Notice2024-15622
Notice of Realty Action: Direct Sale of Public Land for Affordable Housing Purposes in Clark County, NV
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 17, 2024
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 137 (Wednesday, July 17, 2024)</title>
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[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Notices]
[Pages 58184-58187]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15622]
[[Page 58184]]
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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.
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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: <a href="/cdn-cgi/l/email-protection#d7a4b0b6bbbbbebab8a5b297b5bbbaf9b0b8a1"><span class="__cf_email__" data-cfemail="cab9adaba6a6a3a7a5b8af8aa8a6a7e4ada5bc">[email protected]</span></a>, 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
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</html>Indexed from Federal Register on July 17, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.