[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Notices]
[Pages 57124-57127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22719]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLNVS00560.L58530000. EU0000.241A00; N-92955; 13-08807; MO# 
4500068474 TAS: 14X5232]


Notice of Realty Action: Direct Sale of Public Land (N-92955) for 
Affordable Housing Purposes in Las Vegas, 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 5-acre 
public land parcel located in the southern portion of the Las Vegas 
Valley in Clark County, Nevada, under the authority of Section 203 of 
the Federal Land Policy and Management Act of 1976 (FLPMA), as amended, 
the BLM land sale conveyance 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 to the Nevada Housing 
Division, a division of the State of Nevada, Department of Business and 
Industry, at less than the parcel's appraised fair market value (FMV) 
consistent with SNPLMA and applicable BLM policy.

DATES: Comments regarding the proposed sale must be received by the BLM 
on or before November 10, 2014. The sale would not be held prior to 
November 24, 2014.

ADDRESSES: Written comments concerning the proposed sale are to be sent 
to the BLM Las Vegas Field Office, Assistant Field Manager, Division of 
Lands, 4701 N. Torrey Pines Drive, Las Vegas, NV 89130.

FOR FURTHER INFORMATION CONTACT: Michelle Leiber at 702-515-5168, or 
email at [email protected]. For information on the SNPLMA Section 7(b) 
affordable housing land sale program go to: http://www.blm.gov/nv/st/en/snplma/affordable_housing.html. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339 to contact the above 
individual during normal business hours. The FIRS is available 24 hours 
a day, 7 days a week, to leave a message or question with the above 
individual. You will receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION: The Nevada Housing Division submitted a sale 
nomination application to the BLM for the proposed affordable housing 
project called Agate Avenue Senior

[[Page 57125]]

Apartments, Phase II (Agate Phase II Project). In response, the BLM 
proposes to sell a 5-acre parcel of public land located in the southern 
portion of the Las Vegas Valley in Clark County, Nevada, further 
described as:

