[Congressional Record Volume 146, Number 125 (Tuesday, October 10, 2000)]
[House]
[Pages H9616-H9618]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    LAKE TAHOE BASIN LAND CONVEYANCE

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4656) to authorize the Forest Service to convey certain 
lands in the Lake Tahoe Basin to the Washoe County School District for 
use as an elementary school site.
  The Clerk read as follows:

                               H.R. 4656

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

     SECTION 1. CONVEYANCE OF CERTAIN FOREST SERVICE LAND IN THE 
                   LAKE TAHOE BASIN.

       (a) Conveyance.--Upon application, the Secretary of 
     Agriculture, acting through the Chief of the Forest Service, 
     may convey to the Washoe County School District all right, 
     title, and interest of the United States in the property 
     described as a portion of the Northwest quarter of Section 
     15, Township 16 North, Range 18 East, M.D.B. & M., more 
     particularly described as Parcel 1 of Parcel Map No. 426 for 
     Boise Cascade, filed in the office of the Washoe County 
     Recorder, State of Nevada, on May 19, 1977, as file No. 
     465601, Official Records.
       (b) Review of Application.--When the Secretary receives an 
     application to convey the property under subsection (a), the 
     Secretary shall make a final determination whether or not to 
     convey such property before the end of the 180-day period 
     beginning on the date of the receipt of the application.
       (c) Use; Reversion.--The conveyance of the property under 
     subsection (a) shall be for the sole purpose of the 
     construction of an elementary school on the property. The 
     property conveyed shall revert to the United States if the 
     property is used for a purpose other than as an elementary 
     school site.
       (d) Consideration Based on Requirement To Use for Limited 
     Public Purposes.--The Secretary shall determine the amount of 
     any consideration required for the conveyance of property 
     under this section based on the fair market value of the 
     property when it is subject to the restriction on use under 
     subsection (c).
       (e) Proceeds.--The proceeds from the conveyance of the 
     property under subsection (a) shall be available to the 
     Secretary without further appropriation and shall remain 
     available until expended for the purpose of acquiring 
     environmentally sensitive land in the Lake Tahoe Basin 
     pursuant to section 3 of the Act entitled ``An Act to provide 
     for the orderly disposal of certain Federal lands in Nevada 
     and for the acquisition of certain other lands in the Lake 
     Tahoe Basin, and for other purposes'', approved December 23, 
     1980 (94 Stat. 3381; commonly known as the ``Santini-Burton 
     Act'').
       (f) Applicable Law.--Except as otherwise provided in this 
     section, any sale of National Forest System land under this 
     section shall be subject to the laws (including regulations) 
     applicable to the conveyance of National Forest System lands.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Hansen) and the gentleman from American Samoa (Mr. 
Faleomavaega) each will control 20 minutes.

[[Page H9617]]

  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 4656 was introduced by my colleague, the gentleman 
from Nevada (Mr. Gibbons). This legislation would convey a little over 
8 small acres of Forest Service land to the Washoe County School 
District in Nevada located in the Lake Tahoe Basin for fair market 
value.
  This bill passed full committee by voice vote on September 13 of this 
year. I would urge all Members to support passage of this excellent 
piece of legislation today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. FALEOMAVAEGA asked and was given permission to revise and extend 
his remarks.)
  Mr. FALEOMAVAEGA. Mr. Speaker, I certainly want to thank my good 
friend, the gentleman from Utah (Mr. Hansen), chairman of our 
Subcommittee on National Parks and Public Lands, and the chief sponsor 
of this legislation, the gentleman from Nevada (Mr. Gibbons).
  However, this evening, Mr. Speaker, with tremendous reluctance and 
despite my respect for my good friend from Nevada, I have to rise in 
opposition to H.R. 4656.
  This bill authorizes the Forest Service to convey for fair market 
value an approximately 8.7 acre parcel on the Tahoe National Forest in 
Washoe County School District for use as an elementary school site.
  Although the parcel is valued between $2 million and $4 million, a 
deed restriction directing use as a school site and a reversionary 
clause reduces the value considerably.
  The administration testified that the appraisal value would be 
reduced by approximately 75 percent. The parcel to be conveyed was 
originally acquired by the Forest Service in 1981 as an environmentally 
sensitive property under the Santini-Burton Act for approximately 
$500,000. This land, as other land around Lake Tahoe, has appreciated 
considerably in the last 20 years. Sound fiscal policy dictates that 
the public should receive full value for its public assets.
  In this case, getting fair compensation is particularly critical 
because the taxpayers purchased the land under a Federal program to buy 
environmentally sensitive land around Lake Tahoe and because the 
proceeds of the sale would be used to purchase additional 
environmentally sensitive land in the Lake Tahoe area.
  Hence to offset the fiscal and environmental loss of this sensitive 
property, the Federal Government should get its full value.
  Mr. Speaker, this bill also undermines the intent of the Santini-
Burton Act. While the act allows transfers of land in interest to State 
and local governments, the deed restrictions must protect the 
environmental quality and public recreational purposes of the land.
  Legislation is needed in this instance because this conveyance does 
not fall within the parameters of the act. Unlike other sites conveyed 
for less than fair market value with reversionary clauses, this land 
was not public domain or surplus land. Rather, this land was 
specifically purchased for its environmental value and is integral to 
the land-use planning scheme surrounding Lake Tahoe. This bill deprives 
the public of what is owed as well as the ability to offset the loss of 
this environmentally sensitive property with the purchase of comparable 
property.
  I urge my colleagues not to accept this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HANSEN. Mr. Speaker, I am happy to yield such time as he may 
consume to the gentleman from Nevada (Mr. Gibbons), the author of this 
legislation, .
  Mr. GIBBONS. Mr. Speaker, I would like to thank my colleague and 
friend from Utah (Mr. Hansen) for allowing me the time to speak here 
today.

