29–010 

Calendar No. 120 

113TH CONGRESS REPORT " ! SENATE 1st Session 113–66 

SAN JUAN COUNTY FEDERAL LAND CONVEYANCE 

JUNE 27, 2013.—Ordered to be printed 

Mr. WYDEN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 609] 

The Committee on Energy and Natural Resources, to which 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, reports favorably thereon with amendments and recommends that the bill, as 

amended, do pass. 

The amendments are as follows: 

1. On page 1, line 9, strike ‘‘Federal land’’ and insert ‘‘Federal 

surface estate’’. 

2. On page 2, line 19, insert ‘‘and subject to valid existing rights’’ 

after ‘‘prescribe.’’ 

3. On page, after line 16, add the following: 

(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Federal land is withdrawn from— 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. 

LEGISLATIVE HISTORY

S. 609 was introduced by Senators Udall of New Mexico and 

Heinrich on March 19, 2013. A hearing was held on S. 609 by the 

Subcommittee on Public Lands, Forests, and Mining on April 25, 

2013. At its business meeting on May 16, 2013, the Committee ordered S. 609 favorably reported with amendments. 

In the 112th Congress, identical legislation was introduced by 

Senators Udall of New Mexico and Bingaman on June 28, 2012. 


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COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on May 16, 2013, by a voice vote of a quorum 

present, recommends that the Senate pass S. 507, if amended as 

described herein. 

COMMITTEE AMENDMENT

During the consideration of S. 609, the Committee adopted an 

amendment to address recommendation made by the Department 

of the Interior in its testimony. The amendment specifies that the 

conveyance under the bill would be limited to only the surface estate and not the subsurface mineral estate; provides for a withdrawal of the mineral estate from the mining laws and the mineral 

leasing laws; and specifies that both the conveyance and the withdrawal are subject to valid existing rights. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides for the short title, the ‘‘San Juan County Federal Land Conveyance Act’’. 

Section 2 defines key terms used in the bill. 

Section 3(a) authorizes the Secretary of the Interior to convey by 

sale certain Federal land in San Juan County on the request of the 

landowner, subject to valid existing rights and such terms and conditions as the Secretary may prescribe. 

Subsection (b)(1) clarifies that the acres and legal description of 

the Federal land conveyed under subsection (a) is to be determined 

and approved by the Secretary of the Interior. 

Subsection (b)(2) requires the administrative costs of the conveyance to be paid by the landowner. 

Subsection (c) directs that the landowner shall pay an amount 

equal to the fair market value of the Federal land conveyed, which 

will be determined by an appraisal. 

Subsection (d) requires the Secretary to deposit the proceeds of 

the conveyance of Federal lands in a special account in the Treasury for the acquisition of land or interests in land from willing sellers for resource protection that is consistent with the purposes for 

which the Bald Eagle Area of Critical Environmental Concern in 

the State was established. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by 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 bill would have a negligible impact on the 

federal budget. Enacting 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 S. 609 would not affect revenues. 


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

private landowners. The bill 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. Under 

the bill, BLM would be authorized to retain and spend those proceeds, without further appropriation, to acquire other lands. In addition, the bill would require the landowners to pay for the required survey and to 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. 

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 

S. 609. 

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. 

Little, if any, additional paperwork would result from the enactment of S. 609, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 609, 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 Bureau of Land Management 

April 25, 2013, Subcommittee on Public Lands, Forests, and Mining 

hearing on S. 609 follows: 

STATEMENT OF JAMIE CONNELL, ACTING DEPUTY DIRECTOR, 

BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE

INTERIOR

Thank you for inviting the Department of the Interior to 

testify on S. 609, the San Juan Federal Land Conveyance 

Act. The Bureau of Land Management (BLM) supports S. 

609, which provides for the sale of approximately 19 acres 

of public land in northern San Juan County, New Mexico 

to a private party at fair market value. We support this 

legislation, but would like the opportunity to work with 

the sponsor and the committee on a few modifications to 

S. 609. 


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Background 

In 1998, the BLM settled a lawsuit regarding protection 

of the southwestern willow flycatcher in New Mexico. In 

order to protect potential flycatcher habitat, the BLM 

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 discovered 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, N.M. 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 Blancetts’ neighbors to the north and 

south—BLM negotiation efforts with the Blancetts were 

unsuccessful. 

Following failed negotiations and an IBLA 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 Blancetts and the Department of the Interior, and the case was dismissed with 

prejudice. Under that settlement agreement, the Blancetts 

have two years to obtain a legislative solution to address 

the trespass situation. If a legislative solution is not obtained by March 5, 2014, or substantial progress toward 

that solution is 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 for bald 

eagle habitat, which will remain in Federal ownership. 

S. 609 

S. 609 provides for the direct sale of approximately 19 

acres of BLM-managed public land in San Juan County, 

New Mexico, to the Blancetts pursuant to a 2012 settlement agreement. The bill requires the Secretary of the Interior to sell at fair market value approximately 19-acres 

of public land to the Blancetts upon their request, as outlined in the settlement. 

Under the bill, fair market value is to be determined by 

an appraisal conducted using the Uniform Appraisal 

Standards for Federal Land Acquisitions and other standard provisions. Additionally, the bill requires the Blancetts 

to pay administrative costs associated with the sale, including the cost of the survey and appraisal. The BLM 

supports these provisions. 

The bill requires the transfer to the Blancetts of all 

right, title, and interest of the Federal government of these 

public lands. As written, this would include the subsurface 

mineral estate. The BLM notes that there are two producing oil wells on Federal land adjacent to the lands proposed for conveyance, and the Federal mineral lease assoVerDate Mar 15 2010 06:55 Jul 02, 2013 Jkt 029010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6969 E:\HR\OC\SR066.XXX SR066

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ciated with these wells includes the lands proposed for 

transfer. In order to address the existing lease and producing wells, the BLM recommends that the Federal government retain ownership of the mineral estate, and that 

the legislation provide for a withdrawal of the mineral estate from the mining laws and mineral leasing laws. Furthermore, we recommend that both the conveyance and 

the withdrawal be subject to valid existing rights. 

Under the bill, all proceeds from the sale are to be deposited into a special account in the Treasury for use in 

the acquisition of land or interests in land to further the 

protective purposes of the Bald Eagle ACEC or for resource protection consistent with the purposes of the 

ACEC. Because these funds are derived from the sale of 

lands, the BLM believes these funds should be used solely 

to acquire other lands or interest in lands. 

The BLM supports this bill as it represents an opportunity to resolve a longstanding trespass issue and facilitates a reasonable and practicable conveyance of the lands 

to the Blancetts that is consistent with the 2012 settlement agreement. 

Conclusion 

Thank you again for the opportunity to testify in support 

of the San Juan Federal Land Conveyance Act. I would be 

glad to answer your questions. 

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 S. 609, as ordered reported. 

Æ 


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