Statistics, June 2022 for all private industry workers ($38.91) and the hourly cost for management, professional, and related workers ($63.55). Accessed September 26, 2022: Table 4. Private industry workers by occupational and industry group—2022 Q02 Results (bls.gov). 4 To estimate hourly cost for the residents, we used average monthly Social Security benefit for retired works in June 2022, (accessed in September 26, 2022: https://www.ssa.gov/news/press/factsheets/basicfact-alt.pdf) which was $1,669 and converted this into an hourly rate of $9.63 per hour (by multiplying $1,669 by 12 months and dividing by 2,080 hours). B. Solicitation of Public Comment This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) The accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) Ways to enhance the quality, utility, and clarity of the information to be collected, and (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. HUD encourages interested parties to submit comment in response to these questions. C. Authority Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. chapter 35 and title 42 U.S.C. 5424 note, title 13 U.S.C. 8(b), and title 12, U.S.C., section 1701z– Solomon J. Greene, Principle Deputy Assistant Secretary for Policy Development and Research. [FR Doc. 2022–28575 Filed 1–3–23; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLNVS01000 L58530000 EU0000 241A; MO#4500163717; TAS: 22X] khammond on DSKJM1Z7X2PROD with NOTICES Notice of Realty Action: Direct Sale of Public Land for Affordable Housing Purposes in Henderson, Nevada Bureau of Land Management, Interior. ACTION: Notice of realty action. AGENCY: The Bureau of Land Management (BLM) proposes to sell a 5acre parcel of public land located in the southern portion of the Las Vegas Valley, Nevada, under the authorities of SUMMARY: VerDate Sep<11>2014 16:55 Jan 03, 2023 Jkt 259001 section 203 of the Federal Land Policy and Management Act of 1976, as amended (FLPMA), BLM land sale regulations, and the Southern Nevada Public Land Management Act of 1998, as amended (SNPLMA). The BLM proposes that the parcel be sold by direct sale to the Clark County Department of Social Services (Clark County), a division of the State of Nevada, at less than the appraised fair market value, for affordable housing purposes pursuant to section 7(b) of SNPLMA and applicable BLM policy. DATES: Submit written comments regarding this direct sale until February 21, 2023. ADDRESSES: Mail written comments to the BLM Las Vegas Field Office, Assistant Field Manager, Division of Lands, 4701 North Torrey Pines Drive, Las Vegas, Nevada 89130. FOR FURTHER INFORMATION CONTACT: Kerri-Anne Thorpe, Supervisory Realty Specialist, Las Vegas Field Office, by email: kthorpe@blm.gov, or by telephone: (702) 515–5176. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-ofcontact in the United States. SUPPLEMENTARY INFORMATION: Clark County submitted a sale nomination application to the BLM for the proposed affordable housing project called Pebble and Eastern Affordable Housing Development (Pebble and Eastern Project). The sale parcel is in the City of Henderson, north of Pebble Road and west of Eastern Avenue, in the southeast part of the Las Vegas Valley. The parcel is further described as: Mount Diablo Meridian, Nevada T. 22 S., R. 61 E., Sec. 14, W1⁄2SE1⁄4SE1⁄4SE1⁄4. The area described contains 5 acres, according to the official plats of the surveys of said land on file with the BLM. This direct sale is in conformance with the BLM Las Vegas Resource Management Plan Record of Decision LD–1, approved on October 5, 1998. The Las Vegas Valley Disposal Boundary Environmental Impact Statement and PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 Record of Decision issued on December 23, 2004, and the Las Vegas In-Valley Area Multi-Action Analysis Environmental Assessment (DOI–BLM– NV–S010–2016–0054–EA) analyzed the sale of this parcel. A parcel-specific Determination of NEPA Adequacy (DOI–BLM–NV–S010–2020–0034–DNA) was prepared in connection with this notice. The parcel is not required for any Federal purpose. Under SNPLMA section 7(b), the Secretary of the Interior, in consultation with the Secretary of Housing and Urban Development (HUD), may make BLM-administered public lands available for affordable housing purposes in the State of Nevada at less than the appraised fair market value. Attachment 1 of Instruction Memorandum NV–2006–067 (Authority and Provisions for Land Disposal for Affordable Housing), also referred to as the Nevada Guidance, provides the discount percentages that may be administratively applied to the fair market value for affordable housing sales. For the 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 (Cranston-Gonzales Act). The CranstonGonzales Act defines ‘‘low-income families’’ as 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. Clark County’s proposed Pebble and Eastern 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. Clark County’s application includes a comprehensive plan for assessment and evaluation of the need for and feasibility of this affordable housing project. As required by SNPLMA section 7(b), HUD reviewed the Pebble and Eastern Project and provided the BLM with a No Objection letter dated September 9, 2021. HUD’s No Objection letter