49–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–710 

SAN JUAN COUNTY FEDERAL LAND CONVEYANCE ACT 

DECEMBER 22, 2014.—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 S. 609] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (S. 609) to authorize the Secretary of the Interior to convey certain Federal land in San Juan County, New Mexico, and for other 

purposes, having considered the same, report favorably thereon 

with an amendment and recommend that the bill as amended do 

pass. 

The amendment is as follows: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘San Juan County Federal Land Conveyance Act’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) FEDERAL LAND.—The term ‘‘Federal land’’ means the approximately 19 

acres of Federal surface estate generally depicted as ‘‘Lands Authorized for Conveyance’’ on the map. 

(2) LANDOWNER.—The term ‘‘landowner’’ means the plaintiffs in the case 

styled Blancett v. United States Department of the Interior, et al., No. 10–cv– 

00254–JAP–KBM, United States District Court for the District of New Mexico. 

(3) MAP.—The term ‘‘map’’ means the map entitled ‘‘San Juan County Land 

Conveyance’’ and dated June 20, 2012. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(5) STATE.—The term ‘‘State’’ means the State of New Mexico. 

SEC. 3. CONVEYANCE OF CERTAIN FEDERAL LAND IN SAN JUAN COUNTY, NEW MEXICO. 

(a) IN GENERAL.—On request of the landowner, the Secretary shall, under such 

terms and conditions as the Secretary may prescribe and subject to valid existing 

rights, convey to the landowner all right, title, and interest of the United States in 

and to any portion of the Federal land (including any improvements or appurtenances to the Federal land) by sale. 

(b) SURVEY; ADMINISTRATIVE COSTS.— 


SSpencer on DSK4SPTVN1PROD with REPORTS
2 

(1) SURVEY.—The exact acreage and legal description of the Federal land to 

be conveyed under subsection (a) shall be determined by a survey approved by 

the Secretary. 

(2) COSTS.—The administrative costs associated with the conveyance shall be 

paid by the landowner. 

(c) CONSIDERATION.— 

(1) IN GENERAL.—As consideration for the conveyance of the Federal land 

under subsection (a), the landowner shall pay to the Secretary an amount equal 

to the fair market value of the Federal land conveyed, as determined under 

paragraph (2). 

(2) APPRAISAL.—The fair market value of any Federal land that is conveyed 

under subsection (a) shall be determined by an appraisal acceptable to the Secretary that is performed in accordance with— 

(A) the Uniform Appraisal Standards for Federal Land Acquisitions; 

(B) the Uniform Standards of Professional Appraisal Practice; and 

(C) any other applicable law (including regulations). 

(d) DISPOSITION AND USE OF PROCEEDS.—The Secretary shall deposit the proceeds 

of any conveyance of Federal land under subsection (a) in the general account of the 

Treasury to be used for deficit reduction. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions for a conveyance under subsection (a) as the Secretary 

determines to be appropriate to protect the interests of the United States. 

(f) WITHDRAWAL.—Subject to valid existing rights, the Federal land is withdrawn 

from— 

(1) location, entry, and patent under the mining laws; and 

(2) disposition under all laws relating to mineral and geothermal leasing or 

mineral materials. 

PURPOSE OF THE BILL

The purpose of S. 609 is to authorize the Secretary of the Interior 

to convey certain Federal land in San Juan County, New Mexico. 

BACKGROUND AND NEED FOR LEGISLATION

In 1998, the Bureau of Land Management (BLM) settled a lawsuit regarding protection of the southwestern willow flycatcher in 

New Mexico and agreed to exclude livestock grazing from riparian 

areas in New Mexico by fencing BLM-managed river tracts identified as having suitable flycatcher habitat. While surveying lands 

for fencing under the settlement agreement the BLM determined 

that there were as many as 20 different cases of trespass on BLM 

administered public lands in New Mexico. These trespass cases included a 14-acre trespass into the Bald Eagle Area of Critical Environmental Concern (ACEC) north of Aztec, New Mexico. 

In 1999, the Blancett family, who were actively farming these 

acres, was cited for trespass on approximately 19 acres of public 

lands. Despite resolution of many of the identified trespass cases, 

including cases with the Blancett’s neighbors to the north and 

south, the Blancetts and the BLM were unable to reach an agreement. Following failed negotiations and a failed mediation attempt, 

the Blancetts sued the Department of the Interior in U.S. District 

Court in 2010. On February 27, 2012 a settlement was reached between the two parties and the case was dismissed with prejudice. 

