[Federal Register Volume 71, Number 238 (Tuesday, December 12, 2006)]
[Notices]
[Pages 74554-74556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21041]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NV-056-5853-EU; N-81870; 7-08807]


Notice of Realty Action: Non-Competitive Sale in the Las Vegas 
Valley, 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 5-acre 
parcel of public land in the southwest portion of the Las Vegas Valley, 
Nevada to Clark County for affordable housing purposes. BLM proposes 
that the parcel be sold by direct sale to Clark County at less than the 
appraised fair market value (FMV), pursuant to Section 7(b) of the 
Southern Nevada Public Land Management Act (Pub. L. 105-263, SNPLMA) 
and the Nevada Guidance on Policy and Procedures for Affordable Housing 
Disposals (Nevada Guidance) approved on August 8, 2006. BLM will sell 
the parcel under direct sale procedures in accordance with the 
applicable provisions of the Federal Land Policy and Management Act of 
1976, 43 U.S.C. 1701 et seq. (FLPMA), and the BLM land sale and mineral 
conveyance regulations at 43 CFR parts 2710 and 2720.

DATES: On or before January 26, 2007, interested parties may submit 
comments

[[Page 74555]]

concerning the proposed sale, including the environmental assessment 
(EA), to the BLM Field Manager, Las Vegas Field Office, at the address 
stated below.

ADDRESSES: Las Vegas Field Office, Bureau of Land Management, 4701 N. 
Torrey Pines Drive, Las Vegas, NV 89130.

FOR FURTHER INFORMATION CONTACT: Jacqueline Gratton, Acting Supervisory 
Realty Specialist, at (702) 515-5054.

SUPPLEMENTARY INFORMATION: Pursuant to a request by Clark County, 
Nevada, BLM proposes to sell a 5-acre parcel of public land located in 
the southwest portion of the Las Vegas Metropolitan Area and further 
described below. The parcel is bound on three sides by developed 
residential property. The fourth side is bound by a developed street. 
The subject parcel would be sold using the direct sale procedures, and 
under such terms, covenants, or conditions as determined necessary for 
affordable housing purposes by the BLM Authorized Officer in accordance 
with Section 7(b) of SNPLMA, and the Nevada Guidance. Pursuant to 
Section 7(b) of SNPLMA, BLM, in consultation with the Department of 
Housing and Urban Development (HUD), may make lands available for 
affordable housing purposes, in the State of Nevada at less than the 
appraised FMV. The amount discounted from FMV is calculated according 
to the Nevada Guidance.
    Under SNPLMA Section 7(b), housing is ``affordable housing'' if the 
housing serves low-income families as defined in Section 104 of the 
Cranston-Gonzales National Affordable Housing Act ([Cranston-Gonzales] 
42 U.S.C 12704). In the Cranston-Gonzales Act, the term ``low-income 
families'' means families whose incomes do not exceed 80 percent of the 
median income for the area as determined by HUD.
    The appraised FMV for the 5-acre parcel is $3,000,000. Under the 
Nevada Guidance, and after consultation with HUD, the BLM Authorized 
Officer has determined that the appropriate value for the property is 
$198,000.00, so long as the property is used for affordable housing 
purposes.
    Under the Nevada Guidance, the preferred method of sale under 
SNPLMA Section 7(b) is direct sales (as opposed to competitive or 
modified competitive sales). In addition, the direct sale method is 
supported by 43 CFR 2711.3-3(1), which authorizes direct sales when, 
``A tract is identified for transfer to State or local government,'' 
and 43 CFR 2711.3-3(2), which authorizes direct sales when, ``A tract 
is identified for sale that is an integral part of a project or public 
importance and speculative bidding would jeopardize a timely completion 
and economic viability of the project.'' Since SNPLMA was passed in 
1998, Clark County has invested considerable time and substantial 
resources in finding eligible projects for affordable housing purposes. 
This project under SNPLMA Section 7(b) is called the ``Harmon Pines 
Senior Apartments.'' If successfully sold, this project would begin to 
meet the tremendous demand for affordable housing recognized by the 
State of Nevada and the local governmental entities in the Las Vegas 
Valley. Clark County's submission of the sale nomination to the BLM and 
HUD includes a comprehensive plan for assessment and evaluation of the 
need for and feasibility of this project. HUD has recommended approval 
of this project in accordance with the SNPLMA, the Nevada Guidance, and 
HUD's Policy and Procedures for Affordable Housing Disposals Section 
4(C-H).
    Therefore, the following described land in Clark County, Nevada, is 
proposed to be sold to Clark County for affordable housing purposes 
under Section 7(b) of SNPLMA:

Land Proposed for Sale

Mount Diablo Meridian, Nevada

T. 21 S., R. 60 E.,
    Sec. 24, E\1/2\NW\1/4\SW\1/4\NW\1/4.\
Clark County Tax Parcel No. 163-24-201-005.

    The land described above contains 5.0 acres, more or less.