Mount Diablo Meridian, Nevada

T. 22 S., R. 61 E.,
    Sec. 20, lot 26.
    The area described contains 5 acres.

    The parcel is identified as Clark County Assessor Parcel Number 
177-20-601-011. A map delineating the parcel proposed for sale to the 
Nevada Housing Division is available for public review at the BLM Las 
Vegas Field Office or at the Web site http://www.blm.gov/nv/st/en/snplma/affordable_housing.html.
    The parcel is located south of the intersection of Agate Avenue and 
Kimo Street within the Las Vegas Boulevard and Interstate 15 corridor 
south of Blue Diamond Road. The northern, southern, and western 
boundaries of the parcel abut developed residential and commercial 
properties and the eastern boundary abuts property that is under 
development for residential purposes. Access is provided by Agate 
Avenue located along the northern boundary of the parcel.
    The parcel would be sold using the BLM's direct sale procedures (43 
CFR 2711.3-3), and under such terms, covenants, or conditions as 
determined necessary by the BLM authorized officer pursuant to SNPLMA 
Section 7(b), and the Nevada Guidance Policy and Procedures for 
Affordable Housing Disposals (Nevada Guidance), approved on August 8, 
2006.
    Under SNPLMA Section 7(b), the BLM, in consultation with the 
Department of Housing and Urban Development (HUD), may make BLM-managed 
public lands available for affordable housing purposes in the State of 
Nevada at less than the appraised FMV. The amount administratively 
discounted from the FMV is set forth in the Nevada Guidance. For 
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, 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, or as otherwise adjusted by statute. The State of 
Nevada's proposed 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. The Agate Phase II 
Project will also give preference to qualifying Veteran households for 
at least 10 percent of the units.
    The appraised FMV for the 5-acre parcel is $1,800,000. Under the 
Nevada Guidance, and after consultation with HUD, the BLM authorized 
officer has determined that discount percentages for the respective 
median income category would be administratively applied to the 
appraised FMV for the parcel to establish the price of the public land 
to be sold under these provisions. The FMV for this property would be 
discounted 95 percent resulting in a federally-approved sale price of 
$90,000 for this transaction, so long as the property is used for 
affordable housing purposes consistent with the covenants, terms and 
conditions described in the patent.
    Consistent with the Nevada Guidance, the preferred method of sale 
is direct sale. Such method is appropriate when ``a tract is identified 
for transfer to State or local government . . .'' (43 CFR 2711.3-3(1)), 
which is the case for sales authorized under SNPLMA Section 7(b). The 
direct sale method is also supported 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'' (43 CFR 2711.3-3(2)), which is also the case 
here.
    The Clark County, North Las Vegas, Boulder City, and Mesquite 2010-
2014 HUD Consolidated Plan identified both rental housing serving low-
income and extremely low-income households and housing for persons with 
special needs, including the elderly and frail elderly, as its top two 
priorities. The project being considered under this notice addressed 
those priorities. The consolidated plan identifies a significant 
housing need for elderly persons including those with special needs and 
physically disabled in southern Nevada. Since the SNPLMA was passed in 
1998, the State of Nevada has invested considerable time and 
substantial resources in finding eligible properties for affordable 
housing projects. Consistent with the SNPLMA joint selection process, 
the Nevada Housing Division consulted with the BLM and Clark County 
concerning selection of this parcel for disposal for affordable housing 
purposes. According to the consolidated plan, the need for affordable 
housing is an issue of public importance and this tract of land would 
provide a key piece of a project meant to address that need.
    The Nevada Housing Division's application includes a comprehensive 
plan for assessment and evaluation of the need for and the feasibility 
of this affordable housing project. As required by SNPLMA Section 7(b), 
HUD reviewed the Agate Phase II Project and provided the BLM its 
approval recommendation dated May 30, 2014. The HUD's recommendation 
confirmed that the Agate Phase II Project as proposed 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. The HUD further confirmed that the Agate Phase II Project 
location and need are consistent with Section 7(b) of SNPLMA, the 
Cranston-Gonzales Act, and the 2010-2014 Clark County Consolidated 
Plan. The HUD conditioned its approval recommendation on two continuing 
requirements: (1) The Nevada Housing Division and Clark County, as 
appropriate, are to report the proposed Agate Phase II Project, 
including public and private funding sources, in HUD required documents 
and plans; and (2) Submittal by the Nevada Housing Division of the 
final disposition and development agreement (DDA) and final site plan 
to the BLM for review and concurrence in consultation with HUD. A DDA 
will be executed between the Nevada Housing Division and its co-
developers, Ovation Development Corporation, and Accessible Space, 
Inc., to ensure that the terms and conditions for development of the 
project are consistent with the previously submitted comprehensive plan 
and other applicable regulations and procedures.
    The parcel is within the disposal boundary identified by the U.S. 
Congress in the SNPLMA, and is in conformance with the BLM Las Vegas 
Resource Management Plan and decision LD-1, approved by Record of 
Decision on October 5, 1998. The parcel was also analyzed in the Las 
Vegas Valley Disposal Boundary Final Environmental Impact Statement and 
approved by Record of Decision on December 23, 2004. The BLM has 
completed a site-specific Determination of National Environmental 
Policy Act Adequacy (DNA) document number DOI-BLM-NV-S010-2014-0081-DNA 
for the sale. The parcel is not required for any Federal purpose. 
Consistent with 43 CFR 2711.3-1(d), a deposit of not less than 20 
percent of the federally-approved sale price, as discounted consistent 
with the Nevada Guidance, must be submitted on or before 30 days

[[Page 57126]]

