Notice2026-05669
Direct Sale of Public Land for Affordable Housing Purposes in the City of Henderson, Nevada
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
March 24, 2026
Issuing agencies
Interior DepartmentLand Management Bureau
Abstract
The Bureau of Land Management (BLM) proposes to sell an 18.59- acre parcel of public land located in the west portion of Henderson, Nevada, under the authority of section 203 of the Federal Land Policy and Management Act of 1976, as amended (FLPMA); applicable BLM land sale regulations; and the Southern Nevada Public Land Management Act of 1998, as amended (SNPLMA). The BLM intends to conduct a direct sale of the parcel to the City of Henderson, a political subdivision of the State of Nevada, at less than the appraised fair market value, for affordable housing purposes, consistent with section 7(b) of the SNPLMA and applicable BLM policy.
Full Text
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<title>Federal Register, Volume 91 Issue 56 (Tuesday, March 24, 2026)</title>
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[Federal Register Volume 91, Number 56 (Tuesday, March 24, 2026)]
[Notices]
[Pages 14036-14039]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05669]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[A2407-014-004-065516; #O2412-014-004-047181.1]
Direct Sale of Public Land for Affordable Housing Purposes in the
City of 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 an 18.59-
acre parcel of public land located in the west portion of Henderson,
Nevada, under the authority of section 203 of the Federal Land Policy
and Management Act of 1976, as amended (FLPMA); applicable BLM land
sale regulations; and the Southern Nevada Public Land Management Act of
1998, as amended (SNPLMA). The BLM intends to conduct a direct sale of
the parcel to the City of Henderson, a political subdivision of the
State of Nevada, at less than the appraised fair market value, for
affordable housing purposes, consistent with section 7(b) of the SNPLMA
and applicable BLM policy.
DATES: Submit written comments regarding this direct sale until May 8,
2026.
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: Stephen (Brad) Gallimore, Supervisory
Realty Specialist, email at <a href="/cdn-cgi/l/email-protection#e3a1afaebcadb5bcafb5a5acbcaf828d87b7868d969186b786828ea3818f8ecd848c95"><span class="__cf_email__" data-cfemail="efada3a2b0a1b9b0a3b9a9a0b0a38e818bbb8a819a9d8abb8a8e82af8d8382c1888099">[email protected]</span></a> or by
telephone at (702) 515-5017. For general information about BLM
affordable housing land disposals, visit: <a href="https://www.blm.gov/snplma">https://www.blm.gov/snplma</a>.
Information concerning the affordable housing sale parcel--
including encumbrances of record, appraisals, reservations, procedural
requirements, conditions, and documentation related to the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), 42 U.S.C. 9620(h)--as well as other environmental records,
are available for public review by appointment during business hours,
Monday through Friday, 8 a.m. to 4 p.m. Pacific Time, excluding federal
holidays, at the BLM Las Vegas Field Office.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or Tele
Braille) 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. You will receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION: The City of Henderson has nominated this
parcel of case file number NVNV106335451 for direct sale under
applicable BLM authorities to support the development of the proposed
West Henderson Affordable Housing Apartments. In Nevada, affordable
housing land disposals are conducted pursuant to section 7(b) of the
SNPLMA (Pub. L. 105-263) and in accordance with BLM Instruction
Memorandum (IM) NV-2025-007, which establishes a nominal disposal price
of $100 per acre for eligible nominations during fiscal year 2025,
representing a price below fair market value.
For purposes of SNPLMA, affordable housing must serve low-income
families, as defined in section 104 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12704). Under this definition, ``low-
income families'' are those whose incomes do not exceed 80 percent of
the Area Median Income (AMI), as determined annually by the U.S.
Department of Housing and Urban Development (HUD).
The subject public lands are legally described as:
Mount Diablo Meridian, Nevada
T. 23 S., R. 61 E.,
Sec. 16, W\1/2\SW\1/4\SW\1/4\NW\1/4\NW\1/4\NW\1/4\, SE\1/4\SW\1/
4\SW\1/4\NW\1/4\NW\1/4\NW\1/4\, W\1/2\NE\1/4\NW\1/4\SW\1/4\NW\1/
4\NW\1/4\, W\1/2\NW\1/4\SW\1/4\NW\1/4\NW\1/4\, W\1/2\SE\1/4\NW\1/
4\SW\1/4\NW\1/4\NW\1/4\, W\1/2\NE\1/4\SW\1/4\SW\1/4\NW\1/4\NW\1/4\,
NW\1/4\SW\1/4\SW\1/4\NW\1/4\NW\1/4\, N\1/2\SW\1/4\SW\1/4\SW\1/
4\NW\1/4\NW\1/4\, and SW\1/4\SW\1/4\SW\1/4\SW\1/4\NW\1/4\NW\1/4\;
Sec. 17, S\1/2\SE\1/4\NW\1/4\NE\1/4\NE\1/4\NE\1/4\, SW\1/4\NE\1/
4\NE\1/4\NE\1/4\, SW\1/4\NE\1/4\SE\1/4\NE\1/4\NE\1/4\NE\1/4\, NW\1/
4\SE\1/4\NE\1/4\NE\1/4\NE\1/4\, S\1/2\SE\1/4\NE\1/4\NE\1/4\NE\1/4\,
and SE\1/4\NE\1/4\NE\1/4\.