confirmed that the Pebble and Eastern Project, as proposed, will utilize 100 percent of the land to serve low and very low-income families whose income is 60 percent or less of the area median income. HUD further confirmed that the E:\FR\FM\04JAN1.SGM 04JAN1 khammond on DSKJM1Z7X2PROD with NOTICES 368 Federal Register / Vol. 88, No. 2 / Wednesday, January 4, 2023 / Notices Pebble and Eastern Project location and need are consistent with section 7(b) of SNPLMA and the Cranston-Gonzales Act. In accordance with regulations at 43 CFR 2710.0–3(a)(2), ‘‘Disposal of such tract shall serve important public objectives, including but not limited to, expansion of communities and economic development, which cannot be achieved prudently or feasibly on lands other than public lands and which outweigh other public objectives and values . . .’’. The BLM is offering the identified parcel by direct sale to Clark County pursuant to 43 CFR 2711.3–3(a) because, consistent with SNPLMA 7(b) and the Nevada Guidance, the County proposes to use the parcel for affordable housing purposes, as described in the Pebble and Eastern Project documentation. The appraised fair market value for the 5-acre parcel is $4,500,000.00. BLM has determined that a 95 percent discount rate is appropriate for this direct sale and that the discounted sale price will be $225,000.00. According to SNPLMA section 4(c), lands identified within the Las Vegas Valley Disposal Boundary are withdrawn from location and entry under the mining laws and from operation under the mineral leasing and geothermal leasing laws until such time as the Secretary of the Interior terminates the withdrawal or the lands are patented. Upon publication of this notice in the Federal Register, the described land will be segregated from all forms of appropriation under the public land laws, except for the sale provisions of FLPMA, and the BLM will no longer accept land use applications affecting the parcel identified for sale. The parcel may be subject to land use applications received prior to publication of this notice if processing the application would have no adverse effect on the marketability of title, or the fair market value of the parcel. The segregative effect of this notice terminates upon issuance of a patent or other document of conveyance to such lands, or publication in the Federal Register of a termination of the segregation, whichever occurs first. The total segregation period may not exceed 2 years unless extended by the BLM Nevada State Director in accordance with 43 CFR 2711.1–2(d) prior to the termination date. The public land would not be offered for sale to Clark County prior to 60 days from the date of publication of this notice in the Federal Register. The BLM will publish this Notice of Realty Action (Notice) once a week for three VerDate Sep<11>2014 16:55 Jan 03, 2023 Jkt 259001 consecutive weeks in the Las Vegas Review-Journal newspaper. The patent, if issued to Clark County, will be subject to the following covenants, terms, and conditions: 1. Affordable Housing: Pursuant to section 7(b) of SNPLMA, the term ‘‘affordable housing’’ as used in the 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 the 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 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 lowincome affordable housing project located on these lands conveyed under section 7(b) of SNPLMA. 4. Project: For purposes of the patent, the term ‘‘Project’’ means the construction and resulting dwelling structures and other improvements on these lands conveyed under section 7(b) of 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: Clark County 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 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 government authority. Clark County 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 Clark County and its co-developers that has received concurrence by the BLM in consultation with HUD. As in the 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. Affordable housing covenants contained in the DDA will be deemed appurtenant to and run with the land. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 6. Time Limit: Reversion and Fair Market Value: If, at the end of 5 years from the date of the patent, the Pebble and Eastern Project is not under construction in accordance with the DDA and the final site plan approved by the BLM in consultation with 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 fair market value. 7. Use Restriction: Reversion and Fair Market Value: All land conveyed by the patent will be used only for affordable housing purposes as approved by the BLM in consultation with HUD during the period of affordability. If at any time during the period of affordability any portion of the land conveyed by the patent is used for any purpose other than affordable housing purposes by Clark County, 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 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. 