Under the settle agreement, the Blancetts have to obtain a legislative solution to address the trespass solution by March 5, 2014. If 

substantial progress was not made by that time, the BLM will offer 

to sell the approximately two-acre parcel with the family residence 

to the Blancetts and the BLM may immediately begin to fence and 

reclaim the remaining 17 acres, which will remain in federal ownership for bald eagle habitat. Reporting this legislation, as amended, should be construed as substantial progress. 


SSpencer on DSK4SPTVN1PROD with REPORTS
3 

S. 609 would allow BLM to sell at fair market value these 19 

acres of lands in San Juan County, New Mexico, to the Blancett 

family, and resolve the trespassing issue per the 2012 settlement 

agreement. The Committee on Natural Resources generally feels 

that when federal survey errors result in a potential conflict of 

title, State and local land ownership records should be the arbiter 

for determining ownership. In this case, to expedite a resolution to 

meet the terms established and recognized by the court, agreed to 

by both parties, and included in S. 609, the Committee reluctantly 

reports this bill, as amended, while recognizing that the Blancetts 

are in the difficult position of either repurchasing land that was 

previously recognized to be theirs or losing that land because the 

federal government failed to recognize their established property 

rights. 

In title disputes, especially in incidents where the long-standing 

management, care or knowledge of ownership (including improvements) were exercised, and a clear delinquency, dereliction or nonexistent control of federal responsibility over the land has occurred 

(without fault or negligence by the State or affected property 

owner), the Committee recognizes the rights of the property owners. The longstanding ownership, management and care of these 

disputed lands, recognized as previously paid for and/or maintained 

under State jurisdiction, should protect and guarantee the property 

rights of the affected land owners. They should be insulated from 

federal behaviors or responses so severe as to hold them in trespass, mimic a taking of their property or hold their land hostage 

for a ransom to regain title to property they already own. 

COMMITTEE ACTION

S. 609 was introduced on March 19, 2013, by Senator Tom Udall 

(D–NM). On July 9, 2014, the bill passed the Senate by unanimous 

consent with an amendment. The bill was then referred to the 

Committee on Natural Resources, and within the Committee to the 

Subcommittee on Public Lands and Environmental Regulation. On 

July 29, 2014, the Subcommittee held a hearing on the bill. On 

September 18, 2014, the Natural Resources Committee met to consider S. 609. 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 

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 carVerDate Sep 11 2014 23:53 Jan 07, 2015 Jkt 049006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR710.XXX HR710

SSpencer on DSK4SPTVN1PROD with REPORTS
4 

rying 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: 

S. 609—San Juan County Federal Land Conveyance Act 

S. 609 would authorize the Bureau of Land Management (BLM) 

to sell certain federal lands located in San Juan County, New Mexico. Based on information provided by the agency, CBO estimates 

that implementing the act would have no significant effect on the 

federal budget. Because enacting the legislation would increase offsetting receipts, pay-as-you-go procedures apply. However, CBO estimates that those receipts would not exceed $500,000. Enacting S. 

609 would not affect revenues. 

S. 609 would authorize BLM to sell 19 acres of federal land to 

private landowners. The act would require the landowners to pay 

fair market value for the property. Based on information provided 

by BLM, CBO estimates that proceeds from the sale of the affected 

lands would increase offsetting receipts by about $300,000. In addition, S. 609 would require landowners to pay for the required survey and cover any administrative costs associated with the sale. 

S. 609 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. 

On May 30, 2013, CBO transmitted a cost estimate for S. 609, 

the San Juan County Federal Land Conveyance Act, as ordered reported by the Senate Committee on Energy and Natural Resources 

on May 16, 2013. The Senate version of the legislation authorized 

BLM to retain and spend proceeds from the sale of the affected 

lands. That difference is reflected in the cost estimates for the two 

versions of the legislation. 

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, spending 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 act would have no significant effect on the federal 

budget. CBO estimates enactment of the bill would increase offsetting receipts by about $300,000. 

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 is to authorize the Secretary of the Interior to convey 

certain Federal land in San Juan County, New Mexico. 


SSpencer on DSK4SPTVN1PROD with REPORTS
5 

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. 

Æ 


SSpencer on DSK4SPTVN1PROD with REPORTS