[Congressional Record Volume 142, Number 119 (Wednesday, September 4, 1996)]
[House]
[Pages H9967-H9968]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 DEL NORTE COUNTY, CA, LAND CONVEYANCE

  Mr. DOOLITTLE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2709) to provide for the conveyance of certain land to the 
Del Norte County Unified School District of Del Norte County, CA, as 
amended.
  The Clerk read as follows:

                               H.R. 2709

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CONVEYANCE.

       As soon as practicable after the date of the enactment of 
     this Act, the Secretary of Agriculture shall convey to the 
     Del Norte County Unified School district of Del Norte County, 
     California, in accordance with this Act, all right, title, 
     and interest of the United States in and to the property 
     described in section 2.

     SEC. 2. PROPERTY DESCRIPTION.

       The property referred to in section 1 is that portion of 
     Township 17 North, Range 2 East, Humboldt Meridian in Del 
     Norte County, California, which is further described as 
     follows:
       Beginning at Angle Point No. 3 of Tract 41 as resurveyed by 
     the Bureau of Land Management under survey Group No. 1013, 
     approved August 13, 1990, and shown on the official plat 
     thereof;
       thence on the line between Angle Points No. 3 and No. 4 of 
     Tract 41, North 89 degrees, 24 minutes, 20 seconds East, a 
     distance of 345.44 feet to Angle Point No. 4 of Tract 41;
       thence on the line between Angle Points No. 4 and No. 5 of 
     Tract 41, South 00 degrees, 01 minutes, 20 seconds East, a 
     distance of 517.15 feet;
       thence West, a distance of 135.79 feet;
       thence North 88 degrees, 23 minutes, 01 seconds West, a 
     distance of 61.00 feet;
       thence North 39 degrees, 58 minutes, 18 seconds West, a 
     distance of 231.37 feet to the East line of Section 21, 
     Township 17 North, Range 2 East;
       thence along the East line of Section 21, North 00 degrees, 
     02 minutes, 20 seconds West, a distance of 334.53 feet to the 
     point of beginning.

     SEC. 3. CONSIDERATION.

       The conveyance provided for in section 1 shall be without 
     consideration except as required by this Act.

     SEC. 4. CONDITIONS OF CONVEYANCE.

       The conveyance provided for in section 1 shall be subject 
     to the following conditions:
       (1) Del Norte County shall be provided, for no 
     consideration, an easement for County Road No. 318 which 
     crosses the Northeast corner of the property conveyed.
       (2) The Pacific Power and Light Company shall be provided, 
     for no consideration, an

[[Page H9968]]

     easement for utility equipment as necessary to maintain the 
     level of service provided by the utility equipment on the 
     property as of the date of the conveyance.
       (3) The United States shall be provided, for no 
     consideration, an easement to provide access to the United 
     States property that is south of the property conveyed.

     SEC. 5. LIMITATIONS ON CONVEYANCE.

       The conveyance authorized by section 1 is subject to the 
     following limitations:
       (1) Encumbrances.--Such conveyance shall be subject to all 
     encumbrances on the land existing as of the date of enactment 
     of this Act.
       (2) Re-entry right.--The United States shall retain a right 
     of re-entry in the land described for conveyance in section 
     2. If the Secretary determines that the conveyed property is 
     not being used for public educational or related recreational 
     purposes, the United States shall have a right to re-enter 
     the property conveyed therein without consideration.

     SEC. 6. ADDITIONAL TERMS AND CONDITIONS.

