[House Report 108-294]
[From the U.S. Government Publishing Office]



                                                                       
108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-294

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



 
            NEVADA NATIONAL FOREST LAND DISPOSAL ACT OF 2003

                                _______
                                

October 2, 2003.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 1092]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred 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, having considered the same, report favorably 
thereon with amendments and recommend that the bill as amended 
do pass.
  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

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 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 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.
          (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 may 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.

  Amend the title 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1092, as ordered reported, is to direct 
the Secretary of Agriculture to seel certain parcels of federal 
land in Carson City and Douglas County, Nevada.

                  BACKGROUND AND NEED FOR LEGISLATION

    There are currently six parcels of Humboldt-Toiyabe 
National Forest land in Douglas County and Carson City in 
Nevada which have been identified for future community 
development. The parcels comprise approximately 231 acres. The 
County, City and the U.S. Forest Service agree that these 
parcels are isolated, difficult and expensive to manage, and 
have lost their national forest character. Furthermore, most of 
the identified parcels border private land and are in close 
proximity to highways and/or other developments.
    H.R. 1092 directs the Secretary of Agriculture to sell 
these parcels to the County and City. The bill requires 
percentages of the gross proceeds from the sales to be 
earmarked for: (1) the State of Nevada general education 
program (5%); (2) the Carson Water Subconservancy in Nevada 
(5%); (3) the fund established under the Sisk Act to be used 
for land sale costs and for the development and maintenance of 
parks, trails and natural areas in specified Nevada counties 
(25%); and (4) the Minden Interagency Dispatch Center, a joint 
U.S. Forest Service-Nevada Division of Forestry facility used 
for fighting wildland fires (65%).

                            COMMITTEE ACTION

    H.R. 1092 was introduced on March 5, 2003, by Congressman 
Jim Gibbons (R-NV). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Forests and Forest Health. On September 24, 2003, the Resources 
Committee met to consider the bill. The Subcommittee was 
discharged from further consideration by unanimous consent. Mr. 
Gibbons offered an amendment in the nature of a substitute 
making minimal technical and substantive changes; this 
amendment was adopted by unanimous consent. The bill, as 
amended, was then favorably reported to the House of 
Representatives by unanimous consent.

            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 of the Constitution of the United 
States grants 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, credit 
authority, or an increase or decrease in expenditures. 
According to the Congressional Budget Office, enactment of this 
bill would increase offsetting receipts and direct spending but 
``estimates that the net impact would be less than $500,000 in 
any year.''
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    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, September 29, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1092, the Nevada 
National Forest Land Disposal Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Megan 
Carroll and Deborah Reis.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 1092--Nevada National Forest Land Disposal Act of 2003

    CBO estimates that H.R. 1092 would not significantly affect 
the federal budget. Enacting the bill would increase offsetting 
receipts and direct spending but we estimate that the net 
impact would be less than $500,000 in any year. H.R. 1092 would 
not affect revenues.
    H.R. 1092 would direct the Secretary of Agriculture to sell 
231 acres of National Forest System land in Nevada. Under the 
bill, the state of Utah and a local water district would each 
receive 5 percent of the gross proceeds from such sales. The 
balance of proceeds would be available to the Secretary, 
without further appropriation, to administrate the proposed 
sales, develop and maintain certain parks, trails, and natural 
areas in Nevada, and expand a facility to support federal and 
state wildland firefighting programs.
    Based on information from the Forest Service about the 
value of the lands involved, CBO estimates that selling them 
would generate offsetting receipts (a credit against direct 
spending) totaling about $1 million over the 2004-2005 period. 
We also estimate that the agency would spend those amounts over 
the same period, resulting in a negligible change in net direct 
spending in each of those years.
    H.R. 1092 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. 
Enacting this legislation would benefit the state of Utah and a 
local water district in that state because each would receive a 
share of the proceeds from the land sales.
    The CBO staff contacts for this estimate are Megan Carroll 
and Deborah Reis. 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

    If enacted, this bill would make no changes in existing 
law.

                                
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