From Truchas TU Pending Legislation on Sale of Public Lands.

tubase at cybermesa.com tubase at cybermesa.com
Tue Nov 8 11:17:24 MST 2005


We learned last week that a bill, H.R. 3855, will come to the floor of the
House of Representatives this week which, if passed, would compel the Forest
Service and the Department of the Interior to sell 15% of their lands to raise
funds for disaster relief.  Such a sale of public lands would have a
distastrous effect on fisheries in the West, on public access to land for
hunting, fishing, and recreation, and on ecosystems generally.
 
The vote on the bill will be very close.  Representative Tom Udall is opposed
to the bill.  We understand that Repesentatives Heather Wilson and Steve
Pearce are not.  If you live in Representative Wilson's or Representative
Pearce's congressional district, we urge you to call their offices or send
them e-mails as soon as possible stating your strong opposition to the bill.
 
The text of the bill follows.
 
HR 3855 IH
                           109th CONGRESS
                             1st Session
                              H. R. 3855
To raise funds necessary to respond to Hurricane Katrina and future disasters
by selling a portion of the lands administered by the Forest Service and the
Department of the Interior, and for other purposes.
                   IN THE HOUSE OF REPRESENTATIVES
                         September 21, 2005
Mr. TANCREDO (for himself, Mr. FLAKE, Mr. ROHRABACHER, Mrs. CUBIN, Mr.
WELDON of Florida, Mr. PITTS, Mr. FEENEY, Mr. AKIN, Mrs. MYRICK, Mr.
BARTLETT of Maryland, Mr. POE, Mr. BISHOP of Utah, and Mr. OTTER) introduced
the following bill; which was referred to the Committee on Resources, and in
addition to the Committees on Agriculture and Transportation and
Infrastructure, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdiction
of the committee concerned
                               A BILL
To raise funds necessary to respond to Hurricane Katrina and future disasters
by selling a portion of the lands administered by the Forest Service and the
Department of the Interior, and for other purposes. Be it enacted by the
Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. SALE OF NATIONAL FOREST AND DEPARTMENT OF THE INTERIOR LANDS TO
RAISE FUNDS FOR DISASTER RELIEF.


 (a) Sale of National Forest Lands- The Secretary of Agriculture shall select
15 percent of the lands included in the National Forest System (as defined in
section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a))) and convey all right, title, and interest of the
United States in and to the selected lands by public sale.


(b) Sale of Department of the Interior Lands- The Secretary of the Interior
shall identify 15 percent of the lands managed by agencies of the Department
of the Interior (excluding lands in units of the National Park System
established by Act of Congress and lands held
for the benefit of an Indian tribe) and convey all right, title, and interest
of the United States in and to the identified lands by public sale.


(c) Priority Locations- The Secretary of Agriculture and the Secretary of the
Interior shall place an emphasis on identifying lands for sale under this
section in those States where the United States owns more than 15 percent of
the total land area.


(d) Commencement of Sales- The Secretary of Agriculture and the Secretary of
the Interior shall complete the identification of Federal lands under this
section and commence the sale of such lands not later than October 1, 2006.
The land sales shall proceed without regard to any other provision of law.

 (e) Treatment of Proceeds- All proceeds from the sale of Federal
lands under this section (other than amounts retained to cover the
administrative costs incurred solely to conduct the sales) shall be
deposited in the special account established under subsection (f).

(f) Disaster Response and Relief Fund-

(1) ESTABLISHMENT- There is established in the Treasury a special account to
be known as the `Disaster Response and Relief Fund'.

(2) INVESTMENT- Pending the need to use the special account for the purposes
specified in subsection (g), the Secretary of the Treasury shall manage
amounts in the special account to maximize the return to the United States.
Interest on investments shall also be deposited in the special account.

(g) Use of Fund for Disaster Relief- Amounts in the special account shall be
available only for appropriation to cover or defray the costs of responding to
a natural disaster or terrorist attack in an area covered by a disaster
declaration made by the President under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.).

(h) Moratorium on Federal Land Acquisition- Until the Secretary of Agriculture
and the Secretary of the Interior comply with the duties imposed on the
Secretaries by this section, an interest in land may not be acquired by the
Forest Service or an agency of the
Department of the Interior unless the acquisition of that land is specifically
authorized by an Act of Congress enacted after the date of the enactment of
this Act


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