The area described contains 18.59 acres, according to the
official plats of the surveys of the 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 parcel was previously analyzed in the Las Vegas Valley Disposal
Boundary Environmental Impact Statement and Record of Decision, issued
on December 23, 2004, and further evaluated in the Las Vegas In-Valley
Area Multi-Action Analysis Environmental Assessment (DOI-BLM-NV-S010-
2016-0054-EA), available at <a href="https://eplanning.blm.gov/eplanning-ui/project/60096/510">https://eplanning.blm.gov/eplanning-ui/project/60096/510</a>.
A parcel-specific Determination of National Environmental Policy
Act (NEPA) Adequacy (DOI-BLM-NV-S010-2025-0043-DNA) has been completed
in connection with this Notice of Realty Action. The parcel has been
reviewed and determined not to be required for any Federal purpose.
Under section 7(b) of the SNPLMA, the Secretary of the Interior--
acting in consultation with the Secretary of HUD--may authorize the
conveyance of BLM-administered public lands in the State of Nevada for
affordable housing purposes at less than fair market value.
Pursuant to IM NV-2025-007, Fiscal Year 2025 Price for Affordable
Housing Land Disposals and Incorporation of the Memorandum of
Understanding for Affordable Housing, the BLM has established a nominal
disposal price of $100 per acre for eligible affordable housing land
nominations in Nevada during fiscal year 2025 (October 1, 2024, through
September 30, 2025). This reduced, non-market-based rate reflects
Federal policy to lower land acquisition costs to the minimum
practicable level to support affordable housing development. The total
sale price for the 18.59-acre parcel is $1,859. Although the conveyance
will proceed at the established nominal rate, a formal appraisal will
be conducted to determine the parcel's fair market value in accordance
with Federal land disposal procedures.
The City of Henderson's nomination includes a comprehensive plan
assessing the need for and feasibility of the proposed West Henderson
Affordable Housing Apartments. As required under the SNPLMA section
7(b), HUD reviewed the nomination and, in a consultation letter dated
July 2, 2024, confirmed that the project will dedicate 100 percent of
the parcel to serve low- and very low-income families--defined as those
earning 60 percent or less of the AMI. HUD further affirmed that both
the project's location and intended use are consistent with section
7(b) of the SNPLMA and the Cranston-Gonzalez National Affordable
Housing Act.
In accordance with 43 CFR 2710.0-3(a)(2), the BLM has determined
that disposal of the subject parcel would
[[Page 14037]]
serve important public objectives, including the expansion of
communities and economic development, which cannot be achieved
prudently or feasibly on non-public lands, and which outweigh other
public objectives and values. Therefore, because the tract would be
sold to a local government, the BLM is offering the parcel by direct
sale to the City of Henderson pursuant to 43 CFR 2711.3-3(a). The
proposed use is further documented in the City's Disposition and
Development Agreement for the West Henderson Affordable Housing
Apartments.
Under SNPLMA section 4(c), lands located 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, subject to valid existing rights, 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
subject parcel will be segregated from all forms of appropriation under
the public land laws, including the mining laws, except for the sale
provisions of FLPMA. During the segregation period, the BLM will not
accept new land use applications affecting the parcel. However,
previously filed applications may still be processed if the BLM
determines they would have no adverse effect on the marketability of
title or the fair market value of the parcel. The segregative effect of
this notice will terminate upon issuance of a patent or other
conveyance document, or upon publication of a notice of termination in
the Federal Register, 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).
The subject public land will not be offered for sale to the City of
Henderson prior to 60 days from the date of publication of this notice
in the Federal Register. In addition, this Notice of Realty Action will
be published 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 Southern Nevada
Public Land Management Act of 1998, as amended, 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 City of Henderson Building Official or Building Division in
Henderson, Nevada.
3. Covenant and Restriction: The City of Henderson 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, the BLM in
consultation with HUD, and as conveyed by this sale patent, only for
affordable housing purposes. The City of Henderson 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 City of
Henderson 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 City of Henderson 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 City of Henderson 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 City of
Henderson 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 City of Henderson, 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 City of Henderson 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
[[Page 14038]]
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 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 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
under applicable law and any regulations prescribed by the Secretary of
the Interior, together with all necessary rights of access and egress.
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).
3. A reversionary interest, as defined in the covenants,
conditions, and restrictions referenced in this Notice.