from the sale offer, by 12:00 p.m. Pacific Time at the BLM Las Vegas 
Field Office. Payment(s) will reference BLM serial number N-92955, and 
must be made in the form of certified check, postal money order, bank 
draft, cashier's check, or any combination thereof, made payable in 
U.S. dollars to the order of the Department of the Interior, Bureau of 
Land Management (or DOI, BLM).
    Failure to submit the deposit will result in forfeiture of the sale 
offer. The remainder of the sale price must be paid within 180 days 
following the date of the sale offer. Failure to pay the full price 
within the 180 days will disqualify the sale offer and cause the entire 
20 percent deposit to be forfeited to the BLM, 43 CFR 2711.3-1(d) and 
2711.3-3(d). No exceptions will be made. The BLM cannot accept the full 
sale price at any time following the expiration of the 180th day after 
the sale offer. Payment may be provided electronically through escrow 
by Electronic Fund Transfer (EFT), or in the form of a certified check, 
postal money order, bank draft, cashier's check, or any combination 
thereof, made payable in U.S. dollars to the order of the DOI, BLM. 
Arrangements for EFT through escrow to the BLM shall be made a minimum 
of 14 days prior to the date of payment. The patent would be issued 
following receipt of final payment, as appropriate.
    If patented, the patent will include the following numbered terms, 
covenants, and conditions:
    1. Affordable Housing: Pursuant to Section 7(b) of the SNPLMA, the 
term ``affordable housing'' as used in the 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. Affordable Housing Purpose: For purposes of this proposed sale 
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 sale 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 the SNPLMA.
    4. Project: For purposes of this patent, the term ``Project'' means 
the construction and resulting dwelling structures and other 
improvements on these lands conveyed under Section 7(b) of the 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: The Nevada Housing Division 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 sale 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 governmental authority (i.e., Clark County). The 
Nevada Housing Division 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 the Nevada Housing 
Division and its co-developers that has received concurrence by the BLM 
in consultation with the HUD. As in this 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. This affordable housing and DDA covenant 
will be deemed appurtenant to and to run with the land.
    6. Time Limit: Reversion and Fair Market Value: If, at the end of 5 
years from the date of the sale patent, the Agate Phase II Project is 
not under construction in accordance with the DDA and the final site 
plan approved by the BLM in consultation with the 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 FMV.
    7. Use Restriction: Reversion and Fair Market Value: All land 
conveyed by the sale patent will be used only for affordable housing 
purposes as approved by the BLM in consultation with the HUD during the 
period of affordability. If at any time during the period of 
affordability any portion of the land conveyed by the sale patent is 
used for any purpose other than affordable housing purposes by the 
Nevada Housing Division, 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 FMV, 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 these two Federal 
agencies at the time of enforcement, after reasonable notice including 
an opportunity to cure any default (90 days) to the Nevada Housing 
Division 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: The Nevada Housing Division, upon 
issuance and acceptance of the sale patent, will simultaneously 
transfer by deed the land conveyed by this sale patent to its 
successor-in-interest, as reviewed and approved by the BLM in 
consultation with HUD.
    10. Indemnification and Hold Harmless: By accepting this patent, 
the Nevada Housing Division, 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 simultaneous 
transfer as described above, successors-in-interests to the Nevada 
Housing Division 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,

[[Page 57127]]

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 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.
    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 (CERCLA), as 
amended (42 U.S.C. 9620(h)).
    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 
(26 Stat. 391, 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 [of record], 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 (Agate Avenue) purposes 
reserved to Clark County, its successors and assigns, by right-of-way 
number N-59284, 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 sanitary sewer pipeline purposes reserved to 
the Clark County Water Reclamation District, its successors and 
assigns, by right-of-way number N-61105, pursuant to Title V of the Act 
of October 21, 1976 (90 Stat. 2776; 43 U.S.C. 1761); and
    4. A right-of-way for water line purposes reserved to the Las Vegas 
Valley Water District, its successors and assigns, by right-of-way 
number N-61409, pursuant to Title V of the Act of October 21, 1976 (90 
Stat. 2776; 43 U.S.C. 1761).
    Pursuant to Section 4(c) of the SNPLMA, subject to valid existing 
rights, the subject land is withdrawn from location and entry under the 
mining laws and from operation under the mineral and geothermal leasing 
laws until Secretarial termination of the withdrawal or patenting of 
the land. Such withdrawal is documented under case file number N-66364, 
effective as of October 19, 1998. In addition, by operation of 
regulation 43 CFR 2711.1-2(d), through publication of this notice, the 
lands are segregated and not subject to appropriation under the public 
land laws, including the mining laws. Through either the withdrawal or 
the segregation, any subsequent application for an appropriative use 
will not be accepted, will not be considered as filed, and will be 
returned to the applicant.
    Documents concerning the sale, appraisal, reservations, procedures, 
and conditions, and other environmental review are available for review 
at the BLM Las Vegas Field Office at the address in the ADDRESSES 
section. If you wish to submit a written comment concerning the sale, 
before including personal identifying information in your comment such 
as your address, phone number, email address, etc., you should be aware 
that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so. The BLM Las Vegas Field Manager 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 in the DATES section.
    Any adverse comments regarding the proposed sale will be reviewed 
by the BLM Nevada State Director, or other authorized official of the 
Department of the Interior, who may sustain, vacate, or modify this 
realty action. 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.

Vanessa L. Hice,
Assistant Field Manager, Las Vegas Field Office.
[FR Doc. 2014-22719 Filed 9-23-14; 8:45 am]
BILLING CODE 4310-HC-P