Congressional Record, Volume 141 Issue 20 (Wednesday, February 1, 1995)

[Congressional Record Volume 141, Number 20 (Wednesday, February 1, 1995)]
[House]
[Pages H1019-H1021]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

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LAND CONVEYANCE IN BUTTE COUNTY, CA
The SPEAKER pro tempore (Mr. Upton). Pursuant to House Resolution 53
and rule XXIII, the Chair declares the House in the Committee of the
Whole House on the State of the Union for the consideration of the
bill, H.R. 440.

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in the committee of the whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 440) to provide for the conveyance of lands to certain
individuals in Butte County, CA, with Mr. Hastert in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from Utah [Mr. Hansen] will be
recognized for 30 minutes, and the gentleman from New Mexico [Mr.
Richardson] will be recognized for 30 minutes.
The Chair recognizes the gentleman from Utah [Mr. Hansen].
Mr. HANSEN. Mr. Chairman, I yield myself such time as I may consume.
(Mr. HANSEN asked and was given permission to revise and extend his
remarks.)
Mr. HANSEN. Mr. Chairman, H.R. 440 is essential in order to resolve
serious hardships for land and homeowners in Butte County, CA, brought
about by the mistaken actions of the Federal Government. The problem
began in 1961, when a Forest Service survey on the Plumas National
Forest did not locate the original survey corner established in 1869.
Because the surveyor could not locate the marker, he erroneously
established a new corner,
[[Page H1020]] which private landowners have subsequently used to
establish future boundaries which also are erroneous. Ultimately, 16
landowners have been adversely effected. While this legislation is
noncontroversial, it is extremely important to the landowners who have
experienced a great amount of hardship and anxiety over this
unfortunate situation.
H.R. 440 was drafted with the assistance of the Forest Service and
Bureau of Land Management. The bill is designed to resolve boundary and
land title issues between Federal and private lands. Surveys completed
in 1992 have revealed that land for years thought to be privately owned
was actually contained within the boundaries of the Plumas National
Forest, and therefore owned by the Federal Government. These landowners
have a substantial vested interest in this land which they purchased
and believed to be their own.
This situation has resulted in the clouding of the title of
approximately 30 acres of land for 16 individual landowners. H.R. 440
would rectify this matter by authorizing and directing the Secretary of
Agriculture to convey all right, title and interest in the land in
question to the claimants.
The proposed bill is specific in describing the affected property,
the claimants who are entitled to relief, and the process to be
followed in granting such relief. Also, the bill describes the process
by which the boundary adjustments will be accomplished.
I believe that the approach taken by H.R. 440 is the only equitable
solution to this matter. This legislation has no significant budget
impact since the only cost involved to the Government will be the
administration of the land conveyance. I know of no opposition to this
legislation at the local or Federal level.
Again, Mr. Chairman, this legislation is very important to the
landowners involved. These individuals have experienced significant and
protracted hardship because of this problem. The sooner Congress takes
action to remedy the situation, the sooner these people can get on with
their lives. I thank my good friend, Mr. Herger, for his diligence and
I urge my colleagues to support H.R. 440.
Mr. Chairman, I reserve the balance of my time.
Mr. RICHARDSON. Mr. Chairman, I yield myself such time as I may
consume.
(Mr. RICHARDSON asked and was given permission to revise and extend
his remarks.)
Mr. RICHARDSON. Mr. Chairman, H.R. 440 is identical to legislation
considered by the Resources Committee and passed by the House on a
voice vote in the last Congress. The measure that would resolve title
problems for 16 private landowners in Butte County, CA. These title
problems, which involve about 30 acres of land, arose because of an
incorrect boundary survey done by a private contractor for the Forest
Service in the early 1960's. The bill would remove the clouds from the
private land titles by providing for the conveyance of the involved
lands to these private landowners without cost.
For the private landowners, H.R. 440 is a generous resolution of
their title problems. Under the bill, the Federal Government will not
only convey the land without cost, it will also pick up the tab for
preparing the deeds and doing all surveys and markings.
Yes, there was an incorrect survey and yes, these private landowners
had thought the lands in question were theirs. The fact is they are
not. They are and always have been national forest lands. If this was a
title problem between private parties, I seriously doubt that one party
would say that the other parties could have the affected lands free and
clear and not only that, but the first party would pay all the costs
associated with the conveyances. That just doesn't happen in the
private sector.
I bring these facts to the House's attention not out of any malice
toward the bill but because so often on the floor we hear about
property rights and takings. When it comes though to the Federal
Government's property, as in this bill, we are asked to forget about
that and be a benevolent landowner.
I sympathize with the affected private landowners. That is why I
supported the bill in committee. I do hope that the next time we start
debating property rights and takings, that Members will remember its
not just a one-way street.
Mr. Chairman, I reserve the balance of my time.
Mr. HANSEN. Mr. Chairman, I yield 5 minutes to the gentleman from
California [Mr. Herger]. the author of this legislation.
Mr. HERGER. Mr. Chairman, I want to thank Chairman Young,
Subcommittee Chairman Hansen, and members of the Resources Committee
and Parks, Forests and Lands Subcommittee for bringing H.R. 440 to the
House floor.
H.R. 440 is a noncontroversial bill that passed this House on the
suspension calendar at the end of the 103d Congress. Due to
insufficient time, the bill did not pass the Senate. The purpose of the
bill is to clear the title of 16 parcels of land, totalling
approximately 30 acres, in the Stephens Ridge area of Butte County, CA.
Its passage would help resolve a pressing problem in my district.
In 1961 the Forest Service sanctioned a survey
establishing the boundaries of the parcels in question.

