Notice of Realty Action: Direct Sale of Public Land for Affordable Housing Purposes in Clark County, NV, 58184-58187 [2024-15622]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Notices]
[Pages 58184-58187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15622]



[[Page 58184]]

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[BLM_NV_FRN_MO4500179239]


Notice of Realty Action: Direct Sale of Public Land for 
Affordable Housing Purposes in Clark County, NV

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) proposes to sell a 20-acre 
public land parcel located in the southwestern portion of the Las Vegas 
Valley, Nevada, under the authorities of the Federal Land Policy and 
Management Act of 1976 (FLPMA), as amended, the BLM land sale 
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 (without competition) to the Clark County Department of 
Social Services, a division of the State of Nevada, at less than the 
appraised fair market value for affordable housing purposes pursuant to 
SNPLMA and applicable BLM policy.

DATES: Submit written comments regarding this direct sale until 
September 3, 2024.

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: Brad Gallimore, Supervisory Realty 
Specialist, Las Vegas Field Office, by email: [email protected], or by 
telephone: (702) 515-5069. 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: The Clark County Department of Social 
Services submitted a sale nomination to the BLM for the proposed 
affordable housing project called Cactus Trails Affordable Housing 
Project. Affordable housing-related disposals are processed by the BLM 
in Nevada following the procedures outlined in Attachment 1 (Procedures 
for Affordable Housing Disposals) of Instruction Memorandum NV-2024-005 
(Availability of Revised Nevada Guidance on Procedures for Affordable 
Housing Disposals and Fiscal Year 2024 Price for Affordable Housing 
Land Disposals and Incorporation of the Memorandum of Understanding for 
Affordable Housing), commonly referred to as the ``Nevada Guidance.'' 
For purposes of SNPLMA, affordable housing serves low-income families 
as defined in section 104 of the Cranston-Gonzales National Affordable 
Housing Act. The Cranston-Gonzales National Affordable Housing Act 
defines low-income families as those whose incomes do not exceed 80 
percent of the Area Median Income, as determined annually by the 
Secretary of Housing and Urban Development, or as otherwise defined by 
the Secretary of Housing and Urban Development pursuant to 42 U.S.C. 
12704.
    The subject public lands are legally described as:

Mount Diablo Meridian, Nevada

T. 22 S., R. 60 E.,
    Sec. 27, W\1/2\NE\1/4\SE\1/4\SW\1/4\, E\1/2\SW1/4SE\1/4\SW\1/4\, 
and SE\1/4\SE\1/4\SW\1/4\.
    The area described contains 20 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 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 National Environmental Policy Act Adequacy, document 
number DOI-BLM-NV-S010-2023-0076-DNA, was completed in connection with 
this notice of realty action (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, may 
make BLM-administered public lands available for affordable housing 
purposes in the State of Nevada at less than the appraised fair market 
value. Instruction Memorandum NV-2024-005 (Fiscal Year 2024 Price for 
Affordable Housing Land Disposals and Incorporation of the Memorandum 
of Understanding for Affordable Housing) set the affordable housing 
price at $100 per acre for affordable housing disposals processed by 
the BLM in Nevada during fiscal year 2024 (October 1, 2023, through 
September 30, 2024). The per-acre price is reflective of the need to 
reduce the overall price of public land for affordable housing projects 
to the lowest amount practicable. The total sale price for the 20-acre 
parcel is $2,000. Though a non-market-based sale price will be utilized 
for conveyance of this parcel, an appraisal will be completed prior to 
conveyance to determine the fair market value of the land.
    The Clark County Department of Social Services sale nomination 
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), the U.S. Department of Housing and Urban 
Development reviewed the Cactus Trails Affordable Housing Project and 
provided the BLM with a consultation letter dated December 13, 2023. 
The U.S. Department of Housing and Urban Development's consultation 
letter confirmed that the Cactus Trails Affordable Housing Project 
``proposes to sell 80 percent of the constructed units to first-time 
homebuyer[s] with household incomes at or below 80 percent of the area 
median income (AMI) for the Las Vegas-Henderson-Paradise Metropolitan 
Statistical Area (MSA). Twenty percent of the units will be sold to 
first-time homebuyers with household incomes at or below 100 percent of 
AMI.'' The U.S. Department of Housing and Urban Development further 
confirmed that the Cactus Trails Affordable Housing Project location 
and need are consistent with section 7(b) of SNPLMA and the Cranston-
Gonzales National Affordable Housing 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 pursuant 
to 43 CFR 2711.3-3(a) because, consistent with SNPLMA 7(b) and the 
Nevada Guidance, the parcel would be used for affordable housing 
purposes, as described in the Disposition and Development Agreement for 
the Cactus Trails Affordable Housing Project.
    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.

