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[House Report 112-436]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-436

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   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.--

  19-006

          (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 
Grijalva (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-as-you-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.
    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-as-you-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 State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

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

                                  
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