89–010 

Calendar No. 652 

115TH CONGRESS REPORT " ! SENATE 2d Session 115–365 

LA PAZ COUNTY LAND CONVEYANCE ACT 

NOVEMBER 14, 2018.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 2630] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (H.R. 2630) to authorize the Secretary of the Interior to convey certain land to La Paz County, Arizona, 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 2, line 9, strike ‘‘8,800’’ and insert ‘‘5,935’’. 

2. On page 2, line 16, strike ‘‘May 24, 2017’’ and insert ‘‘October 

1, 2018’’. 

3. Beginning on page 2, strike line 20 and all that follows 

through page 4, line 6, and insert the following: 

(a) IN GENERAL.—Notwithstanding the planning requirement of sections 202 and 203 of the Federal Land Policy 

and Management Act of 1976 (43 U.S.C. 1712, 1713) and 

in accordance with this section and other applicable law, 

as soon as practicable after receiving a request from the 

County to convey the Federal land, the Secretary shall 

convey the Federal land to the County. 

(b) RESTRICTIONS ON CONVEYANCE.— (1) IN GENERAL.—The conveyance under subsection 

(a) shall be subject to— 

(A) valid existing rights; and 

(B) such terms and conditions as the Secretary 

determines to be necessary. 

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(2) EXCLUSION.—The Secretary shall exclude from 

the conveyance under subsection (a) any Federal land 

that contains significant cultural, environmental, wildlife, or recreational resources. 

(c) PAYMENT OF FAIR MARKET VALUE.—The conveyance 

under subsection (a) shall be for the fair market value of 

the Federal land to be conveyed, as determined— 

(1) in accordance with the Federal Land Policy and 

Management Act of 1976 (43 U.S.C. 1701 et seq.); and 

(2) based on an appraisal that is conducted in accordance with— 

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

(B) the Uniform Standards of Professional Appraisal Practice. 

(d) PROTECTION OF TRIBAL CULTURAL ARTIFACTS.—As a 

condition of the conveyance under subsection (a), the 

County shall, and as a condition of any subsequent conveyance, any subsequent owner shall— 

4. On page 4, line 11, strike ‘‘work’’ and insert ‘‘coordinate’’. 

5. On page 4, line 17, strike ‘‘(d)’’ and insert ‘‘(e)’’. 

6. On page 5, line 4, strike ‘‘(e)’’ and insert ‘‘(f)’’. 

7. On page 5, line 7, strike ‘‘(f)’’ and insert ‘‘(g)’’. 

8. On page 5, line 10, strike ‘‘(b)(3)’’ and insert ‘‘(c)(2)’’. 

9. On page 5, after line 14, add the following: 

(h) PROCEEDS FROM THE SALE OF LAND.—The proceeds 

from the sale of land under this section shall be— 

(1) deposited in the Federal Land Disposal Account 

established by section 206(a) of the Federal Land 

Transaction Facilitation Act (43 U.S.C. 2305(a)); and 

(2) used in accordance with that Act (43 U.S.C. 2301 

et seq.). 

PURPOSE

The purpose of H.R. 2630 is to authorize the Secretary of the Interior (Secretary) to convey certain Federal land to La Paz County, 

Arizona. 

BACKGROUND AND NEED

Nearly 77 percent of the land base in La Paz County, Arizona, 

is owned by the United States. An additional 250,000 acres are 

held in trust by the United States for Indian Tribes. With less than 

five percent of La Paz County (County) in private ownership, opportunities for growth and economic development in the county are 

limited. 

The Ten West Link is a proposed 500 kilovolt electric transmission line that would run through La Paz County and presents 

an opportunity for energy-related economic development. The 

County has identified a parcel of land administered by the Bureau 

of Land Management (BLM) near the proposed transmission line 

which the County believes will be suitable for the development of 

a large scale solar project. 

The BLM has also analyzed and considered this land for solar 

energy potential. In so doing, it has identified the parcel as ‘‘variVerDate Sep 11 2014 06:04 Nov 18, 2018 Jkt 089010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR365.XXX SR365
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ance lands,’’ indicating the parcel has high potential but may have 

a minor resource conflict that would need to be avoided or mitigated in a sight-specific analysis. BLM’s formal designation of 

‘‘solar energy zones’’ is limited to lands with no resource conflicts. 

As ordered reported, H.R. 2630 authorizes the conveyance of approximately 5,935 acres within the parcel identified by the County, 

to allow for solar energy development. To date, there have been no 

identified environmental, wildlife, cultural resources, organized 

recreation, grazing allotments, or other activities that would warrant special protection on the 5,935 acres conveyed by this Act. 

However, the Mohave people indigenous to La Paz County are 

members of, and have cultural ties to the Colorado River Indian 

Tribes (CRIT), a federally recognized Native American tribe 

headquartered in Parker, Arizona. Traditional Mohave culture dictates that artifacts and other remnants of Mohave life retain great 

spiritual value when they remain present on the land where they 

are buried. Given the potential for discovery during development, 

the County has committed to engage directly with the CRIT Historic Preservation Office to ensure that any uncovered tribal artifacts will be reburied on site rather than curated in warehouses 

miles from the origin of the find. This agreement is reflected in the 

legislation. 

