[House Report 113-111]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-111
======================================================================
 
      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          (2) was withdrawn under Public Land Order 6834 (NV-943-4214-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.