[House Report 113-111]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-111
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NAVAL AIR STATION FALLON HOUSING AND SAFETY DEVELOPMENT ACT
_______
June 17, 2013.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 1169]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1169) to direct the Secretary of the Interior to
transfer to the Secretary of the Navy certain Federal land in
Churchill County, Nevada, 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 all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Naval Air Station Fallon Housing and
Safety Development Act''.
SEC. 2. TRANSFER OF DEPARTMENT OF THE INTERIOR LAND.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Secretary of the Interior shall transfer to the
Secretary of the Navy, without consideration, the Federal land
described in subsection (b).
(b) Description of Federal Land.--The Federal land referred to in
subsection (a) is the parcel of approximately 400 acres of land under
the jurisdiction of the Secretary of the Interior that--
(1) is adjacent to Naval Air Station Fallon in Churchill
County, Nevada; and
(2) was withdrawn under Public Land Order 6834 (NV-943-4214-
10; N-37875).
(c) Management.--On transfer of the Federal land described under
subsection (b) to the Secretary of the Navy, the Secretary of the Navy
shall have full jurisdiction, custody, and control of the Federal land.
SEC. 3. WATER RIGHTS.
(a) Water Rights.--Nothing in this Act shall be construed--
(1) to establish a reservation in favor of the United States
with respect to any water or water right on lands transferred
by this Act; or
(2) to authorize the appropriation of water on lands
transferred by this Act except in accordance with applicable
State law.
(b) Effect on Previously Acquired or Reserved Water Rights.--This
section shall not be construed to affect any water rights acquired or
reserved by the United States before the date of the enactment of this
Act.
SEC. 4. WITHDRAWAL.
Subject to valid existing rights, the Federal land to be transferred
under section 2 is withdrawn from all forms of appropriation under the
public land laws, including the mining laws and geothermal leasing
laws, so long as the land remains under the administrative jurisdiction
of the Secretary of the Navy.
PURPOSE OF THE BILL
The purpose of H.R. 1169, as ordered reported, is to direct
the Secretary of the Interior to transfer to the Secretary of
the Navy certain Federal land in Churchill County, Nevada.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 1169 directs the Secretary of the Interior to transfer
approximately 400 acres of Bureau of Land Management (BLM) land
in Churchill County, Nevada, to the Secretary of the Navy for
housing and continued use by Naval Air Station Fallon. The 400
acres of BLM land to be transferred are adjacent to Naval Air
Station Fallon in Churchill County, Nevada. The acreage in
question was withdrawn for 20 years under a 1991 Public Land
Order. The withdrawal was to provide the base with acreage for
housing and a safety arc for an explosive ordnance handling
facility. The housing was never constructed due to the limited
length of the withdrawal. The 400 acres to be transferred would
continue to be used by Naval Air Station Fallon as a safety arc
for an explosive ordnance handling facility and to construct
much needed family housing.
COMMITTEE ACTION
H.R. 1169 was introduced on March 14, 2013, by Congressman
Mark Amodei (R-NV). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Public Lands and Environmental Regulation. On April 26,
2013, the Subcommittee held a hearing on the bill. On May 15,
2013, the Full Natural Resources Committee met to consider the
bill. The Subcommittee on Public Lands and Environmental
Regulation was discharged by unanimous consent. Congressman Rob
Bishop (R-UT) offered an amendment designated #1 to the bill;
the amendment was adopted by unanimous consent. No further
amendments were offered, and the bill, as amended, was then
adopted and ordered 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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:
H.R. 1169--Naval Air Station Fallon Housing and Safety Development Act
H.R. 1169 would require the Secretary of the Interior to
transfer administration jurisdiction over 400 acres of land to
the Secretary of the Navy. Those lands would be used by the
Navy as a housing area. Based on information provided by the
Bureau of Land Management (BLM), CBO estimates that
implementing the legislation would have no significant impact
on the federal budget. Enacting H.R. 1169 would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
Under current law, the affected lands are subject to a
temporary right-of-way that allows the Navy to use those lands
for military purposes. Because CBO expects that those lands
would not generate any receipts over the next 10 years, we
estimate that enacting the bill would not affect direct
spending. In addition, because those lands are already managed
by the federal government, we estimate that implementing the
legislation would not affect the costs of managing the lands.
H.R. 1169 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect state, local, or tribal governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of 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. Based on
information provided by the Bureau of Land Management, CBO
estimates that implementing the legislation would have no
significant impact on the federal budget.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to direct the
Secretary of the Interior to transfer to the Secretary of the
Navy certain Federal land in Churchill County, Nevada.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
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.