99–006

107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–678

LAND CONVEYANCE, FARAWAY RANCH, MENDOCINO 

NATIONAL FOREST, CALIFORNIA

SEPTEMBER 24, 2002.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. HANSEN, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 5032] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill 

(H.R. 5032) to authorize the Secretary of Agriculture to convey certain National Forest System lands in the Mendocino National Forest, California, to authorize the use of the proceeds from such conveyances for National Forest purposes, 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: 

Strike all after the enacting clause and insert the following:

SECTION 1. LAND CONVEYANCE, FARAWAY RANCH, MENDOCINO NATIONAL FOREST, CALIFORNIA. 

(a) CONVEYANCE REQUIRED.—Subject to subsection (b), the Secretary of Agriculture shall convey to the owner of the property known as the Faraway Ranch in 

Lake County, California (in this section referred to as the ‘‘recipient’’), by quitclaim 

deed, all right, title, and interest of the United States in and to the following National Forest System lands in Mendocino National Forest in Lake County, California: 

(1) ‘‘Faraway Ranch, Tract 39’’ (approximately 15.8 acres) consisting of a portion of lot 6 of section 4, township 18 north, range 10 west, Mount Diablo base 

and meridian, as generally depicted on the map entitled ‘‘Faraway Ranch, 

Tracts 39 and 40’’ and dated June 30, 2002. 

(2) ‘‘Faraway Ranch, Tract 40’’ (approximately 105.1 acres) consisting of a portion of the N1⁄2SW1⁄4 and lot 7 of section 4, and a portion of lots 15 and 16 of 

section 5, township 18 north, range 10 west, Mount Diablo base and meridian, 

as generally depicted on the map entitled ‘‘Faraway Ranch, Tracts 39 and 40’’ 

and dated June 30, 2002. 

(b) TIME FOR CONVEYANCE.—The Secretary shall make the conveyance under subsection (a) not later than 120 days after the date on which the recipient deposits 

sufficient funds with the Bureau of Land Management, California State Office, 

Branch of Geographic Services, to cover survey work costs and with the Forest ServVerDate Sep 04 2002 01:21 Sep 28, 2002 Jkt 099006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6621 E:\HR\OC\HR678.XXX HR678
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ice, Mendocino National Forest, to cover Forest Service direct transaction costs described in subsection (e). 

(c) CORRECTIONS.—With the agreement of the recipient, the Secretary may make 

minor corrections to the legal descriptions and map of the lands to be conveyed pursuant to this Act. 

(d) CONSIDERATION.—As consideration for the conveyance under subsection (a), 

the recipient shall pay to the Secretary an amount equal to the fair market value 

of the National Forest System lands conveyed under such subsection. The fair market value of such lands shall be determined by an appraisal that is acceptable to 

the Secretary and conforms with the Federal appraisal standards, as defined in the 

Uniform Appraisal Standards for Federal Land Acquisitions developed by the Interagency Land Acquisition Conference. 

(e) PAYMENT OF COSTS.—All direct transaction costs associated with the conveyance under section (a), including the costs of appraisal, title, and survey work, shall 

be paid by the recipient. 

(f) USE OF PROCEEDS.—

(1) DEPOSIT.—The Secretary shall deposit the amounts received by the Secretary as consideration under subsection (d) in the fund established by Public 

Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a). 

(2) USE.—Funds deposited under paragraph (1) shall be available to the Secretary until expended, without further appropriation—

(A) for the acquisition of land and interests in land for National Forest 

System purposes in the State of California; and 

(B) for reimbursement of costs incurred by the Forest Service in making 

the conveyance under subsection (a). 

(3) STATUS OF ACQUIRED LAND.—Notwithstanding Public Law 85–862 (16 

U.S.C. 521a), any lands acquired under paragraph (2)(A) shall be managed as 

lands acquired under the March 1, 1911 (commonly known as the Weeks Act; 

16 U.S.C. 480, 500, 515 et seq.), regardless of whether any of the lands conveyed under subsection (a) were reserved from the public domain. 

(g) WITHDRAWAL.—Subject to valid existing rights, the lands to be conveyed under 

subsection (a) are hereby withdrawn from all forms of location, entry, and patent 

under the public land laws and the mining and mineral leasing laws of the United 

States.

PURPOSE OF THE BILL

The purpose of H.R. 5032 is to authorize the Secretary of Agriculture to convey certain National Forest System lands in the 

Mendocino National Forest, California, to authorize the use of the 

proceeds from such conveyances for National Forest purposes, and 

for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 5032 resolves a long-standing problem regarding the property boundary between the Mendocino National Forest and the 

Faraway Ranch in rural northern California. Faraway Ranch is a 

tract of several hundred acres of private land in Lake County, California, surrounded by Mendocino National Forest lands. The original ranch was settled and patented as private land in 1884, prior 

to establishment of the National Forest. Various dwellings, roads, 

fences, water impoundments, and other improvements were constructed on the ranch over the years. The current owner purchased 

the main portion of the ranch in 1989 from the prior ranch resident. 

An updated survey of the area conducted in the 1990s revealed 

substantial errors in the official historical survey. However, because the private owners had relied on the historical survey for the 

last century, they had constructed buildings that had unintentionally encroached onto federal lands. 