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 the Federal agencies at the time of enforcement, after reasonable notice including an opportunity to cure any default (90 days) to Clark County 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: Clark County, upon issuance and acceptance of the patent, will simultaneously transfer by deed the land conveyed by this patent to its successor-in-interest, as reviewed and approved by the BLM in consultation with HUD. 10. Indemnification and Hold Harmless: By accepting the patent, Clark County, 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 E:\FR\FM\04JAN1.SGM 04JAN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 88, No. 2 / Wednesday, January 4, 2023 / Notices occupancy of the patented real property. Upon simultaneous transfer as described above, successors-in-interests to Clark County 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-ininterest, or its employees, agents, contractors, or lessees, or any thirdparty, 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 successorin-interest, and its employees, agents, contractors, or leases, 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; (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 substance(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. 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 VerDate Sep<11>2014 16:55 Jan 03, 2023 Jkt 259001 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 (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, 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 purposes granted to Clark County, its successors and assigns, by right-ofway number N–55084, pursuant to title V of the Act of October 21, 1976; 43 U.S.C. 1761; 3. A right-of-way for an overhead transmission line granted to NV Energy, its successors and assigns, by right-ofway number N–54735, pursuant to title V of the Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761); 4. A right-of-way for an electrical distribution line granted to NV Power Co, its successors and assigns, by rightof-way number N–79333, pursuant to title V of the Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761); 5. A right-of-way for a natural gas pipeline granted to Southwest Gas Corporation, its successors and assigns, by right-of-way number N–57512, pursuant to title V of the Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761); 6. A right-of-way for an overhead transmission line granted to NV Energy, its successors and assigns, by right-ofway number N–78459, pursuant to title V of the Act of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761); Clark County must remit the remainder of the purchase price within 180 days from the date of receiving the sale offer to the BLM Las Vegas Field Office. Payment must be submitted in the form of a certified check, postal money order, bank draft, cashier’s check, or made available by electronic fund transfer made payable in U.S. dollars to the ‘‘Department of the Interior—Bureau of Land Management’’ to the BLM Las Vegas Field Office. The BLM will not accept personal or company checks. Failure to meet conditions established for this sale will void the sale and any funds received will be forfeited. Arrangements for electronic fund transfer to the BLM for payment of the balance due must be made a minimum of 14 days prior to the payment date. Public comments regarding the sale may be submitted in writing to the address in the ADDRESSES section. PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 369 Before including your address, phone number, email address, or other personally identifiable information in your comment, you should be aware that your entire comment—including any personally identifiable information—may be made publicly available at any time. While you can ask us in your comment to withhold your personally identifiable information from public review, we cannot guarantee that we will be able to do so. Information concerning the sale parcel, including encumbrances of record, appraisals, reservations, procedures and conditions, Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9620(h) (CERCLA), and other environmental documents that may appear in the BLM public files for the sale parcel, are available for review. Any comments regarding the proposed sale will be reviewed by the BLM Nevada State Director, who may sustain, vacate, or modify this realty action in response to such comments. In the absence of any comments, this realty action will become the final determination of the Department of the Interior. Authority: 43 CFR 2711.1–2. Stephen Leslie, Assistant Field Manager, Las Vegas Field Office. [FR Doc. 2022–28536 Filed 1–3–23; 8:45 am] BILLING CODE 4310–HC–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLNVS01000 L54400000 EU0000 LVCLF2004410; N–93312; 241A; 14–08807; MO#4500154456; TAS: 20X] Notice of Realty Action: Direct Sale of Public Land to the City of Las Vegas, Nevada Bureau of Land Management, Interior. ACTION: Notice of realty action. AGENCY: The Bureau of Land Management (BLM) proposes a noncompetitive (direct) sale of 939.52 acres of public land to the City of Las Vegas (City), Nevada, at no less than fair market value (FMV), pursuant to the Southern Nevada Public Land Management Act of 1998, as amended (SNPLMA) and applicable provisions of the Federal Land Policy and Management Act of 1976, as amended (FLPMA) and the BLM land sale regulations. The appraised FMV for the sale parcel is $94,000,000.00. The City nominated this parcel for disposal to SUMMARY: E:\FR\FM\04JAN1.SGM 04JAN1