LEGISLATIVE HISTORY

Representative Gosar introduced H.R. 2630 in the House of Representatives on May 24, 2017. H.R. 2630 was favorably reported, 

with an amendment in the nature of a substitute, by the Committee on Natural Resources on January 29, 2018, and passed the 

House of Representatives by voice vote, as amended, on July 23, 

2018. 

Similar legislation, S. 1222, was introduced by Senator Flake on 

May 24, 2017. The Subcommittee on Public Lands, Forests and 

Mining held a hearing on the legislation on February 7, 2018. 

The Senate Committee on Energy and Natural Resources met in 

an open business session on October 2, 2018, and ordered H.R. 

2630 favorably reported, as amended. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on October 2, 2018, by a majority voice vote 

of a quorum present, recommends that the Senate pass H.R. 2630, 

if amended as described herein. 

COMMITTEE AMENDMENTS

During its consideration of H.R. 2630, the Committee adopted 

amendments to reduce the amount of land to be conveyed from approximately 8,800 acres to 5,935 acres; update the map reflecting 

the new parcel; and remove the phased conveyance of the lands 

from BLM to the County. In addition, the adopted amendments direct the conveyance proceeds into the Federal Land Disposal Account established by the Federal Land Transaction Facilitation Act, 

and made a number of technical changes. 

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SECTION-BY-SECTION ANALYSIS

Sec. 1. Short title 

Section 1 sets forth the short title. 

Sec. 2. Definitions 

Section 2 defines key terms. 

Sec. 3. Conveyance to La Paz County, Arizona 

Subsection (a) directs the Secretary to convey approximately 

5,935 acres of Federal land to La Paz County, Arizona upon the 

County’s request. 

Subsection (b) requires that the conveyance be subject to valid 

existing rights and such terms and conditions the Secretary determines to be necessary. This subsection also directs the Secretary to 

exclude from the conveyance any lands that contain significant cultural, environmental, wildlife or recreational resources. 

Subsection (c) requires La Paz County to pay fair market value 

for the conveyed land, as determined in accordance with the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.) and 

based on an appraisal done pursuant to applicable standards. 

Subsection (d) conditions the conveyance to the County, as well 

as any subsequent conveyance to another owner, on: (1) making 

good faith efforts to avoid disturbing Tribal artifacts; (2) minimizing impacts on any disturbed Tribal artifacts; (3) coordinating 

with the CRIT Tribal Historic Preservation Office to identify culturally and historically significant artifacts; and (4) allowing Tribal 

representatives to rebury any unearthed artifacts near the discovery location. This provision reflects an agreement between CRIT 

and the County to protect the cultural resources on the land conveyed by this Act. 

Subsection (e) requires the map depicting the conveyed parcel to 

be available publically and allows the Secretary and County to 

make minor boundary adjustments and corrections by mutual 

agreement. 

Subsection (f) withdraws the Federal land authorized for conveyance from mining and mineral leasing laws. 

Subsection (g) requires the County to pay the appraised value, as 

well as all conveyance-related costs, as a condition of the Federal 

land conveyance. 

Subsection (h) directs proceeds from the land sale to the Federal 

Land Transaction Facilitation Act’s Federal Land Disposal Account 

(43 U.S.C. 2305(a)). 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the costs of this measure has been provided by the Congressional Budget Office: H.R. 2630 would direct 

the Department of the Interior (DOI) to convey, upon request, up 

to 5,935 acres of federal land to La Paz County, Arizona. The county would be required to pay the estimated fair-market value for the 

affected lands, which would be used by commercial entities to 

produce solar energy. 

Based on the value of similar lands in La Paz County, CBO estimates that the county would pay DOI between $700 and $1,000 per 

acre to acquire those lands or about $5 million in total. Those payVerDate Sep 11 2014 06:04 Nov 18, 2018 Jkt 089010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR365.XXX SR365
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ments would be recorded as reductions in direct spending. CBO expects that the payment and land conveyance would occur within 

the 2019–2028 period. 

Because enacting H.R. 2630 would affect direct spending, pay-asyou-go procedures apply. Enacting the bill would not affect revenues. 

CBO estimates that enacting H.R. 2630 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2029. 

H.R. 2630 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

On January 23, 2018, CBO transmitted a cost estimate for H.R. 

2630, the La Paz County Land Conveyance Act, as ordered reported by the House Committee on National Resources on November 30, 2017. The House Committee version of the legislation directed the sale of more acreage over a longer time period than 

would be the case for the Senate Committee version. The CBO cost 

estimates reflect those differences. CBO estimates that enacting 

the House Committee version of the legislation would reduce direct 

spending by $3 million over the 10 year period. 