    This parcel is within the disposal boundary adopted by Congress in 
SNPLMA and is also in conformance with the BLM Las Vegas Resource 
Management Plan, approved on October 5, 1998.
    The land is not required for any Federal purpose. The sale will be 
made subject to the applicable provisions of FLPMA and the regulations 
of the Secretary of the Interior.
    The patent shall include the following numbered terms, covenants, 
and conditions:
    1. Pursuant to Section 7(b) of SNPLMA, the term ``affordable 
housing'' as used in this 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). For purposes of this Patent, 
the term ``affordable housing purpose'' means for the purpose of 
affordable housing projects, which commit 50 percent or more of living 
space to affordable housing and which are used for no purpose other 
than residential use.
    2. Clark County hereby covenants and binds all successors-in-
interests to use the land conveyed only for affordable housing purposes 
for a period of fifteen (15) years, which will commence upon the 
issuance of a certificate of occupancy or its equivalent by the HUD. 
This affordable housing covenant shall be deemed appurtenant to and to 
run with the ownership of the land conveyed. It shall be binding upon 
Clark County, its successors and assigns, during the time each owns the 
land.
    3. If, at the end of five (5) years from the date of the sale 
Patent, any land conveyed through this proposed sale is not being used 
for affordable housing purposes, at the option of the United States, 
those lands not so used shall 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.
    4. All land conveyed shall be used only for affordable housing 
purposes during the period of affordability. If at any time all or any 
portion of the land conveyed is used for any purpose other than 
affordable housing purposes by Clark County, or any successor-in-
interest, at the option of the United States, those lands not used for 
affordable housing purposes shall revert to the United States, or, in 
the alternative, the United States may at this time require payment by 
the owner 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.
    5. This use restriction and the reversionary interest may be 
enforced by the BLM or the HUD, or their successors-in-interest, as 
deemed appropriate by agreement of these two agencies at the time of 
enforcement.
    6. Clark County, upon issuance and acceptance of the Patent, shall 
simultaneously transfer by deed the land conveyed by the Patent to its 
successor-in-interest.
    When patented, title to the land will continue to be subject to the 
following numbered reservations to the United States:
    1. A right-of-way for ditches or canals constructed by the 
authority of the United States, Act of August 30, 1890 (26 Stat. 391, 
43 U.S.C. 945).
    2. All discretionary leasable and saleable mineral deposits in the 
land so patented, and to it, its permittees, licensees, and lessees, 
the right to prospect for, mine, and remove the minerals owned by the 
United States under applicable law and such

[[Page 74556]]

regulations as the Secretary of the Interior (Secretary) may prescribe, 
including all necessary access and exit rights.
    3. A reversionary interest as further defined in the above terms, 
covenants and conditions.
    When patented, title to the land will be subject to:
    1. Valid existing rights of record, including, but not limited to 
those documented on the BLM public land records at the time of sale, 
and,
    2. By accepting the patent, Clark County, subject to the 
limitations of law and to the extent allowed by law, shall 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. Successors-in-interests of the patented real property, except 
Clark County, shall indemnify, defend, and hold the United States and 
Clark County 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, excluding Clark County, or its employees, 
agents, contractors, or lessees, or any third-party, arising out of or 
in connection with the successor-in-interests, excluding Clark County, 
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-interests, excluding 
Clark County, 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 or Clark County; (3) Costs, 
expenses, or damages of any kind incurred by the United States or Clark 
County; (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 or Clark County; (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 shall be 
construed as running with the parcels of land patented or otherwise 
conveyed by the United States, and may be enforced against successors-
in-interest, excluding Clark County, by the United States or Clark 
County in a court of competent jurisdiction.
    No warranty of any kind, express or implied is given or will be 
given by the United States as to the title, physical condition 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 (CERCLA), as amended (42 U.S.C. 9620(h)).
    Publication of this notice in the Federal Register temporarily 
segregates the above described land from appropriation under the public 
land laws, including the mining laws. The segregation effect of this 
notice will terminate in the future as specified in 43 CFR 2711.1-
3(c)). The above described land was previously segregated from mineral 
entry under BLM case file number N-66364, with record notation as of 
October 19, 1998. This previous segregation will terminate upon 
publication of this notice in the Federal Register.
    Detailed information concerning the proposed sale, including an 
environmental studies and documents, approved appraisal report and 
supporting documents, is available for review at the BLM Las Vegas 
Field Office at the address above. Interested parties may submit 
written comments regarding the sale, including the EA, to the address 
above. No facsimiles, e-mails, or telephone calls will be considered as 
validly submitted comments. The Field Manager, BLM, Las Vegas Field 
Office, will review the comments of all interested parties concerning 
the sale. To be considered, comments must be received at the BLM Las 
Vegas Field Office on or before the date stated above in this notice 
for that purpose. Comments received during this process, including 
respondent's name, address, and other contact information will be 
available for public review. Individual respondents may request 
confidentiality. If you wish to request that BLM consider withholding 
your name, address, and other contact information from public review or 
disclosure under the Freedom of Information Act, you must state this 
prominently at the beginning of your comment. The BLM will honor 
requests for confidentiality on a case-by-case basis to the extent 
allowed by law. The BLM will make available for public review, in their 
entirety, all comments submitted by businesses or organizations, 
including comments by individuals in their capacity as an official or 
representative of a business or organization. Any adverse comments will 
be reviewed by the BLM, Nevada State Director who may sustain, vacate, 
or modify this realty action.
    In the absence of any adverse comments, the decision will become 
effective on February 12, 2007. The lands will not be offered for sale 
until after the decision becomes effective.

(Authority: 43 CFR 2711.1-2(a)).

    Dated: November 24, 2006.
Sharon DiPinto,
Assistant Field Manager, Division of Lands, Las Vegas, NV.
[FR Doc. E6-21041 Filed 12-11-06; 8:45 am]
BILLING CODE 4310-HC-P