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

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[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