The CBO staff contact for this estimate is Jacob Fabian. The estimate was reviewed by H. Samuel Papenfuss, 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. 2630. The Act 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 H.R. 2630, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

H.R. 2630, as ordered 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 Department of the Interior at the 

February 7, 2018, hearing on S. 1222, similar legislation to H.R. 

2630, follows: 

STATEMENT OF BRIAN STEED, DEPUTY DIRECTOR FOR POLICY & PROGRAMS, BUREAU OF LAND MANAGEMENT, U.S. 

DEPARTMENT OF THE INTERIOR

Thank you for inviting the Department of the Interior 

(Department) to testify on S. 1222, the La Paz County 

Land Conveyance Act. The bill proposes to convey to La 

Paz County, Arizona, approximately 8,000 acres of public 

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lands managed by the Bureau of Land Management 

(BLM). Secretary Zinke, through Secretarial Order 3347, 

has pledged to expand access to America’s public lands and 

increase hunting, fishing, and recreational opportunities 

nationwide. In addition, the Secretary is focused on restoring full collaboration and coordination with local communities, working with partners to promote multiple use on 

public lands, and making the Department a better neighbor. While the Department supports the goals of S. 1222 

that align with these important priorities, we have concerns with the legislation as drafted. 

BACKGROUND

La Paz County, located in western Arizona, is home to 

over 20,000 people and holds important recreational value 

because of its close proximity to the Colorado River; the 

Cibola, Bill Williams River, and Imperial National Wildlife 

Refuges; and a number of cultural and historic sites, including old mines and ghost towns. 

The BLM regularly leases and conveys lands to local 

governments and nonprofit entities for a variety of public 

purposes. These leases and conveyances are typically accomplished under the provisions of the Recreation and 

Public Purposes Act (R&PP Act) or through direction supplied by specific Acts of Congress. Such direction allows 

the BLM to help States, local communities, and nonprofit 

organizations obtain lands at nominal cost for important 

public purposes. The Department generally supports appropriate legislative conveyances at nominal cost if the 

lands are to be used for purposes consistent with the 

R&PP Act, and if the conveyances have reversionary 

clauses to enforce this requirement. 

It should be noted that Secretary Zinke is opposed to the 

wide-scale sale or transfer of Federal lands. That said, Secretary Zinke is interested in working with Congress on 

proposals that have the specific goal of preserving access 

and recreational opportunities for future generations while 

supporting local community needs. 

S. 1222

S. 1222 directs the Secretary of the Interior to convey 

approximately 8,000 acres managed by the BLM to La Paz 

County for uses consistent with the R&PP Act and subject 

to valid existing rights. The bill also contains a reversionary clause that provides for the land to revert to the 

United States, at the discretion of the Secretary, if it 

ceases to be used for recreation and public purposes. While 

the County would receive the land itself at no cost, the 

County would pay any administrative costs associated with 

the conveyance (e.g., cultural and cadastral surveys). 

The County would also have the option under S. 1222 to 

acquire the Federal reversionary interest in these lands at 

fair market value, as determined by an appraisal. The bill 

further states that the County would be responsible for the 

costs associated with this appraisal and includes language 

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releasing the United States from liability for any hazardous materials that may be present on the public lands 

before the date of conveyance. 

As a matter of policy, the Department supports working 

with local governments to resolve land tenure issues that 

advance worthwhile public policy objectives. In general, 

the Department supports the proposed conveyance, if it is 

consistent with the existing R&PP authority. We are concerned, however, that the total acreage proposed for conveyance is significantly larger than what is normally authorized for public purposes under the R&PP Act, and we 

are concerned that this legislation, as currently drafted, 

would ultimately mandate conveyances that effectively authorize non-R&PP use. Our understanding is also that La 

Paz County ultimately intends to use the site for solar energy development, which would be inconsistent with the 

R&PP Act. We would like to work with the sponsor on 

amendments to the bill that more closely tailors it to the 

needs of La Paz County while ensuring that unnecessary 

acreage remains available for multiple uses. 

The Department is also committed to continuing its adherence to the Uniform Appraisal Standards for Federal 

Land Acquisition and Uniform Standards of Professional 

Appraisal Practice, and appreciates the sponsor’s including 

these provisions in the bill. We recommend the bill be 

modified to clarify that the appraisal process will be managed by DOI’s Office of Valuation Services. The Office of 

Valuation Services provides credible, timely, and efficient 

valuation services to ensure public trust in Federal real 

property transactions. 

Finally, we note that the lands proposed for conveyance 

have not been identified as potentially suitable for disposal 

in the Yuma Resource Management Plan, which the BLM 

completed in 2010. 

CONCLUSION

Thank you for the opportunity to present the Department’s views on S. 1222. We look forward to working with 

the sponsor and the Committee on modifications to the bill 

that will meet the needs of La Paz County and benefit the 

American people. 

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. 2630 as ordered reported. 

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