[Senate Report 106-238]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 454
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-238

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CONVEYANCE OF NATIONAL FOREST LANDS TO ELKO COUNTY, NEVADA, FOR USE AS 
                                CEMETERY

                                _______
                                

                 March 9, 2000.--Ordered to be printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1231]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1231) to direct the Secretary of 
Agriculture to convey certain National Forest lands to Elko 
County, Nevada, for continued use as a cemetery, having 
considered the same, reports favorably thereon without 
amendment and recommends that the Act do pass.

                         purpose of the measure

    The purpose of H.R. 1231 is to direct the Secretary of 
Agriculture to convey two acres of National Forest land to Elko 
County, Nevada, for continued use as a cemetery.

                          background and need

    Jarbridge is a small town located in Elko County in 
northern Nevada. It is surrounded by the Humboldt-Toiyabe 
National Forest. Since the 1900s, the people of Jarbridge have 
buried their dead in a small parcel of national forest land 
pursuant to a special use permit. The people of Jarbridge have 
an opportunity to establish a permanent trust for the 
maintenance of this historic cemetery. The establishment of the 
trust is dependent on county ownership of the land.

                          legislative history

    H.R. 1231 was introduced on March 23, 1999, by 
Representative Jim Gibbons. On September 21, 1999, the House 
passed the bill as amended, by voice vote. On October 14, 1999, 
the Subcommittee on Forests and Public Land Management held a 
hearing on a companion bill, S. 1343, introduced by Senator 
Reid. At the business meeting on February 10, 2000, the 
Committee on Energy and Natural Resources ordered H.R. 1231 
reported favorably without amendment.

           committee recommendations and tabulation of votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on February 10, 2000, by a voice vote of 
a quorum present recommends that the Senate pass H.R. 1231.

                      section-by-section analysis

    Section (1)(a) requires the Secretary of Agriculture to 
convey without consideration lands described in subsection (b) 
to Elko County, Nevada.
    Subsection (b) describes the parcel, bridge and road to be 
conveyed. This subsection also requires a survey satisfactory 
to the Secretary will be paid for by the County.
    Subsection (c) authorizes the Secretary to require 
appropriate terms and conditions that protect the interests of 
the United States, except that the Secretary may not retain 
reversionary interests.

                   cost and budgetary considerations

    The Congressional Budget Office (CBO) estimate of the costs 
of this measure has been requested but was not received at the 
time the report was filed. The CBO estimate of H.R. 1231 as 
ordered reported by the House Committee on Resources stated 
that implementing H.R. 1231 would have no impact on the Federal 
budget. When the CBO report for the Senate is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 1231.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 1231, as ordered reported.

                        executive communications

    On February 10, 2000 the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Agriculture and the Office of Management and Budget setting 
forth agency recommendations on H.R. 1231. These reports had 
not been received at the time the report on H.R. 1231 was 
filed. When the reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony provided by the Forest 
Service at the Senate Subcommittee hearing follows:

   Statement of Sandra H. Key, Associate Deputy Chief, Programs and 
         Legislation, Forest Service, Department of Agriculture

S. 1343, which conveys certain National Forest System lands to Elko 
        County, Nevada
    We do not object to conveying the lands to Elko County, 
Nevada included in S. 1343, but oppose this bill because it 
does not require fair market value compensation. The taxpayers 
of the United States should receive fair market value for the 
sale, exchange, or use of their National Forests lands.
    We believe that this legislation is unnecessary because the 
Forest Service can meet its objectives through current statutes 
that allow the Forest Service to convey this parcel to Elko 
County for land or cash value. For example, under the Townsite 
Act, the Secretary of Agriculture may convey, for fair market 
value, up to 640 acres of land to established communities 
located adjacent to National Forests in Alaska and in the 
contiguous western states. Within certain limits, the Sisk Act 
authorizes the Secretary of Agriculture to exchange up to 80 
acres of lands with states, counties, or municipal governments 
or public school districts for lands or money. Moreover, under 
the General Exchange Act and Weeks Act, the Secretary of 
Agriculture can exchange National Forest system lands with 
State and local governments.
    These laws require the Secretary of Agriculture to obtain 
fair market value for exchanges or sales of National Forest 
lands. Indeed, the Federal policy backed by a bipartisan 
coalition in the executive and legislative branches in recent 
decades has moved toward requiring a fair market value return 
to the public for the lands conveyed out of Federal ownership. 
We object to reversing this policy by opening the door to less 
than fair market value consideration for the disposition of 
National Forest lands.
    The use of this land as a cemetery has been approved 
through a special-use permit. If Elko County is not willing to 
pay fair market value for this land, its current and future use 
of this land could continue to be authorized under the special-
use permit authorization.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by H.R. 1231, as ordered 
reported.

                                  
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