19–006 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–436 

CONVEYANCE OF LAND TO CORRECT ERRONEOUS 

SURVEY, COCONINO NATIONAL FOREST, ARIZONA 

APRIL 16, 2012.—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 H.R. 1038] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 1038) 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, 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. CONVEYANCE OF LAND TO CORRECT ERRONEOUS SURVEY, COCONINO NATIONAL 

FOREST, ARIZONA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of Agriculture may convey by quitclaim deed all right, title, and interest of the United States in and to the two parcels 

of land described in subsection (b) to a person or legal entity that represents (by 

power of attorney) the majority of landowners with private property adjacent to the 

two parcels. These parcels are within the boundaries of the Coconino National Forest and contain private improvements that were developed based upon the reliance 

of the landowners in an erroneous survey conducted in May 1960. 

(b) DESCRIPTION OF LAND.—The two parcels of land authorized for conveyance 

under subsection (a) consist of approximately 2.67 acres described in the Bureau of 

Land Management’s Survey Plat titled Subdivision and Metes and Bounds Surveys 

in secs. 28 and 29, T. 20 N., R. 7 E., Gila and Salt River Meridian approved February 2, 2010, as follows: 

(1) Lot 2, sec. 28, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino 

County, Arizona. 

(2) Lot 1, sec. 29, T. 20 N., R. 7 E., Gila and Salt River Meridian, Coconino 

County, Arizona. 

(c) CONSIDERATION.— 


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(1) AMOUNT OF CONSIDERATION.—As consideration for the conveyance of the 

two parcels under subsection (a), the person or legal entity that represents (by 

power of attorney) the majority of landowners with private property adjacent to 

the parcels shall pay to the Secretary consideration in the amount of $20,000. 

(2) DEPOSIT.—The Secretary shall deposit the consideration received under 

this subsection in a special account in the fund established under Public Law 

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

(3) USE.—The deposited funds shall be available to the Secretary, without further appropriation and until expended, for acquisition of land in the National 

Forest System. 

(d) REVOCATION OF ORDERS.—Any public orders withdrawing any of the Federal 

land from appropriation or disposal under the public land laws are revoked to the 

extent necessary to permit conveyance of the Federal land under subsection (a). 

(e) WITHDRAWAL OF FEDERAL LAND.—Subject to valid existing rights, the Federal 

land authorized for conveyance under subsection (a) is withdrawn from all forms of 

entry and appropriation under the public land laws, location, entry, and patent 

under the mining laws, and operation of the mineral leasing and geothermal leasing 

laws until the date which the conveyance is completed. 

(f) OTHER TERMS AND CONDITIONS.—The conveyance authorized by subsection (a) 

shall be subject only to those surveys and clearances as needed to protect the interests of the United States. 

(g) DURATION OF AUTHORITY.—The authority provided under this section shall terminate three years after the date of the enactment of this Act. 

PURPOSE OF THE BILL

The purpose of H.R. 1038, as ordered reported, is 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. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 1038 would correct a longstanding boundary issue between 

private landowners and the U.S. Forest Service in Coconino County, Arizona. The 19 parcels that would be conveyed under this bill 

contain private improvements that were developed pursuant to an 

erroneous land survey conducted in 1960. As a result of that survey, the landowners had developed and maintained the property as 

their own until a subsequent survey in 2007 found that the improvements were actually just within the boundary of the Coconino 

National Forest. 

H.R. 1038 authorizes the U.S. Forest Service to convey all right, 

title and interest to approximately 2.67 acres of the Coconino National Forest to the adjacent landowners. The landowners will be 

required to pay $20,000 for the two parcels. The Secretary’s authority to conduct the conveyance will sunset three years from the date 

of enactment of the legislation. 

COMMITTEE ACTION

H.R. 1038 was introduced on March 11, 2011, by Congressman 

Paul Gosar (R–AZ). The bill was referred to the Committee on Natural Resources, and within the Committee to the Subcommittee on 

National Parks, Forests and Public Lands. On December 2, 2011, 

the Subcommittee held a hearing on the bill. On February 29, 

2012, the Full Natural Resources Committee met to consider the 

bill. The Subcommittee on National Parks, Forests and Public 

Lands was discharged by unanimous consent. Congressman Rob 

Bishop (R–UT) offered amendment designated 1 to the bill; the 

amendment was approved by voice vote. Congressman Raul GriVerDate Mar 15 2010 06:27 Apr 18, 2012 Jkt 019006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR436.XXX HR436

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jalva (D–AZ) offered amendment designated .AM1 to the bill; the 

amendment was not adopted by voice vote. The bill, as amended, 

was then ordered favorably reported to the House of Representatives by voice vote. 

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 carrying 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: 

H.R. 1038—A bill 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. 1038 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 bill 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. 1038 would not affect revenues. 

H.R. 1038 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 law 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 bill would 

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

than through separate transactions with each affected homeowner. 

The bill 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. 

The bill 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. 


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The CBO staff contact for this estimate is Jeff LaFave. This 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, credit authority, or an increase or decrease in revenues or tax expenditures. 

Based on information provided by the U.S. Forest Service, CBO estimates that implementing the bill 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. 

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, as ordered reported, is 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. 

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 as defined under Public 

Law 104–4. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

Æ 


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