[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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