Agencies

[Federal Register Volume 88, Number 2 (Wednesday, January 4, 2023)]
[Notices]
[Pages 367-369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28536]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVS01000 L58530000 EU0000 241A; MO#4500163717; TAS: 22X]


Notice of Realty Action: Direct Sale of Public Land for 
Affordable Housing Purposes in Henderson, Nevada

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 
parcel of public land located in the southern portion of the Las Vegas 
Valley, Nevada, under the authorities of section 203 of the Federal 
Land Policy and Management Act of 1976, as amended (FLPMA), BLM land 
sale regulations, and the Southern Nevada Public Land Management Act of 
1998, as amended (SNPLMA). The BLM proposes that the parcel be sold by 
direct sale to the Clark County Department of Social Services (Clark 
County), a division of the State of Nevada, at less than the appraised 
fair market value, for affordable housing purposes pursuant to section 
7(b) of SNPLMA and applicable BLM policy.

DATES: Submit written comments regarding this direct sale until 
February 21, 2023.

ADDRESSES: Mail written comments to the BLM Las Vegas Field Office, 
Assistant Field Manager, Division of Lands, 4701 North Torrey Pines 
Drive, Las Vegas, Nevada 89130.

FOR FURTHER INFORMATION CONTACT: Kerri-Anne Thorpe, Supervisory Realty 
Specialist, Las Vegas Field Office, by email: [email protected], or by 
telephone: (702) 515-5176. Individuals in the United States who are 
deaf, deafblind, hard of hearing, or have a speech disability may dial 
711 (TTY, TDD, or TeleBraille) to access telecommunications relay 
services. Individuals outside the United States should use the relay 
services offered within their country to make international calls to 
the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: Clark County submitted a sale nomination 
application to the BLM for the proposed affordable housing project 
called Pebble and Eastern Affordable Housing Development (Pebble and 
Eastern Project). The sale parcel is in the City of Henderson, north of 
Pebble Road and west of Eastern Avenue, in the southeast part of the 
Las Vegas Valley. The parcel is further described as:

Mount Diablo Meridian, Nevada

T. 22 S., R. 61 E.,
    Sec. 14, W\1/2\SE\1/4\SE\1/4\SE\1/4\.

    The area described contains 5 acres, according to the official 
plats of the surveys of said land on file with the BLM.

    This direct sale is in conformance with the BLM Las Vegas Resource 
Management Plan Record of Decision LD-1, approved on October 5, 1998. 
The Las Vegas Valley Disposal Boundary Environmental Impact Statement 
and Record of Decision issued on December 23, 2004, and the Las Vegas 
In-Valley Area Multi-Action Analysis Environmental Assessment (DOI-BLM-
NV-S010-2016-0054-EA) analyzed the sale of this parcel. A parcel-
specific Determination of NEPA Adequacy (DOI-BLM-NV-S010-2020-0034-DNA) 
was prepared in connection with this notice. The parcel is not required 
for any Federal purpose.
    Under SNPLMA section 7(b), the Secretary of the Interior, in 
consultation with the Secretary of Housing and Urban Development (HUD), 
may make BLM-administered public lands available for affordable housing 
purposes in the State of Nevada at less than the appraised fair market 
value. Attachment 1 of Instruction Memorandum NV-2006-067 (Authority 
and Provisions for Land Disposal for Affordable Housing), also referred 
to as the Nevada Guidance, provides the discount percentages that may 
be administratively applied to the fair market value for affordable 
housing sales. For the 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 (Cranston-
Gonzales Act). The Cranston-Gonzales Act defines ``low-income 
families'' as 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. Clark County's proposed Pebble and Eastern 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.
    Clark County's application includes a comprehensive plan for 
assessment and evaluation of the need for and feasibility of this 
affordable housing project. As required by SNPLMA section 7(b), HUD 
reviewed the Pebble and Eastern Project and provided the BLM with a No 
Objection letter dated September 9, 2021. HUD's No Objection letter 
confirmed that the Pebble and Eastern Project, as proposed, will 
utilize 100 percent of the land to serve low and very low-income 
families whose income is 60 percent or less of the area median income. 
HUD further confirmed that the

