[Congressional Record Volume 149, Number 144 (Wednesday, October 15, 2003)]
[House]
[Pages H9407-H9409]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            NEVADA NATIONAL FOREST LAND DISPOSAL ACT OF 2003

  Mr. POMBO. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1092) to authorize the Secretary of Agriculture to sell certain 
parcels of Federal land in Carson City and Douglas County, Nevada, as 
amended.
  The Clerk read as follows:

                               H.R. 1092

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

     SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Nevada National Forest Land 
     Disposal Act of 2003''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--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) Purpose.--The purpose of this Act is to provide for the 
     sale of certain parcels of Federal land in Carson City and 
     Douglas County, Nevada.

     SEC. 3. DISPOSAL OF NATIONAL FOREST SYSTEM LANDS, CARSON CITY 
                   AND DOUGLAS COUNTY, NEVADA.

       (a) Disposal Required.--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 
     northwest quarter 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 of the 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 Descriptions.--The 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) Selection and Sale.--
       (1) Coordination.--The Secretary shall coordinate the sale 
     of land under this section with the unit of local government 
     in which the land is located.
       (2) Existing rights.--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. In the 
     case of the parcel described in subsection (a)(2), all access 
     rights in and to United States Highway 395, together with any 
     and

[[Page H9408]]

     all abutter's rights adjacent to the westerly right-of-way 
     line of such highway, within the parcel shall be restricted.
       (3) Zoning laws.--The sale of land under this section shall 
     be in accordance with local land use planning and zoning laws 
     and regulations.
       (4) Solicitations of offers.--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) Method of sale.--The Secretary shall sell the land 
     described in subsection (a) at public auction.
       (d) Disposition of Proceeds.--
       (1) Payments and deposits.--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) Use of sisk act funds.--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, except that the total amount of reimbursement may 
     not exceed 10 percent of the total proceeds of the lands 
     sales.
       (B) The development and maintenance of parks, trails, and 
     natural areas in Carson City, Douglas County, or Washoe 
     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 center.--The 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) Limitation.--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 Laws.--The 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) Withdrawal.--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) In general.--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) Effective date.--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) Report.-- 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Pombo) and the gentlewoman from California (Mrs. 
Napolitano) each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Pombo).
  Mr. POMBO. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. POMBO asked and was given permission to revise and extend his 
remarks.)
  Mr. POMBO. Mr. Speaker, H.R. 1092, sponsored by the gentleman from 
Nevada (Mr. Gibbons), would authorize the Secretary of Agriculture to 
sell certain parcels of Federal land in Carson City and Douglas County, 
Nevada.
  This legislation would dispose of Federal land interspersed with or 
adjacent to private land in Carson City and Douglas County. The parcels 
identified have been difficult and expensive for the Forest Service to 
manage, and the land has lost its National Forest character.
  I urge support for the legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. NAPOLITANO. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mrs. NAPOLITANO asked and was given permission to revise and extend 
her remarks.)
  Mrs. NAPOLITANO. Mr. Speaker, H.R. 1092 would direct the Secretary of 
Agriculture to auction six Federal parcels in Carson City and Douglas 
County, Nevada. Proceeds would be used for the general education fund 
in Nevada and other purposes, including the development and maintenance 
of parks and trails in Carson City and Douglas and Washoe Counties.
  The majority has explained the bill, and we have no objection.
  Mr. Speaker, I yield back the balance of my time.
  Mr. POMBO. Mr. Speaker, I yield as much time as he may consume to the 
gentleman from Nevada (Mr. Gibbons).
  (Mr. GIBBONS asked and was given permission to revise and extend his 
remarks.)
  Mr. GIBBONS. Mr. Speaker, I thank the gentleman from California (Mr. 
Pombo), the chairman of the committee, for allowing me this time to 
speak on this piece of legislation, and I rise today in support and 
urge my colleagues to support H.R. 1092, the Nevada National Forest 
Disposal Act.
  Mr. Speaker, this piece of legislation is important to the people of 
the State of Nevada, and as a lifelong resident of the great State, 
where the Federal Government manages almost 90 percent of all land, I 
am committed to promoting sensible public lands management policies 
that allow for responsible economic growth while protecting our 
precious natural resources and scenic vistas.
  This legislation, the Nevada National Forest Disposal Act will 
require the Secretary of the Interior to sell in a public auction six 
parcels of land in Nevada, ranging in size from three acres to 75 
acres. Each parcel borders private lands on at least two sides, and 
each is located within residential areas or next to a busy highway. 
None of these lands are pristine forest lands. In fact, barely any 
vegetation and no forest characterization can be found on some of the 
lots recognized in this legislation.
  This bill would remove these lands from the Federal management and 
sell them to the local community at fair market value to allow for 
much-needed economic development in Carson City and Douglas County, and 
the revenues of the sale will benefit the entire State as well as the 
United States Forest Service.
  Sixty-five percent of the revenues from the land sales will go 
towards a fund to build an Interagency Dispatch Center to serve as a 
joint facility for the Forest Service and Nevada Division of Forestry 
to fight wildland fires. Twenty-five percent of the revenue will be 
used for development and maintenance of parks, trails and natural areas 
in Carson City, Douglas County and Washoe County. Five percent will go 
into Nevada's general education program, and 5 percent will go to the 
Carson Water Subconservancy District.
  This commonsense bill has the support of the counties, the State of 
Nevada and both of Nevada's U.S. Senators as well.
  The intent of this legislation, and in truth, as smart public lands 
management, is to dispose of public lands which do not make sense for 
the Federal Government to manage and to use the revenues from the land 
sales to better manage and protect other Federal lands. H.R. 1092 
accomplishes this goal.
  Mr. Speaker, let me also take this opportunity to quickly explain two 
changes that were made to the bill before it came to the floor.
  First, the State of Nevada requested to limit access on one parcel 
which borders a major freeway in order to prevent a major disruption in 
freeway traffic. As one can imagine, it would be a disaster if the 
future owner of the land put a driveway right into the middle of this 
heavily-used freeway. This legislation protects against such a scenario 
and ensures the integrity of the existing freeway.
  The second change simply requires the Secretary to sell these parcels 
in a public auction. These changes only strengthen the bill which is a 
win-win for everyone.

[[Page H9409]]

  Mr. Speaker, H.R. 1092 is a model of efficient public lands policy. 
It is important to the State of Nevada, and I urge my colleagues to 
support it.
  Mr. POMBO. Mr. Speaker, I have no further speakers, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Pombo) that the House suspend the rules 
and pass the bill, H.R. 1092, 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.
  The title of the bill was amended so as to read: ``A bill to direct 
the Secretary of Agriculture to sell certain parcels of Federal land in 
Carson City and Douglas County, Nevada.''
  A motion to reconsider was laid on the table.

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