[[Page 58185]]

    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 the Clark County 
Department of Social Services prior to 60 days from the date of 
publication of this notice in the Federal Register. The BLM will 
publish this notice once a week for 3 consecutive weeks in the Las 
Vegas Review-Journal newspaper.
    The patent, if issued, will be subject to the following covenants, 
terms, and conditions:
    1. Affordable Housing: Pursuant to section 7(b) of the Southern 
Nevada Public Land Management Act (SNPLMA), the term ``affordable 
housing'' as used in this 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. Certificate of Occupancy: For purposes of this sale patent, the 
term ``Certificate of Occupancy'' means a document issued by a State or 
local governmental entity with jurisdiction upon completion of a 
structure designed and permitted for immediate occupancy after 
completion and final approval of all permitted work, including all 
planned residential living units. This term does not include temporary 
certificates which require a final certificate to be issued upon 
completion of all permitted work. Certificates of Occupancy are issued 
by the Clark County Building Official or Building Division in Clark 
County, Nevada.
    3. Covenant and Restriction: The Clark County Department of Social 
Services is hereby bound and covenants for itself and all successors-
in-interest to use the land as approved by the U.S. Department of the 
Interior, Bureau of Land Management (BLM) in consultation with the U.S. 
Department of Housing and Urban Development (HUD), and as conveyed by 
this sale patent, only for affordable housing purposes. The Clark 
County Department of Social Services further hereby covenants and binds 
itself and all successors-in-interest to develop the subject parcel 
according to a binding development agreement, also known as a 
Disposition and Development Agreement, between the Clark County 
Department of Social Services and its co-developers that has received 
concurrence by the BLM in consultation with HUD. As in this patent, the 
agreement shall have a provision stating that in the event of any 
conflict between the terms of the agreement and the patent and 
applicable laws, the patent and applicable laws will control. This 
covenant will be deemed appurtenant to and to run with the land.
    4. Limited Reversion of Title: If, at the end of 5 years from the 
date of this sale patent, except as provided herein, the affordable 
housing project described in the aforementioned development agreement 
between the Clark County Department of Social Services and its co-
developers is not authorized for residential occupancy through a final 
Certificate of Occupancy 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-current fair market value. Patentee may 
request in writing to have additional time under this Paragraph to 
obtain residential occupancy through a final Certificate of Occupancy. 
The United States, through the BLM, shall have sole discretion to grant 
or deny Patentee's request.
    5. Time Limit: The United States will retain the option to revert 
title to the land until a final Certificate of Occupancy is issued for 
the applicable affordable housing project.
    6. Fair Market Value: The Clark County Department of Social 
Services or then current landowner may request at any time to purchase 
the reserved interests of the United States at the then-current fair 
market value. The requestor will be responsible for paying all costs of 
the United States, which is under no obligation to agree to sell, to 
process such a request.
    7. Enforcement: The covenant/use restriction and the limited 
reversionary interest may be enforced by the BLM or HUD, or their 
successors-in-interest, after reasonable notice, which includes an 
opportunity to cure any default within 90 days, to the Clark County 
Department of Social Services and the landowner of record. If any 
necessary cure has not been completed and is shown to be impossible to 
complete by the end of the 90 days, and diligent and substantial 
efforts are underway to cure such default, a request for a reasonable 
extension of time to complete cure of such default may be considered by 
the BLM or HUD.
    8. Indemnification and Hold Harmless: By accepting this sale 
patent, the Clark County Department of Social Services, 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 transfer as described above, successors-in-interests to 
the Clark County Department of Social Services 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, 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 solid 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

[[Page 58186]]