The corrected property boundary lines are in an untenable location for the ranch owner and for the public use and management 

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of the adjacent Mendocino National Forest lands. This bill adjusts 

the property boundaries to eliminate the encroachments, and provides a buffer around the ranch dwelling area. A buffer will enhance safety and provide reasonable privacy for public hunting, 

camping, and motorized vehicle use on national forest lands in the 

area. Besides eliminating the encroachments, more logical boundary corners and lines will simplify and reduce the expense of administration of the area for the Forest Service. 

The ranch owner and Forest Service have been working cooperatively for several years on land exchange proposals to provide adjusted boundaries between the ranch and the Mendocino National 

Forest. In 1999, the parties reached a basic agreement regarding 

the configuration of bordering lands that should be transferred to 

the ranch to resolve the encroachment and property boundary management issues. These parcels total approximately 120 acres. 

Since that time, the ranch owner and the Forest Service have 

pursued a series of proposed exchanges involving these 120 acres 

and non-federal lands of equal value located adjacent to Mendocino 

National Forest lands. However, these particular exchanges have 

not gone forward because the owners of the lands sought by the 

Forest Service in these transactions turned down purchase option 

proposals tendered by the agency. Thus, the encroachment and 

boundary management issues at Faraway Ranch remain unresolved. 

This bill provides for prompt transfer of the 120 acres of national 

forest lands to the current ranch owner, in exchange for a payment 

equal to the fair market value of these lands according to federal 

appraisal standards. The ranch owner will pay the direct costs of 

the transfer, including the title work, survey, and appraisal. The 

payments will be deposited in the Treasury fund established by 

Public Law 90–171, known as the Sisk Act. This bill designates 

these funds for use by the Forest Service to purchase priority nonfederal lands adjacent to other national forest lands in California. 

No significant environmental or other issues have been identified 

regarding transfer of the specified 120 acres to the Faraway Ranch. 

These parcels are not considered of particular value for retention 

in the Mendocino National Forest. National forest boundary maintenance costs, use conflicts, and safety risks will be reduced at the 

ranch location. The priority lands to be acquired by the Forest 

Service will be identified based on their adjacency and contribution 

to national forest lands, wildlife habitat, and for other uses. These 

lands will be purchased from willing sellers. Boundaries will be 

simplified and national forest values will be enhanced at the locations where the Forest Service acquires these lands. 

COMMITTEE ACTION

H.R. 5032 was introduced on June 27, 2002, by Congressman 

Mike Thompson (D–CA). The bill was referred to the Committee on 

Resources, and within the Committee to the Subcommittee on Forests and Forest Health. On July 25, 2002, the Subcommittee held 

a hearing on the bill. On September 12, 2002, the Full Resources 

Committee met to consider the bill. The Subcommittee was discharged from further consideration by unanimous consent. Congressman Scott McInnis (R–CO) offered an amendment to change 

the time for the conveyance to 120 days after the private party deVerDate Sep 04 2002 01:21 Sep 28, 2002 Jkt 099006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR678.XXX HR678
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posits sufficient funds to cover the survey costs and the direct costs 

of the transaction, and to make some technical corrections. It was 

adopted by unanimous consent. The bill as amended was then 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 Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 and Article IV, section 3 of the Constitution 

of the United States grants Congress the authority to enact this 

bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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. 

2. 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 tax expenditures. According to the Congressional 

Budget Office, the Secretary of Agriculture would receive up to 

$200,000 in 2003 and then spend those proceeds over the 2003–

2004 time period. The net change in direct spending over that time 

frame would be ‘‘negligible’’. 

3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 

4. Congressional Budget Office Cost Estimate. 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:

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, September 23, 2002. 

Hon. JAMES V. HANSEN, Chairman, Committee on Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5032, a bill to authorize 

the Secretary of Agriculture to convey certain National Forest System lands in the Mendocino National Forest, California, to authorVerDate Sep 04 2002 01:21 Sep 28, 2002 Jkt 099006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR678.XXX HR678
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ize the use of the proceeds from such conveyances for National Forest purposes, and for other purposes. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Megan Carroll. 

Sincerely, 

BARRY B. ANDERSON

(For Dan L. Crippen, Director). 

Enclosure. 

H.R. 5032—A bill to authorize the Secretary of Agriculture to convey 

certain National Forest System lands in the Mendocino National Forest, California, to authorize the use of the proceeds 

from such conveyances for National Forest purposes, and for 

other purposes 

CBO estimates that H.R. 5032 would not significantly affect the 

federal budget. The bill would affect direct spending (including offsetting receipts); therefore, pay-as-you-go procedures would apply, 

but we estimate that any such effects would be negligible. H.R. 

5032 contains no intergovernmental or private-sector mandates as 

defined in the Unfunded Mandates Reform Act and would have no 

significant impact on the budgets of state, local, or tribal governments. 

H.R. 5032 would direct the Secretary of Agriculture to convey to 

a private landowner about 120 acres of federal lands within the 

Mendocino National Forest in California. The private landowner 

would pay fair market value for those lands. The bill would authorize the Secretary to use proceeds from the conveyance to cover certain administrative costs and to acquire other lands and interests 

in California. 

According to the Forest Service, the lands to be sold currently 

generate no significant receipts and are not excepted to do so over 

the next 10 years. Based on information from the agency, CBO estimates that proceeds from the proposed sale would total up to 

$200,000 in 2003, and that the agency would spend those proceeds 

over the 2003–2004 period. Hence, we estimate that, under H.R. 

5032, the net change in direct spending in those years would be 

negligible. 

CBO staff contact for this estimate is Megan Carroll. This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

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.

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