                              {time}  2245

  Before, Mr. Speaker, I approach and answer the questions and issues 
of my colleague from American Samoa, I want to thank the gentleman from 
Alaska (Mr. Young) for his leadership on this important bill which 
seeks to provide the children of Incline Village, Nevada with the sound 
footing for a quality education.
  Mr. Speaker, H.R. 4656 authorizes the U.S. Forest Service to convey 
8.7 acres of land in Washoe County, Nevada at fair market value for the 
limited use as an elementary school. It also requires the proceeds from 
the sale to be used to purchase environmentally sensitive land in the 
Lake Tahoe Basin in the future. H.R. 4656 is the product of a great 
deal of hard work, and I believe it strikes a balance that will benefit 
all parties involved.
  The present Incline Village elementary school, constructed in 1964, 
can no longer meet the needs of an increasing student population. The 
overcrowding problems have become so severe that the school must now 
place up to 40 children in one classroom because there is simply not 
enough space to accommodate them all. The school district has 
considered every possible remedy to this problem, including looking at 
other land within the basin, and the best solution is H.R. 4656.
  Expanding beyond the school's current design is physically 
impossible, as is rezoning the district to bus school children to 
another school district since the road to the next closest school is 
closed half the year due to snow. The only solution is a new school and 
the only suitable land to provide the students of Incline Village with 
a proper facility is the land to be conveyed in this bill.
  Purchased by the U.S. Government under the Burton-Santini Act, this 
land currently has no market value since under Burton-Santini it cannot 
be developed without an act of Congress. Certainly the commercial use 
of the land would garner a much more attractive profit for the Federal 
Government, but the environmental sensitivity of the land would 
undoubtedly be threatened. However, under H.R. 4656, the intent of the 
Burton-Santini Act to protect the land's environmental sensitivity 
would be maintained. The school will not jeopardize the sensitivity of 
the seasonal stream that runs through the land. The school district 
will install water filtration systems and incorporate the sensitive 
elements of the site into existing education programs on water quality 
for the students.
  Therefore, Mr. Speaker, the use restrictions of my bill will succeed 
in protecting the environment and ensuring that the Federal Government 
receives compensation for the land. The land will not be conveyed for 
free but at an affordable price for the school district. This bill is 
truly a win-win for everyone involved.
  Finally, Mr. Speaker, this bill is not really about the land 
conveyance. This is about educating children. All children deserve safe 
and quality school facilities. The passage of H.R. 4656 will extend 
this opportunity to the students of Incline Village.
  Mr. Speaker, let me also add that if this bill is not passed, there 
may actually be that child who has to stand up because there will not 
be room for his or her desk in the school district because there are 
400 students now expected to be in this school. If you combine those 
students, most of which are ESL, more than 50 percent of the student 
population is ESL students, they will be pushed into an ever decreasing 
smaller and smaller environment.
  This bill, if it is not passed, there will not be that new school for 
them and no place for these students to learn. We all realize, I hope, 
how important it is to the future of our children and to the future of 
our Nation to have well-educated children. It is my hope that no one in 
this Chamber will deny the young children of Incline Village, Nevada 
the opportunity to learn how to read, how to write or how to add and 
subtract in a suitable facility that can promote education, not inhibit 
it.
  Mr. Speaker, we are asking only for 8.7 acres purchased at fair 
market value with a school restriction by the Washoe County school 
district for the purpose of an elementary school. The purpose of this 
bill is to provide the children in this area with an adequate, suitable 
place to get an education.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may 
consume. I was looking at the clock and looking at some 11 hours, that 
I had sincerely hoped that the staff members

