Testimony

Statement of

Gloria Manning

Associate Deputy Chief, National Forest System

Forest Service

United States Department of Agriculture

 Before the

Subcommittee on National Parks, Recreation, and Public Lands

Committee on Resources

United States House of Representatives

on

April 8, 2003

Concerning

H.R. 272 Convey Land to Lander County, Nevada for Cemetery Use

 Mr. Chairman and members of the Subcommittee, thank you for the opportunity to appear before you today.  I am Gloria Manning, Associate Deputy Chief for National Forest System, USDA Forest Service.  I am here today to provide the Department’s views on H.R. 272, a bill to direct the Secretary of Agriculture to convey certain lands to Lander County, Nevada.

H.R. 272 - Convey certain land to Lander County, Nevada for continued use as a cemetery

In summary, Section 1 of H.R. 272 requires the Secretary through the Chief of the Forest Service to convey to Lander County, Nevada, for no consideration, all right, title, and interest of the United States in and to the 10 acres of National Forest System land known as Kingston Cemetery. 

In accordance with Public Law 85-569, the Townsite Act, we have already conveyed 1.25 acres of land (on which the cemetery is located) to the Town of Kingston for $500 on August 1, 2000.  At the time of the conveyance, the Town of Kingston indicated the 1.25 acres encompassed all known marked and unmarked gravesites.  The Town of Kingston also indicated that the 1.25 acres was adequate to accommodate their future expansion needs.  Specifically, all of the gravesites were accounted for within a half acre fenced area that the 1.25 acres encompassed.  The additional .75 acres were intended for parking and anticipated expansion of the current cemetery.

If new unmarked gravesites have been discovered or the needs of the Kingston Cemetery have changed and are in the public interest, we would be supportive of making additional Federal lands available to the county or city for fair market value and granting the county an easement to maintain the access road to the cemetery as a county road.

 If Lander County is not willing to pay fair market value to purchase this land, we would be willing to consider authorizing its current and future use of this land under a special-use permit authorization.

The Department does not object to making additional Federal lands available to Lander County, Nevada in H.R. 272, but the Department believes that the Forest Service can meet the objectives of Section 1 of this legislation under its current statutory authorities that would allow it to convey National Forest System lands to Lander County for land or fair-market value in cash. 

 For example, under the Townsite Act, the Secretary of Agriculture may convey, for fair market value, up to 640 acres of land to established communities located adjacent to National Forests in Alaska or the contiguous western states.  Within certain limits, the Sisk Act authorizes the Secretary of Agriculture to exchange lands with states, counties, or municipal governments or public school districts for lands or money. 

 Moreover, under the General Exchange Act, the Secretary of Agriculture can exchange National Forest System lands with State and local governments.

These laws require the Secretary of Agriculture to obtain fair market value for exchanges or sales of National Forest lands.  Indeed, the Federal policy, in recent decades has moved toward obtaining a fair return to the public for the value of lands conveyed out of Federal ownership. 

 Conclusion:

 This concludes my statement; I would be happy to answer your questions.