[House Report 106-308]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-308
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CONVEYANCE OF NATIONAL FOREST LANDS TO ELKO COUNTY, NEVADA, FOR USE AS
CEMETERY
_______
September 8, 1999.--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 H.R. 1231]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(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, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. CONVEYANCE OF NATIONAL FOREST LANDS TO ELKO COUNTY, NEVADA,
FOR USE AS CEMETERY.
(a) Requirement To Convey.--The Secretary of Agriculture shall
convey, without consideration, to Elko County, Nevada, all right,
title, and interest of the United States in and to the real property
described in subsection (b), for use as a cemetery.
(b) Description of Property.--
(1) In general.--The property referred to in subsection (a)
consists of (A) a parcel of National Forest lands (including
any improvements thereon) in Elko County, Nevada, known as
Jarbidge Cemetery, consisting of approximately 2 acres and
described as follows: NE\1/4\ SW\1/4\ NW\1/4\, S. 9 T. 46 N, R.
58 E., MDB&M; and (B) the existing bridge over the Jarbidge
River that provides access to that parcel, and the road from
the bridge to the parcel as depicted on the map entitled `Elko
County Road and Bridge Conveyance' dated July 27, 1999.
(2) Survey.--The exact acreage and legal description of the
property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. As a
condition of any conveyance under this section, the Secretary
shall require that the cost of the survey shall be borne by the
County.
(c) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions with respect to the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States, except that the Secretary may not
retain for the United States any reversionary interest in property
conveyed under this section.
PURPOSE OF THE BILL
The purpose of H.R. 1231 is to direct the Secretary of
Agriculture to convey certain National Forest lands to Elko
County, Nevada, for continued use as a cemetery.
BACKGROUND AND NEED FOR LEGISLATION
The town of Jarbidge, in Elko County, Nevada, is a historic
community of some 25 permanent residents that is surrounded by
National Forest lands in what is known as the Jarbidge
Wilderness. Near the town, situated on National Forest land, is
a small cemetery where Jarbidge residents have been buried
since the early 1900s. The Jarbidge Cemetery is permitted to
Elko County by a special use authorization from the Forest
Service. At times, this permit has run for 10 and 20 year
periods.
The residents of Jarbidge have long expressed an interest
in having two acres, containing the cemetery, conveyed to the
County so they might have a permanent, private cemetery. Many
of those buried there were miners and their families who
founded the town. The residents feel that conveyance of the
National Forest land will insure that they will always have
full use of this property.
COMMITTEE ACTION
Congressman Jim Gibbons (R-NV) introduced H.R. 1231 on
March 23, 1999. The legislation was referred to the Committee
on Resources and subsequently within the Committee to the
Subcommittee on Forests and Forest Health. The Subcommittee on
Forests and Forest Health held a hearing on H.R. 1231 on June
17, 1999. Congressman Gibbons and the U.S. Forest Service
testified. On August 4, 1999, the Committee on Resources met to
consider the bill. The Subcommittee on Forests and Forest
Health was discharged from further consideration of the bill by
unanimous consent. Congressman Gibbons offered an amendment
that also conveyed a small bridge and road to the County, as
requested by the Forest Service. It was adopted by voice vote.
The bill, as amended, 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, August 6, 1999.
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 H.R. 1231, a bill to
direct the Secretary of Agriculture to convey certain National
Forest lands to Elko County, Nevada, for continued use as a
cemetery.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Victoria
Heid Hall (for federal costs), and Marjorie Miller (for the
state and local impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 1231--A bill to direct the Secretary of Agriculture to convey
certain National Forest lands to Elko County, Nevada, for
continued use as a cemetery
CBO estimates that implementing H.R. 1231 would have no
impact on the federal budget. Because the bill would not affect
direct spending or receipts, pay-as-you-go procedures would not
apply. H.R. 1231 would direct the Secretary of Agriculture to
convey to Elko County, Nevada, about two acres of national
forest land for use as a cemetery, as well as a bridge and part
of a road that provide access to that land. The conveyance
would be at no cost to the county. According to the Forest
Service, the county currently uses the two acres of federal
property for a cemetery free of charge under a special use
permit. Therefore, conveying the property to the county would
not result in a loss of permit fee receipts.
H.R. 1231 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. This
conveyance, and all costs associated with it, would be
voluntary on the part of the county. The only cost incurred by
the county would be for a survey to determine exact acreage and
description of the property. The bill would have no other
significant impact on the budgets of state, local, or tribal
governments.
The CBO staff contacts are Victoria Heid Hall (for federal
costs), and Marjorie Miller (for the state and local impact).
This estimate was approved by Robert A. Sunshine, 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.