1.This Act may be cited as the
Nevada National Forest Land Disposal
Act of 2005
.
2.
(a)Congress
finds the following:
(1)The United States
owns, and the Forest Service administers, land in small and large parcels in
Carson City and Douglas County, Nevada.
(2)Much of this
Federal land is interspersed with or adjacent to private land, which renders
the Federal land difficult, inefficient, and expensive for the Forest Service
to manage and more appropriate for disposal.
(3)In order to
promote responsible and orderly development in Carson City and Douglas County,
Nevada, appropriate parcels of the Federal land should be sold by the Federal
Government based on recommendations made by units of local government and the
public.
(b)The
purpose of this Act is to provide for the sale of certain parcels of Federal
land in Carson City and Douglas County, Nevada.
3.Disposal of
National Forest System lands, carson city and douglas county, Nevada
(a)The Secretary of Agriculture (in this section referred
to as the Secretary
shall sell any right, title, or interest of
the United States in and to the following parcels of National Forest System
lands in Carson City or Douglas County, Nevada:
(1)The parcel of
land referred to as the Carson Parcel
, consisting of
approximately 3 acres, and more particularly described as being a portion of
the southeast quarter, section 31, township 15 north, range 20 east, Mount
Diablo Base and Meridian.
(2)The parcel of
land referred to as the Jacks Valley/Highway 395 Parcel
,
consisting of approximately 28 acres, and more particularly described as being
a portion of the southeast quarter, section 6, township 14 north, range 20
east, Mount Diablo Base and Meridian.
(3)The parcel of
land referred to as the Indian Hills Parcel
, consisting of
approximately 75 acres, and more particularly described as being a portion of
the southwest quarter, section 18, township 14 north, range 20 east, Mount
Diablo Base and Meridian.
(4)The parcel of
land referred to as the Mountain House Area Parcel
, consisting
of approximately 40 acres, and more particularly described as being a portion
of the northwest quarter northeast quarter, section 12, township 10 north,
range 21 east, Mount Diablo Base and Meridian.
(5)The parcel of
land referred to as the Holbrook Junction Area Parcel
,
consisting of approximately 80 acres, and more particularly described as being
a portion of the west half of the southwest quarter, section 7, township 10
north, range 22 east, Mount Diablo Base and Meridian.
(6)The two parcels
of land referred to as the Topaz Lake Parcels
, consisting of
approximately 5 acres (approximately 2.5 acres per parcel), and more
particularly described as being portions of the northwest quarter, section 29,
township 10 north, range 22 east, Mount Diablo Base and Meridian.
(b)Modification of
descriptionsThe Secretary may—
(1)correct
typographical or clerical errors in the descriptions of land specified in
subsection (a); and
(2)for the purposes
of soliciting offers for the sale of such land, modify the descriptions based
on—
(A)a survey;
or
(B)a determination
by the Secretary that the modification is in the best interest of the
public.
(c)
(1)The
Secretary shall coordinate the sale of land under this section with the unit of
local government in which the land is located.
(2)The sale of land under this section shall be subject to
all valid existing rights, such as rights-of-way, in effect as of the date of
the sale.
(3)The sale of land under this section shall be in accordance
with local land use planning and zoning laws and regulations.
(4)The Secretary shall solicit offers for the sale of land
under this section, subject to any terms or conditions that the Secretary may
prescribe. The Secretary may reject any offer made under this section if the
Secretary determines that the offer is not adequate or not in the public
interest.
(5)The Secretary may sell the land described in subsection (a)
at public auction.
(d)
(1)Of the gross proceeds from any sale of land under this
section, the Secretary shall—
(A)pay five percent
to the State of Nevada for use for the general education program of the
State;
(B)pay five percent
to the Carson Water Subconservancy District in the State;
(C)deposit 25
percent in the fund established under
Public Law
90–171 (commonly known as the Sisk Act
;
16 U.S.C.
484a); and
(D)retain and use,
without further appropriation, the remaining funds for the purpose of expanding
the Minden Interagency Dispatch Center in Minden, Nevada, as provided in
paragraph (3).
(2)The amounts deposited under paragraph (1)(C) shall be
available to the Secretary until expended, without further appropriation, for
the following purposes:
(A)Reimbursement of
costs incurred by the local offices of the Forest Service in carrying out land
sales under this section, not to exceed 10 percent of the total proceeds of the
land sales.
(B)The development
and maintenance of parks, trails, and natural areas in Carson City or Douglas
County, Nevada, in accordance with a cooperative agreement entered into with
the unit of local government in which the park, trail, or natural area is
located.
(3)Minden
Interagency Dispatch CenterThe Minden Interagency Dispatch
Center is located on land made available by the State of Nevada in Minden,
Nevada, and will serve as a joint facility for the Forest Service and the
Nevada Division of Forestry for the purpose of fighting wildland fires. The
expansion of the center shall include living quarters and office space for the
Blackmountain Hotshot Crew, a guard station for housing engines and patrol
vehicles, an air traffic control tower, a training facility, and a
warehouse.
(4)None
of the amounts made available to the Carson Water Subconservancy District under
paragraph (1)(B) shall be used to pay the costs of litigation.
(e)Relation to
other property management lawsThe land described in subsection
(a) shall not be subject to chapter 5 of title 40, United States Code, as
codified by Public Law 107–217 (116 Stat.
1062).
(f)Subject
to valid existing rights, all Federal land described in subsection (a) is
withdrawn from location, entry, and patent under the public land laws, mining
laws, and mineral leasing laws, including geothermal leasing laws.
(g)Revocation of
public land orders
(1)To facilitate the sale of parcels of land described in
subsection (a), the Secretary shall revoke any public land orders in existence
on the date of the enactment of this Act that withdraw the parcels from all
forms of appropriation under the public land laws, to the extent that the
orders apply to land described in such subsection (a).
(2)A revocation under paragraph (1) shall be effective on the
date on which the instrument conveying the parcels of land subject to the
public land order is executed.
(h)The
Secretary shall submit to the Committee on Agriculture and the Committee on
Resources of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate an annual report on all land sales made
under this section.