[House Report 106-746]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-746

======================================================================



 
     ADJUSTMENT OF BOUNDARY OF THE TOIYABE NATIONAL FOREST, NEVADA

                                _______
                                

 July 17, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 439]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill (S. 
439) to amend the National Forest and Public Lands of Nevada 
Enhancement Act of 1988 to adjust the boundary of the Toiyabe 
National Forest, Nevada, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                          purpose of the bill

    The purpose of S. 439 is to amend the National Forest and 
Public Lands of Nevada Enhancement Act of 1988 to adjust the 
boundary of the Toiyabe National Forest, Nevada.

                  background and need for legislation

    Development in the Carson Valley in Douglas County, Nevada, 
has presented difficult challenges for the community. County 
officials, conservationists, developers and other residents 
have united in an effort to protect their open spaces. The 
private agricultural conservation easements proposed to be 
acquired by the Bureau of Land Management (BLM) will ensure 
that the land will continue to be used only for commercial 
agriculture.
    The boundary adjustment in S. 439 will enable private 
landowners in Douglas County to work with only one federal 
agency, the BLM, in acquiring easements, rather than BLM and 
the U.S. Forest Service.

                            committee action

    S. 439 was introduced on February 22, 1999, by Senator 
Richard Bryan (D-NV). The bill passed the Senate on November 
19, 1999, by unanimous consent. It was then received in the 
House of Representatives where it was referred to the Committee 
on Resources, and within the Committee to the Subcommittee on 
Forests and Forests Health. On May 3, 2000, the Subcommittee 
held a hearing on the bill. On June 7, 2000, the Full Resources 
Committee met to consider the bill. The Full Committee 
discharged the Subcommittee from further consideration of the 
bill by unanimous consent. No amendments were offered. The bill 
was then ordered favorably reported to the House of 
Representatives by voice vote.

            committee oversight findings and recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   constitutional authority statement

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    compliance with house rule xiii

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 14, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 439, an act to amend 
the National Forest and Public Lands of Nevada Enhancement Act 
of 1988 to adjust the boundary of the Toiyabe National Forest, 
Nevada.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll,
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.
    CBO estimates that implementing S. 439 would have no impact 
on the federal budget. Because S. 439 would not affect direct 
spending or receipts, pay-as-you-go procedures would not apply. 
S. 439 contains no intergovernmental or private-sector mandates 
as defined in the Unfunded Mandates Reform Act and would have 
no significant impact on the budgets of state, local, or tribal 
governments.
    S. 439 would adjust the boundary of the Toiyabe National 
Forest in Nevada to exclude roughly 2,000 acres of private land 
that is currently within that boundary. As a result, any future 
conservation easements on the affected private land would be 
managed by the Bureau of Land Management (BLM) rather than the 
Forest Service. The boundary adjustment would not affect the 
management of public lands, and based on information from BLM, 
we estimate that enacting this act would have no impact on 
federal spending.
    On October 29, 1999, CBO transmitted a cost estimate for S. 
439 as ordered reported by the Senate Committee on Energy and 
Natural Resources. The two versions of the legislation are 
identical, and the cost estimates are the same.
    The CBO staff contacts are Megan Carroll and Ali Aslam. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    compliance with public law 104-4

    This bill contains no unfunded mandates.

                preemption of state, local or tribal law

    This bill is not intended to preempt any State, local or 
tribal law.

         changes in existing law made by the bill, as reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

SECTION 4 OF THE NATIONAL FOREST AND PUBLIC LANDS OF NEVADA ENHANCEMENT 
                              ACT OF 1988


SEC. 4. TRANSFER OF LANDS.

  (a) Transfer of Public Lands to the Forest Service.--
[Effective]
          (1) In general.--Effective one hundred and eighty 
        days after the enactment of this Act, the approximately 
        six hundred sixty-two thousand acres of public lands 
        designated for inclusion in the National Forest System 
        on three maps entitled ``Nevada Interchange-A'', dated 
        January 1987, ``Nevada Interchange-B'', dated February 
        1988, and ``Nevada Interchange-C'', dated August 1988, 
        are hereby withdrawn from the public domain, 
        transferred to the jurisdiction of the Secretary of 
        Agriculture, and shall become part of the Toiyabe 
        National Forest or the Inyo National Forest, as 
        appropriate.
          (2) Boundary adjustment.--Effective on the date of 
        enactment of this paragraph, the portion of the land 
        transferred to the Secretary of Agriculture under 
        paragraph (1) situated between the lines marked ``Old 
        Forest Boundary'' and ``Revised National Forest 
        Boundary'' on the map entitled ``Nevada Interchange 
        `A', Change 1'', and dated September 16, 1998, is 
        transferred to the Secretary of the Interior.

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