Fiscal Year 2024 Price for Affordable Housing Land Disposals and Incorporation of the Memorandum of Understanding for Affordable Housing

NV-IM-2024-005
Instruction Memorandum

U.S. Department of Interior Bureau of Land Management
1340 Financial Boulevard
Reno, NV 89502
United States

In Reply Refer To:

2710 (NV930) P

Expires:09/30/2024
To:District Managers, Field Managers, Lands and Realty Staff
From:State Director, Nevada
Subject:Fiscal Year 2024 Price for Affordable Housing Land Disposals and Incorporation of the Memorandum of Understanding for Affordable Housing
Program Area:Southern Nevada Public Land Management Act of 1998 (Public Law 105-263) (SNPLMA)
Purpose:

This Instruction Memorandum (IM) establishes the price that will be charged for affordable housing disposals processed in Fiscal Year (FY) 2024 and provides instructions for incorporating the Memorandum of Understanding (MOU) for affordable housing pursuant to SNPLMA Section 7(b).

Administrative or Mission Related:

Mission related

Policy/Action:

BLM Nevada District Offices will process nominations from state or local government entities for affordable housing disposals received in FY 2024 using the less than fair market value (FMV) of $100.00 per acre. This non-market-based price is reflective of the need to reduce the overall price of public land for affordable housing projects to the lowest amount practicable. The per-acre price for affordable housing disposals processed in FY 2024 is a continuation of the pricing structure established by IM NV-2022-025 for FY 2023 disposals.

The U.S. Department of the Interior, Bureau of Land Management (BLM), and the U.S. Department of Housing and Urban Development (HUD) entered into a MOU on July 13, 2023, titled “Policy and Procedures for Public Land Disposal for Affordable Housing Pursuant to the Southern Nevada Public Land Management Act (Section 7(b))” to implement the consultation provisions of SNPLMA Section 7(b). The MOU contains provisions which differ from the current “Procedures for Affordable Housing Disposals,” also known as the Nevada Guidance, released on September 29, 2022, in Instruction Memorandum (IM) NV-2022-025. Effective immediately, BLM Nevada District Offices will incorporate the provisions of the MOU, in consultation with the Nevada State Office, when processing nominations for affordable housing land disposals.

Timeframe:

This policy is effective immediately.

Budget Impact:

None.

Background:

The Nevada State Office, in consultation with the Regional Solicitor, has determined that SNPLMA Section 7(b) does not require a market value appraisal be completed to dispose of public land for less than FMV for affordable housing purposes. The objective of SNPLMA Section 7(b) is to make public lands available to eligible entities when the need for affordable housing exists. Disposing of public land for prices that are based on market conditions exacerbates the affordable housing issue; therefore, the sale price should be reflective ;of the need to reduce the financial burden on state and local government entities who are working to address affordable housing shortfalls within their jurisdictions. To the extent practicable, the sale price for affordable housing disposals will be kept to the lowest level sustainable by the SNPLMA program, dependent on budgetary conditions. The price for affordable housing disposals will be evaluated annually and revised based on funding conditions.

In addition, the BLM and HUD entered into a MOU on July 13, 2023, that detailed the roles and responsibilities of both agencies while processing nominations for affordable housing disposals pursuant to SNPLMA Section 7(b). The MOU was entered into after the Nevada Guidance revision was released to the Nevada district offices by the Nevada State Office in September 2022 and contains some provisions which differ from the processes described in the revised Nevada Guidance. These differences must be incorporated by district offices, in consultation with the Nevada State Office, when processing affordable housing disposal nominations. The Nevada State Office intends to update the Nevada Guidance in the future to incorporate the ;provisions of the MOU and make other updates as needed.

Manual/Handbook Sections Affected:

None

Contact:

If you have questions or concerns regarding this IM, contact Alan Shepherd, Deputy State Director -Resources, Lands, and Planning, at (775) 861-6767.

Coordination:

This IM has been coordinated with the Nevada District Offices and the HQ-350 Lands Division.

Signed By:
Jon Raby
State Director
Authenticated By:
Leslie Borden
Executive Assistant