39–010 

Calendar No. 360 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–149 

COCONINO NATIONAL FOREST LAND CONVEYANCES 

APRIL 10, 2014.—Ordered to be printed 

Ms. LANDRIEU, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 862] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (H.R. 862) 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, reports favorably thereon without amendment and recommends that the bill do 

pass. 

PURPOSE

The purpose of H.R. 862 is to authorize the Secretary of Agriculture to convey all right, title, and interest of the United States 

to two parcels of land in the Coconino National Forest in Arizona 

to a person or legal entity that represents a majority of landowners 

with private property adjacent to the two parcels to be conveyed. 

BACKGROUND AND NEED

In 1960, two sections of land in what is now known as the 

Mountaire Subdivision, near Flagstaff, Arizona, were surveyed by 

private contractors. The subdivision largely abuts a portion of the 

Coconino National Forest. In 2007, surveyors for the Bureau of 

Land Management determined that the 1960 survey was incorrect, 

and as a result, several private tracts were in fact partially located 

on National Forest lands. 

Although the Forest Service has authority under the Small 

Tracts Act to resolve the issue administratively, enactment of H.R. 

862 will allow for a more efficient conveyance, especially given the 


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large number of parcels involved (19), and the small total acreage 

of National Forest lands affected (less than 2.7 acres). 

Because of the cost involved with resolving each trespass issue 

separately with the affected landowner, the bill authorizes the land 

to be conveyed to a person or entity representing all of the landowners and sets a payment price of $20,000 for the two parcels to 

be conveyed, instead of requiring appraisals to determine the appropriate value. 

LEGISLATIVE HISTORY

H.R. 862, sponsored by Representative Kirkpatrick, was ordered 

reported by the Committee on Natural Resources on April 24, 2013 

(H. Rept. 113–75) and passed the House of Representatives by a 

vote of 395–1 on June 17, 2013. The Subcommittee on Public 

Lands, Forests, and Mining held a hearing on the bill on July 30, 

2013. At its business meeting on November 21, 2013, the bill was 

favorably reported. 

Similar legislation, H.R. 1038 was introduced in the 112th Congress by Representative Gosar, and passed the House of Representatives by a vote of 421–1 on April 25, 2012. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on November 21, 2013 by a voice vote of a 

quorum present, recommends that the Senate pass H.R. 862. 

SECTION-BY-SECTION ANALYSIS

Section 1(a) authorizes the Secretary of Agriculture to convey by 

quitclaim deed two parcels of land that are within the boundaries 

of the Coconino National Forest to a person or legal entity that represents a majority of the land owners with private property adjacent to the two parcels. 

Subsection (b) provides the legal description of the two parcels of 

land referenced in subsection (a), consisting of approximately 2.67 

acres. 

Subsection (c) requires that the legal entity that represents the 

majority of land owners pay to the Secretary $20,000 as consideration for the land conveyed under this Act, and that the Secretary 

deposit these funds into a special account in the fund established 

under Public Law 90–171 (commonly known as the Sisk Act; 16 

U.S.C. 484a) to be used for acquisition of land in the National Forest System. 

Subsection (d) revokes any orders withdrawing or disposing of 

the Federal land described in subsection (a) to the extent necessary 

to permit the conveyance of land under this Act. 

Subsection (e) withdraws the land described in subsection (a), 

subject to valid existing rights, from all forms of entry and appropriation under public land laws, location, entry, and patent under 

the mining laws, and operation of the mineral leasing and geothermal leasing laws until the conveyance is completed. 

Subsection (f) requires that the conveyance be subject only to 

those surveys and clearances necessary to protect the interests of 

the United States. 


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Subsection (g) provides that the authority provided for under this 

Act shall terminate three years after the date of enactment of this 

Act. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

H.R. 862—An act 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. 862 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 act would have a negligible impact on 

the federal budget. Implementing the legislation would increase offsetting receipts and associated direct spending; therefore, pay-asyou-go procedures apply. However, CBO estimates that those 

changes would have no significant impact on future budget deficits. 

Enacting H.R. 862 would not affect revenues. 

H.R. 862 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 act 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 act would allow 

the Secretary to sell the parcels in a single transaction rather than 

through separate transactions with each affected homeowner. The 

act 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. 

H.R. 862 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 15, 2013, CBO transmitted a cost estimate for H.R. 862 

as ordered reported by the House Committee on Natural Resources 

on April 24, 2013. The two versions of the legislation are similar, 

and the CBO cost estimates are the same. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

H.R. 862. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 


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Little, if any, additional paperwork would result from the enactment of H.R. 862, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

H.R. 862, as reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Forest Service at the July 30, 

2013, Subcommittee on Public Lands, Forests, and Mining hearing 

on H.R. 862 follows: 

STATEMENT OF LESLIE WELDON, DEPUTY CHIEF, NATIONAL

FOREST SYSTEM, U.S. FOREST SERVICE, DEPARTMENT OF

AGRICULTURE

Chairman Manchin and members of the Subcommittee, 

thank you for the opportunity to appear before you today 

to provide the Department of Agriculture’s views on H.R. 

862, a bill designed to correct an erroneous, private survey 

on the Coconino National Forest in Arizona. 

The Department supports this bill. 

In 1960–61, privately contracted surveyors surveyed two 

sections of land in what is now known as the Mountainaire 

Subdivision, which largely abuts the Coconino National 

Forest. Both surveys were found to be inaccurate when the 

Bureau of Land Management conducted a survey in 2007. 

The BLM survey correctly re-established the boundary of 

the National Forest System lands. 

Because of the erroneous private surveys, approximately 

19 parcels totaling 2.67 acres of National Forest System 

land now have structures built on them. Although the Forest Service has authority under the Small Tracts Act (Public Law 97–465) to sell this land to the homeowners, H.R. 

862 would more quickly and efficiently resolve the issue 

with all property owners at the same time. 

Section 1(c) of the bill would provide for consideration in 

a fixed amount of $20,000. To ensure that appropriate 

compensation for the land to be conveyed is recovered on 

behalf of the American taxpayer, an appraisal should be 

done consistent with Federal appraisal standards and the 

homeowner would pay the appraised value. The bill should 

also provide that the homeowner should bear other administrative costs associated with the conveyance. 

I would be happy to answer any questions you may 

have. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by H.R. 862, as ordered reported. 

Æ 


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