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, as amended (42 
U.S.C. 9620(h)).
    9. Additional terms and conditions that the authorized officer 
deems appropriate.
    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 is reserved for ditches and canals constructed by 
authority of the United States under 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.
    2. A right-of-way for a sewer mainline granted to the Clark County 
Water Reclamation District, its successors and assigns, by right-of-way 
number NVNV-105874515, 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 a water pipeline granted to Clark County, its 
successors and assigns, by right-of-way number NVNV-105951602, 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 a duck creek flood control granted to Clark 
County, its successors and assigns, by right-of-way number NVNV-
106137894, 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 
NVNV-106208503, 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 underground transmission powerline granted 
to NV Energy, its successors and assigns, by right-of-way number NVNV-
106209573, pursuant to title V of the Act of October 21, 1976 (90 Stat. 
2776; 43 U.S.C. 1761);
    7. A right-of-way for underground water pipeline granted to the Las 
Vegas Valley Water District, its successors and assigns, by right-of-
way number NVNV-106216462, pursuant to title V of the Act of October 
21, 1976 (90 Stat. 2776; 43 U.S.C. 1761);
    8. A right-of-way for a drainage facility granted to Clark County, 
its successors and assigns, by right-of-way number NVNV-106217846, 
pursuant to title V of the Act of October 21, 1976 (90 Stat. 2776; 43 
U.S.C. 1761);
    9. A right-of-way for Water Reclamation granted to Clark County, 
its successors and assigns, by right-of-way number NVNV-106220722, 
pursuant to title V of the Act of October 21, 1976 (90 Stat. 2776; 43 
U.S.C. 1761);
    10. A right-of-way for a road and drainage granted to Clark County, 
its successors and assigns, by right-of-way number NVNV-106250397, 
pursuant to title V of the Act of October 21, 1976 (90 Stat. 2776; 43 
U.S.C. 1761);
    11. A right-of-way for a geotechnical study granted to Clark 
County, its successors and assigns, by right-of-way number NVNV-
106338433, pursuant to title V of the Act of October 21, 1976 (90 Stat. 
2776; 43 U.S.C. 1761);
    The parcel is subject to limitations prescribed by law and 
regulation, and certain encumbrances in favor of third parties. Prior 
to patent issuance, a holder of any right-of-way (ROW) within the sale 
parcel will have the opportunity to amend their ROW for conversion to a 
new term, including in perpetuity if applicable, or to an easement. The 
BLM will notify existing ROW holders of record of their ability to 
convert their compliant ROWs to perpetual ROWs or easements. In 
accordance with Federal regulations at 43 CFR 2807.15, once notified, 
each holder may apply for the conversion of their current 
authorization.
    The Clark County Department of Social Services will have until 4 
p.m. Pacific Time, 30 days from the date of receiving the sale offer, 
to respond with a formal offer to purchase the parcel. The full 
purchase price must be remitted to the BLM Las Vegas Field Office 
within 180 days of the date of receiving the sale offer. Payment must 
be submitted in the form of a cash, personal check, 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. 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 due 
date.
    In accordance with 43 CFR 2711.3-1(f), the BLM may accept or reject 
any offer to purchase or withdraw any parcel of land or interest 
therein from sale within 30 days, if the BLM authorized officer 
determines consummation of the sale would be inconsistent with any law, 
or for other reasons as may be provided by applicable law or 
regulations. No contractual or other rights against the United States 
may accrue until the BLM officially accepts the offer to purchase and 
the full price is paid.
    To the extent required by law, the parcel is subject to the 
requirements of section 120(h) of the Comprehensive Environmental 
Response, Compensation and Liability Act, 42 U.S.C. 9620(h), as 
amended. Accordingly, notice is hereby given that the lands have been 
examined and no evidence was found to indicate that any hazardous 
substances have been stored for 1 year or more, nor that any hazardous 
substances have been disposed of or released on the subject properties.
    It is the buyer's responsibility to be aware of all applicable 
Federal, State, and local Government laws, regulations, and policies 
that may affect the subject land, including any required dedication of 
lands for public uses. It is also the buyer's responsibility to be 
aware of existing or prospective uses of nearby properties. When 
conveyed out of Federal ownership, the land will be subject to any 
applicable laws, regulations, and policies of the applicable local 
government for proposed uses. It is the responsibility of the buyer to 
be aware through due diligence of those laws, regulations, and 
policies, and to seek any required local approvals for uses. The buyer 
should make itself aware of any Federal or State law or regulation that 
may impact the use of the property.
    Public comments regarding the sale may be submitted in writing to 
the address in the ADDRESSES section. Before including your address, 
phone

[[Page 58187]]

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, appraisal (when available), reservations, procedures and 
conditions, Comprehensive Environmental Response, Compensation and 
Liability Act, 42 U.S.C. 9620(h), 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 
adverse comments, this realty action will become the final 
determination of the Department of the Interior.

(Authority: 43 CFR 2711.1-2)

Bruce L. Sillitoe,
Field Manager, Las Vegas Field Office.
[FR Doc. 2024-15622 Filed 7-16-24; 8:45 am]
BILLING CODE 4331-21-P