In addition, title to the land will be subject to the following
valid existing rights and encumbrances of record:
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 Federal highway roads, ditches, and canals to
the Nevada Department of Transportation, its successors and assigns, by
right-of-way number NVCC-0019435, pursuant to the provisions of section
17 of the Act of November 9, 1921 (42 Stat. 212);
3. A right-of-way for oil and gas pipeline granted to Calnev
Pipeline Company, its successors and assigns, by right-of-way number
NEV-056213, pursuant to the Act of February 15, 1901 (43 U.S.C. 959);
4. A right-of-way for oil and gas pipeline granted to Calnev
Pipeline Company, its successors and assigns, by right-of-way number N-
007100 pursuant to section 28 of the Mineral Leasing Act of 1920, as
amended (30 U.S.C 185);
5. A right-of-way for Federal highway roads, ditches, and canals
granted to Nevada Department of Transportation, its successors and
assigns, by right-of-way number NEV-033732, pursuant to the provisions
of section 17 of the Act of November 9, 1921 (23 U.S.C. 18);
6. A right-of-way for fiber optic line granted to MCI
Communications Services, its successors and assigns, by right-of-way
number N-43923, pursuant to title V of the Act of October 21, 1976 (43
U.S.C. 1761);
7. A right-of-way for fiber optic cable granted to Sprint
Communication Company, its successors and assigns, by right-of-way
number NV-47888, pursuant to title V of the Act of October 21, 1976 (43
U.S.C. 1761);
8. A right-of-way for underground fiber optic line granted to AT&T,
its successors and assigns, by right-of-way number N-48572, pursuant to
title V of the Act of October 21, 1976 (43 U.S.C. 1761);
9. A right-of-way for 15kV underground powerline granted to Nevada
Power Company, its successors and assigns, by right-of-way number N-
50538, pursuant to title V of the Act of October 21, 1976 (43 U.S.C.
1761);
10. A right-of-way for telephone distribution line granted to
Sprint Central Telephone, its successors and assigns, by right-of-way
number N-63157, pursuant to title V of the Act of October 21, 1976 (43
U.S.C. 1761);
11. A right-of-way for public roadway granted to Clark County
Nevada, its successors and assigns, by right-of-way number N-76066,
pursuant to title V of the Act of October 21, 1976 (43 U.S.C. 1761);
12. A right-of-way for underground water pipeline granted to Las
Vegas Valley Water District, its successors and assigns, by right-of-
way number N-78907, pursuant to title V of the Act of October 21, 1976
(43 U.S.C. 1761);
13. A right-of-way for temporary use granted to Las Vegas Valley
Water District, its successors and assigns, by right-of-way number N-
7890702, pursuant to title V of the Act of October 21, 1976 (43 U.S.C.
1761);
14. A right-of-way for temporary use granted to Las Vegas Valley
Water District, its successors and assigns, by right-of-way number N-
7890703, pursuant to title V of the Act of October 21, 1976 (43 U.S.C.
1761);
15. A right-of-way for paved roadway, drainage, trails, utilities,
and related appurtenances granted to City of Henderson, its successors
and assigns, by right-of-way number N-100527, pursuant to title V of
the Act of October 21, 1976 (43 U.S.C. 1761);
16. A right-of-way for distribution line granted to NV Power
Company, its successors and assigns, by right-of-way number
NVNV106392735, pursuant to title V of the Act of October 21, 1976 (43
U.S.C. 1761);
17. A right-of-way for power transmission line granted to NV Power
Company, its successors and assigns, by right-of-way number
NVNV106695252, pursuant to title V of the Act of October 21, 1976 (43
U.S.C. 1761);
18. A right-of-way for temporary use granted to Ovation Design &
Development Inc., its successors and assigns, by right-of-way number
NVNV106715338, pursuant to title V of the Act of October 21, 1976 (43
U.S.C. 1761).
The parcel is subject to limitations prescribed by law and
regulation, and certain encumbrances in favor of third parties.
The City of Henderson will have until 4 p.m. Pacific Time, 30
calendar days from the date of receiving the official sale offer, to
submit a formal written offer to purchase the parcel. If the City of
Henderson elects to proceed, the full purchase price must be received
by the BLM Las Vegas Field Office no later than 30 calendar days from
the date of the City of Henerson's receipt of the sale offer,
regardless of when the formal offer is submitted. Payment must be made
in U.S. dollars and submitted by certified check, postal money order,
bank draft, cashier's check, or electronic funds transfer (EFT),
payable to the ``Department of the Interior--Bureau of Land
Management.'' If paying by EFT, arrangements must be made with the BLM
at least 14 calendar days prior to the payment deadline to ensure
processing. Failure to submit a timely offer or full payment by the
stated deadline will result in the sale being voided, and any funds
received will be forfeited to the United States.
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
[[Page 14039]]
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 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 Sillitoe,
Field Manager, Las Vegas Field Office.
[FR Doc. 2026-05669 Filed 3-23-26; 8:45 am]
BILLING CODE 4331-21-P
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</html>Indexed from Federal Register on March 24, 2026.
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.