[House Report 112-436]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-436
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CONVEYANCE OF LAND TO CORRECT ERRONEOUS SURVEY, COCONINO NATIONAL
FOREST, ARIZONA
_______
April 16, 2012.--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. 1038]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1038) to authorize the conveyance of two small
parcels of land within the boundaries of the Coconino National
Forest containing private improvements that were developed
based upon the reliance of the landowners in an erroneous
survey conducted in May 1960, 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. CONVEYANCE OF LAND TO CORRECT ERRONEOUS SURVEY, COCONINO
NATIONAL FOREST, ARIZONA.
(a) Conveyance Authorized.--The Secretary of Agriculture may convey
by quitclaim deed all right, title, and interest of the United States
in and to the two parcels of land described in subsection (b) to a
person or legal entity that represents (by power of attorney) the
majority of landowners with private property adjacent to the two
parcels. These parcels are within the boundaries of the Coconino
National Forest and contain private improvements that were developed
based upon the reliance of the landowners in an erroneous survey
conducted in May 1960.
(b) Description of Land.--The two parcels of land authorized for
conveyance under subsection (a) consist of approximately 2.67 acres
described in the Bureau of Land Management's Survey Plat titled
Subdivision and Metes and Bounds Surveys in secs. 28 and 29, T. 20 N.,
R. 7 E., Gila and Salt River Meridian approved February 2, 2010, as
follows:
(1) Lot 2, sec. 28, T. 20 N., R. 7 E., Gila and Salt River
Meridian, Coconino County, Arizona.
(2) Lot 1, sec. 29, T. 20 N., R. 7 E., Gila and Salt River
Meridian, Coconino County, Arizona.
(c) Consideration.--
19-006
(1) Amount of consideration.--As consideration for the
conveyance of the two parcels under subsection (a), the person
or legal entity that represents (by power of attorney) the
majority of landowners with private property adjacent to the
parcels shall pay to the Secretary consideration in the amount
of $20,000.
(2) Deposit.--The Secretary shall deposit the consideration
received under this subsection in a special account in the fund
established under Public Law 90-171 (commonly known as the Sisk
Act; 16 U.S.C. 484a).
(3) Use.--The deposited funds shall be available to the
Secretary, without further appropriation and until expended,
for acquisition of land in the National Forest System.
(d) Revocation of Orders.--Any public orders withdrawing any of the
Federal land from appropriation or disposal under the public land laws
are revoked to the extent necessary to permit conveyance of the Federal
land under subsection (a).
(e) Withdrawal of Federal Land.--Subject to valid existing rights,
the Federal land authorized for conveyance under subsection (a) is
withdrawn from all forms of entry and appropriation under the public
land laws, location, entry, and patent under the mining laws, and
operation of the mineral leasing and geothermal leasing laws until the
date which the conveyance is completed.
(f) Other Terms and Conditions.--The conveyance authorized by
subsection (a) shall be subject only to those surveys and clearances as
needed to protect the interests of the United States.
(g) Duration of Authority.--The authority provided under this section
shall terminate three years after the date of the enactment of this
Act.
PURPOSE OF THE BILL
The purpose of H.R. 1038, as ordered reported, is to
authorize the conveyance of two small parcels of land within
the boundaries of the Coconino National Forest containing
private improvements that were developed based upon the
reliance of the landowners in an erroneous survey conducted in
May 1960.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 1038 would correct a longstanding boundary issue
between private landowners and the U.S. Forest Service in
Coconino County, Arizona. The 19 parcels that would be conveyed
under this bill contain private improvements that were
developed pursuant to an erroneous land survey conducted in
1960. As a result of that survey, the landowners had developed
and maintained the property as their own until a subsequent
survey in 2007 found that the improvements were actually just
within the boundary of the Coconino National Forest.
H.R. 1038 authorizes the U.S. Forest Service to convey all
right, title and interest to approximately 2.67 acres of the
Coconino National Forest to the adjacent landowners. The
landowners will be required to pay $20,000 for the two parcels.
The Secretary's authority to conduct the conveyance will sunset
three years from the date of enactment of the legislation.
COMMITTEE ACTION
H.R. 1038 was introduced on March 11, 2011, by Congressman
Paul Gosar (R-AZ). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on National Parks, Forests and Public Lands. On December 2,
2011, the Subcommittee held a hearing on the bill. On February
29, 2012, the Full Natural Resources Committee met to consider
the bill. The Subcommittee on National Parks, Forests and
Public Lands was discharged by unanimous consent. Congressman
Rob Bishop (R-UT) offered amendment designated 1 to the bill;
the amendment was approved by voice vote. Congressman Raul
Grijalva (D-AZ) offered amendment designated .AM1 to the bill;
the amendment was not 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 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. 1038--A bill to authorize the conveyance of two small parcels of
land within the boundaries of the Coconino National Forest
containing private improvements that were developed based upon
the reliance of the landowners in an erroneous survey conducted
in May 1960
H.R. 1038 would authorize the Secretary of Agriculture to
sell certain federal lands located within the Coconino National
Forest. Based on information provided by the Forest Service,
CBO estimates that implementing the bill would have a
negligible impact on the federal budget. Implementing the
legislation would increase offsetting receipts and associated
direct spending; therefore, pay-as-you-go procedures apply.
However, CBO estimates that those changes would have no
significant impact on future budget deficits. Enacting H.R.
1038 would not affect revenues.
H.R. 1038 would authorize the Secretary to sell 19 small
parcels of federal land totaling less than 3 acres to a
representative of several private homeowners. The law would
require the homeowners to pay a total of $20,000 for the
parcels and to cover any administrative costs associated with
the sale. The Secretary has the authority to sell the lands
under current law; however, the bill would allow the Secretary
to sell the parcels in a single transaction rather than through
separate transactions with each affected homeowner. The bill
also would allow the Forest Service to retain and spend
proceeds from the sale, without further appropriation, to
acquire other lands. CBO estimates that the agency would spend
those proceeds within the next three years.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jeff LaFave.
This 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, credit authority, or an increase or decrease in
revenues or tax expenditures. Based on information provided by
the U.S. Forest Service, CBO estimates that implementing the
bill would have a negligible impact on the federal budget.
Implementing the legislation would increase offsetting receipts
and associated direct spending; therefore, pay-as-you-go
procedures apply. However, CBO estimates that those changes
would have no significant impact on future budget deficits.
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 authorize
the conveyance of two small parcels of land within the
boundaries of the Coconino National Forest containing private
improvements that were developed based upon the reliance of the
landowners in an erroneous survey conducted in May 1960.
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 as defined under
Public Law 104-4.
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.