[[Page 368]]

Pebble and Eastern Project location and need are consistent with 
section 7(b) of SNPLMA and the Cranston-Gonzales Act.
    In accordance with regulations at 43 CFR 2710.0-3(a)(2), ``Disposal 
of such tract shall serve important public objectives, including but 
not limited to, expansion of communities and economic development, 
which cannot be achieved prudently or feasibly on lands other than 
public lands and which outweigh other public objectives and values . . 
.''. The BLM is offering the identified parcel by direct sale to Clark 
County pursuant to 43 CFR 2711.3-3(a) because, consistent with SNPLMA 
7(b) and the Nevada Guidance, the County proposes to use the parcel for 
affordable housing purposes, as described in the Pebble and Eastern 
Project documentation.
    The appraised fair market value for the 5-acre parcel is 
$4,500,000.00. BLM has determined that a 95 percent discount rate is 
appropriate for this direct sale and that the discounted sale price 
will be $225,000.00.
    According to SNPLMA section 4(c), lands identified within the Las 
Vegas Valley Disposal Boundary are withdrawn from location and entry 
under the mining laws and from operation under the mineral leasing and 
geothermal leasing laws until such time as the Secretary of the 
Interior terminates the withdrawal or the lands are patented.
    Upon publication of this notice in the Federal Register, the 
described land will be segregated from all forms of appropriation under 
the public land laws, except for the sale provisions of FLPMA, and the 
BLM will no longer accept land use applications affecting the parcel 
identified for sale. The parcel may be subject to land use applications 
received prior to publication of this notice if processing the 
application would have no adverse effect on the marketability of title, 
or the fair market value of the parcel. The segregative effect of this 
notice terminates upon issuance of a patent or other document of 
conveyance to such lands, or publication in the Federal Register of a 
termination of the segregation, whichever occurs first. The total 
segregation period may not exceed 2 years unless extended by the BLM 
Nevada State Director in accordance with 43 CFR 2711.1-2(d) prior to 
the termination date.
    The public land would not be offered for sale to Clark County prior 
to 60 days from the date of publication of this notice in the Federal 
Register. The BLM will publish this Notice of Realty Action (Notice) 
once a week for three consecutive weeks in the Las Vegas Review-Journal 
newspaper.
    The patent, if issued to Clark County, will be subject to the 
following covenants, terms, and conditions:
    1. Affordable Housing: Pursuant to section 7(b) of SNPLMA, the term 
``affordable housing'' as used in the 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 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 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 SNPLMA.
    4. Project: For purposes of the patent, the term ``Project'' means 
the construction and resulting dwelling structures and other 
improvements on these lands conveyed under section 7(b) of 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: Clark County 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 
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 government authority. Clark County 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 Clark County and its co-developers that has received 
concurrence by the BLM in consultation with HUD. As in the 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. Affordable housing covenants 
contained in the DDA will be deemed appurtenant to and run with the 
land.
    6. Time Limit: Reversion and Fair Market Value: If, at the end of 5 
years from the date of the patent, the Pebble and Eastern Project is 
not under construction in accordance with the DDA and the final site 
plan approved by the BLM in consultation with 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 fair market 
value.
    7. Use Restriction: Reversion and Fair Market Value: All land 
conveyed by the patent will be used only for affordable housing 
purposes as approved by the BLM in consultation with HUD during the 
period of affordability. If at any time during the period of 
affordability any portion of the land conveyed by the patent is used 
for any purpose other than affordable housing purposes by Clark County, 
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 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.
    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 the Federal agencies at 
the time of enforcement, after reasonable notice including an 
opportunity to cure any default (90 days) to Clark County 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: Clark County, upon issuance and 
acceptance of the patent, will simultaneously transfer by deed the land 
conveyed by this patent to its successor-in-interest, as reviewed and 
approved by the BLM in consultation with HUD.
    10. Indemnification and Hold Harmless: By accepting the patent, 
Clark County, 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

