[House Report 106-746]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-746
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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
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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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