[Congressional Record (Bound Edition), Volume 151 (2005), Part 4]
[House]
[Pages 4511-4512]
[From the U.S. Government Publishing Office, www.gpo.gov]




            NEVADA NATIONAL FOREST LAND DISPOSAL ACT OF 2005

  Mr. JONES of North Carolina. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 816) to direct the Secretary of Agriculture to 
sell certain parcels of National Forest System land in Carson City and 
Douglas County, Nevada.
  The Clerk read as follows:

                                H.R. 816

       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 2005''.

     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 National Forest System 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 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.
       (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 
North Carolina (Mr. Jones) and the gentlewoman from the Virgin Islands 
(Mrs. Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina (Mr. Jones).


                             General Leave

  Mr. JONES of North Carolina. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days within which to revise and 
extend their remarks and include extraneous material on H.R. 816.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  Mr. JONES of North Carolina. Mr. Speaker, I yield such time as he may

[[Page 4512]]

consume to the gentleman from Nevada (Mr. Gibbons), the author of this 
bill.
  Mr. GIBBONS. Mr. Speaker, to my friend and colleague, the gentleman 
from North Carolina (Mr. Jones), I want to thank him for his courtesy 
in granting me time to rise today in support of the legislation I 
introduced, H.R. 816, the Nevada National Forest Disposal Act.
  Mr. Speaker, Nevada has a unique relationship with the Federal 
Government, because 91.9 percent of the land within that State is 
either federally owned or federally controlled. As a native and a 
public servant of this great State, I am committed to promoting 
sensible land management policies that allow for responsible economic 
development, while protecting our precious natural resources and scenic 
vistas. My bill, the Nevada National Forest Disposal Act, is a model 
for such development.
  The bill provides for the sale of six small tracts of land at public 
auction for fair market value. The sale of this land will allow 
responsible planning and economic development in Carson City and 
Douglas County.
  These parcels of land, Mr. Speaker, are land that are not pristine 
forest lands. In fact, there is barely any vegetation at all that can 
be found on these lots. The parcels are small tracts of land, each 
bordered by private lands on at least two sides, either within 
residential areas or next to a highway.
  The Forest Service faces many challenges when it comes to managing 
these lots, and because of the nature of their location they are simply 
magnets for trash. I think we can all agree that the Forest Service 
should not have to divert resources away from their mission to deal 
with small tracts of land that often become an unfortunate dumping 
ground for a community.
  Developing these lands, Mr. Speaker, would benefit the community by 
providing more economic opportunity and removing what some find to be 
an eyesore amidst commercial and residential areas, certainly not 
pristine forest land.
  The proceeds of this land sale benefit the community, the State of 
Nevada and the Forest Service. Sixty-five percent of the proceeds from 
the land being sold will go to fund an interagency wildland fire 
suppression center. This center will help to protect the wildland-urban 
interface that surrounds the community. Twenty-five percent of the 
proceeds goes to the Forest Service to be used for development and 
maintenance of parks, trails and natural areas in the Carson City, 
Douglas County and Washoe County areas. Of the remaining 10 percent of 
the revenue, 5 percent will go to Nevada's general education fund and 5 
percent will go to the Carson Water Subconservancy District.
  Mr. Speaker, this is sound public policy. It is sound public land 
management policy for the Federal Government to dispose of tracts of 
land such as these that do not warrant Federal protection and use the 
revenue to manage vital areas of Federal ownership. This particular 
land disposal is important to the State of Nevada. It is supported by 
the community, and I urge my colleagues to support it.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, as my distinguished colleague the gentleman from Nevada 
(Mr. Gibbons) has explained, this legislation provides for the disposal 
of specific forest lands in Nevada and specifies the uses of those 
funds from the sale of these lands.
  The gentleman from California (Chairman Pombo) succeeded in moving 
this legislation through the House during the last Congress. We do not 
object to the passage of this legislation at this time.
  Mr. Speaker, I yield back the balance of my time.
  Mr. JONES of North Carolina. Mr. Speaker, I yield back the balance of 
my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from North Carolina (Mr. Jones) that the House suspend the 
rules and pass the bill, H.R. 816.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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