[[Page H9618]]

on the majority side and our side would at least have had this occasion 
for this whole day passing, if there is some way we can negotiate in 
good faith and some way to find a solution to prevent this kind of a 
deadlock. And now we bring ourselves here to the floor with this kind 
of a situation that I feel very, very bad about. I sincerely wish there 
could have been some other way of resolving this issue. Now that we are 
before the floor and reluctantly and with tremendous respect that I 
have for my good friend from Nevada, I had just hoped that we would 
have resolved this issue in some way or somehow, but somehow this 
matter has not been resolved.
  As I said, with tremendous reluctance, I have to respectfully oppose 
this piece of legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Nevada (Mr. Gibbons).
  Mr. GIBBONS. Mr. Speaker, to my great friend from American Samoa, I 
want to say that this land of 8.7 acres is squeezed in between 
condominium developments and a Safeway shopping center right in front 
of it. This is not the pristine type of ground that one normally 
envisions when we talk about environmentally sensitive lands with great 
vistas looking out over Lake Tahoe. The fact is that this land is going 
to be better off being utilized as a school because the environmental 
sensitivities will be taken into consideration by the school in its 
development plan. It will actually enhance the environmental 
sensitivity of the land as well.
  Let me also say that the League to Save Lake Tahoe, the well-known, 
well-respected environmental group that looks after much of the Lake 
Tahoe area does not oppose this bill. This is a critical piece of 
legislation for the students of Nevada. There have been many attempts 
on the other side to have legislation passed which also sets a 
precedent. I know my friends on the other side of the aisle have 
oftentimes passed legislation which will convey land for free for 
educational purposes, such as the San Juan College Act passed, that is 
H.R. 695 of our good friend and colleague the gentleman from New Mexico 
(Mr. Udall). It conveyed land for educational purposes with a 
restriction in it as well. We also have an opportunity to look at other 
pieces of legislation which the other side has passed which would 
convey for even free, without the cost to the United States, land for 
educational purposes for the Lewis and Clark National Historic 
Interpretive Center. That passed 355-0 and was signed into law last 
year.
  Mr. Speaker, there are other opportunities. H.R. 2737 of the 
gentleman from Illinois (Mr. Costello) that was going to convey 39 
acres of government land for free to the State of Illinois. We talked 
about that one. As I am saying, even H.R. 2890 which many of my friends 
and colleagues on the other side of the aisle support, transfers the 
land of Vieques Island that is currently used as an artillery bombing 
range to Puerto Rico at no cost. Now, here is thousands upon thousands 
and thousands of acres that belong to the Federal Government that are 
supported in being transferred to a State agency for that matter 
without a cost to the Federal Government in giving up that. So it is 
not an issue here today. We are talking about 8.7 acres. It is not an 
issue of fair market value. We are talking about getting an education 
for 400 children.
  Without this, Mr. Speaker, without this land, without being able to 
construct this new school, 400 children are going to be forced into 
classrooms or denied an education, and 400 children, I do not think, 
want to be subject of standing in their classroom without so much as 
room for their desk in order to get that education. We have to pass 
this bill. It is now, it is critical, and time is of the essence for 
this bill.
  I once again thank my friends and colleagues for their support and 
hope everyone will support this piece of legislation.
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  I congratulate my friend from Nevada for his excellent presentation. 
I would like to point out that in my 20 years on the Committee on 
Resources, we have done this many, many times. Education in this year 
is one of the big things we are all looking at. I hope it does not 
become a partisan issue. We are trying to educate some kids. I could 
give example after example of my many years on this committee where we 
have done exactly that, to give some acreage so we can expand a school, 
so we can help some children out. The backbone of this country is 
educating our children. I commend the gentleman from Nevada for his 
excellent presentation.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Ryan of Wisconsin). The question is on 
the motion offered by the gentleman from Utah (Mr. Hansen) that the 
House suspend the rules and pass the bill, H.R. 4656.
  The question was taken.
  Mr. FALEOMAVAEGA. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________