[[Page 369]]

occupancy of the patented real property. Upon simultaneous transfer as 
described above, successors-in-interests to Clark County 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 leases, 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; (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 
substance(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.
    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 
(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, 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 purposes granted to Clark 
County, its successors and assigns, by right-of-way number N-55084, 
pursuant to title V of the Act of October 21, 1976; 43 U.S.C. 1761;
    3. A right-of-way for an overhead transmission line granted to NV 
Energy, its successors and assigns, by right-of-way number N-54735, 
pursuant to title V of the Act of October 21, 1976 (90 Stat. 2776; 43 
U.S.C. 1761);
    4. A right-of-way for an electrical distribution line granted to NV 
Power Co, its successors and assigns, by right-of-way number N-79333, 
pursuant to title V of the Act of October 21, 1976 (90 Stat. 2776; 43 
U.S.C. 1761);
    5. A right-of-way for a natural gas pipeline granted to Southwest 
Gas Corporation, its successors and assigns, by right-of-way number N-
57512, pursuant to title V of the Act of October 21, 1976 (90 Stat. 
2776; 43 U.S.C. 1761);
    6. A right-of-way for an overhead transmission line granted to NV 
Energy, its successors and assigns, by right-of-way number N-78459, 
pursuant to title V of the Act of October 21, 1976 (90 Stat. 2776; 43 
U.S.C. 1761);
    Clark County must remit the remainder of the purchase price within 
180 days from the date of receiving the sale offer to the BLM Las Vegas 
Field Office. Payment must be submitted in the form of a certified 
check, postal money order, bank draft, cashier's check, or made 
available by electronic fund transfer made payable in U.S. dollars to 
the ``Department of the Interior--Bureau of Land Management'' to the 
BLM Las Vegas Field Office. The BLM will not accept personal or company 
checks. Failure to meet conditions established for this sale will void 
the sale and any funds received will be forfeited. Arrangements for 
electronic fund transfer to the BLM for payment of the balance due must 
be made a minimum of 14 days prior to the payment date.
    Public comments regarding the sale may be submitted in writing to 
the address in the ADDRESSES section. Before including your address, 
phone number, email address, or other personally identifiable 
information in your comment, you should be aware that your entire 
comment--including any personally identifiable information--may be made 
publicly available at any time. While you can ask us in your comment to 
withhold your personally identifiable information from public review, 
we cannot guarantee that we will be able to do so.
    Information concerning the sale parcel, including encumbrances of 
record, appraisals, reservations, procedures and conditions, 
Comprehensive Environmental Response, Compensation and Liability Act, 
42 U.S.C. 9620(h) (CERCLA), and other environmental documents that may 
appear in the BLM public files for the sale parcel, are available for 
review.
    Any comments regarding the proposed sale will be reviewed by the 
BLM Nevada State Director, who may sustain, vacate, or modify this 
realty action in response to such comments. In the absence of any 
comments, this realty action will become the final determination of the 
Department of the Interior.
    Authority: 43 CFR 2711.1-2.

Stephen Leslie,
Assistant Field Manager, Las Vegas Field Office.
[FR Doc. 2022-28536 Filed 1-3-23; 8:45 am]
BILLING CODE 4310-HC-P


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