       The conveyance provided for in section 1 shall be subject 
     to such additional terms and conditions as the Secretary of 
     Agriculture and the Del Norte County Unified School District 
     agree are necessary to protect the interests of the United 
     States.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California [Mr. Doolittle] and the gentleman from California [Mr. 
Miller] each will control 20 minutes.
  The Chair recognizes the gentleman from California [Mr. Doolittle].
  Mr. DOOLITTLE. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. DOOLITTLE asked and was given permission to revise and extend 
his remarks.)
  Mr. DOOLITTLE. Mr. Speaker, I rise in support of H.R. 2709, 
introduced by Mr. Riggs of California, to transfer ownership of 4.32 
acres of national forest land in California to the Del Norte County 
Unified School District for the Gasquet Mountain School. The school 
district has leased the land from the Six Rivers National Forest for 
$900 per year for a school since 1961. While technically part of the 
Six Rivers National Forest, the parcel is actually in a town setting 
and would otherwise be unused by the Forest Service.
  Because the school district does not own title to the land, it has 
been unable to qualify for funding to upgrade or add to the school. 
There is no indoor facility for children in inclement weather. The 
transfer would enable the school to build a multipurpose room for use 
as a cafeteria, gymnasium, and meeting room.
  The bill was amended in the Subcommittee on National Parks, Forests, 
and Lands to clarify the reservations to the Federal Government, and 
then, at the administration's request, it was amended by the Committee 
on Resources to further clarify those reservations. As a result, H.R. 
2709 ensures the Federal Government a right of reentry in the event the 
land is no longer used for public educational or recreational purposes.
  This commonsense legislation is needed so that a small rural 
community in northwest California can provide much-needed facilities 
for its students. I urge the Members of the House to join me in 
supporting H.R. 2709 for the school children of Del Norte County.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MILLER of California. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, we have no objections to this measure. It was amended by 
the Committee on Natural Resources to address several issues related to 
the transfer.
  Mr. Speaker, H.R. 2709 would convey 4.2 acres of land in the Six 
Rivers National Forest to the Del Norte County School District for no 
consideration, subject to certain terms and conditions.
  We have no objection to the measure. H.R. 2709 was amended by the 
Resources Committee to address several issues related to the transfer. 
As the bill stands now, it will provide necessary lands for a local 
school, while retaining for the Federal Government terms and conditions 
that protect the public interest.
  Mr. RIGGS. Mr. Speaker, I rise in support of H.R. 2709, which I 
introduced last December. I thank Chairman Hansen and the other 
bipartisan leadership of the Resources Committee for their attention to 
this bill.
  Briefly, H.R. 2709 would convey to the Del Norte County Unified 
School District, Del Norte County, CA, 4.32 acres of Forest Service 
land on which the Gasquet Mountain School now sits.
  The bill provides that as soon as practicable after enactment, the 
Secretary of Agriculture shall convey to the Del Norte County Unified 
School District land, which is described by metes and bounds, on which 
the Gasquet Mountain School has been located since 1961. Since that 
time, the school district has paid approximately $900 per year for the 
lease of the land from the Forest Service. The land would otherwise be 
unused.
  Gasquet, CA is a small rural community located in the middle of U.S. 
Forest Service and National Park lands. It is over 20 miles from the 
nearest community facility available for social or recreational 
purposes.
  Because the school district does not own title to the land, it has 
been unable to qualify for funding to enhance, expand, and otherwise 
improve the educational and recreational opportunities for local 
children. There is now no indoor facility where children can play 
during Del Norte County's long, wet, and sometimes snowy, winters. If 
the transfer is approved, the school could build a multipurpose room. 
It could also be used as a cafeteria, gymnasium, and meeting room.
  While the land is technically part of Six Rivers National Forest, it 
is isolated from the main body of the forest within the town of 
Gasquet. Because of this, and its long history of use as a school, the 
conveyance would be without consideration. However, the bill requires 
that the school district must continue to use the property for public 
educational or recreational purposes. Furthermore, the school district 
must provide continued access as necessary to the United States--to 
reach adjoining property--to Del Norte County--for a road--and to the 
local power company.
  Previous attempts by the school district to exchange other land for 
the parcel have been unsuccessful. An official of the Forest Service 
has described the site as ``a parcel of public land sitting within a 
town site [that's] almost impossible to manage as a piece of national 
forest.'' In a July 31, 1995, letter regarding a no-cost conveyance, 
the Department of Agriculture Forest Supervisor stated:

       Our Forest would have no objection to this method of 
     conveying the site to the School District due to its close 
     proximity to the town of Gasquet, long range need, location 
     outside the [Smith River National Recreation Area], overall 
     development of the site, and the difficulty of the Forest 
     Service to manage the site for other National Forest 
     purposes.

  Besides the Forest Service, the Gasquet Community Council, Del Norte 
County Unified School District, and the Del Norte County Board of 
Supervisors all support the transfer proposed by H.R. 2709.
  I urge my colleagues to pass this legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. DOOLITTLE. Mr. Speaker, I yield back the balance of my time, and 
I urge passage of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California [Mr. Doolittle] that the House suspend the 
rules and pass the bill, H.R. 2709, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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