In 1992 a BLM resurvey demonstrated that an error had been made in
the 1961 survey, thereby placing a cloud on the title of the parcels.
By clearing title to these parcels, H.R. 440 provides much needed
relief to the landowners, mostly senior citizens, who are affected by
the BLM resurvey.
Mr. Chairman, these landowners purchased property in good faith
reliance on the 1961 Forest Service survey. Now, some 30 years later,
they have been told that they no longer hold clear title to their land.
This technical correction of the problem is a fair solution for all
concerned.
Mr. Chairman, the House of Representatives swiftly adopted this
legislation during the last term. I invite my colleagues to
expeditiously approve this bill again today.
Mr. RICHARDSON. Mr. Chairman, I have no further requests for time,
and I yield back the balance of my time.
Mr. HANSEN. Mr. Chairman, I have no further requests for time, and I
yield back the balance of my time.
The CHAIRMAN. Pursuant to the rule, the bill shall be considered as
read under the 5-minute rule by section, and each section shall be
considered as read.
The Clerk will designate section 1.
The text of section 1 is as follows:

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. FINDINGS AND PURPOSE.

(a) Findings.--The Congress finds and declares that--
(1) certain landowners in Butte County, California who own
property adjacent to the Plumas National Forest have been
adversely affected by certain erroneous surveys;
(2) these landowners have occupied or improved their
property in good faith and in reliance on erroneous surveys
of their properties that they believed were accurate; and
(3) the 1992 Bureau of Land Management dependent resurvey
of the Plumas National Forest will correctly establish
accurate boundaries between such forest and private lands.
(b) Purpose.--It is the purpose of this Act to authorize
and direct the Secretary of Agriculture to convey, without
consideration, certain lands in Butte County, California, to
persons claiming to have been deprived of title to such
lands.

Mr. HANSEN. Mr. Chairman, I ask unanimous consent that the bill be
printed in the Record and open to amendment at any time.
The CHAIRMAN. Is there objection to the request of the gentleman from
Utah?
There was no objection.
The text of the remainder of the bill is as follows:

SEC. 2. DEFINITIONS.

For the purpose of this Act--
(1) the term ``affected lands'' means those Federal lands
located in the Plumas National Forest in Butte County,
California, in sections 11, 12, 13, and 14, township 21
north, range 5 East, Mount Diablo Meridian, as described by
the dependent resurvey by the Bureau of Land Management
conducted in 1992, and subsequent Forest Service land line
location surveys, including all adjoining parcels where the
property line as identified by the 1992 BLM dependent
resurvey and National Forest boundary lines before such
dependent resurvey are not coincident;
(2) the term ``claimant'' means an owner of real property
in Butte County, California, whose real property adjoins
Plumas National Forest lands described in subsection (a), who
claims to have been deprived by the United
[[Page H1021]] States of title to property as a result of
previous erroneous surveys; and
(3) the term ``Secretary'' means the Secretary of
Agriculture.

SEC. 3. CONVEYANCE OF LANDS.

Notwithstanding any other provision of law, the Secretary
is authorized and directed to convey, without consideration,
all right, title, and interest of the United States in an to
affected lands as described in section 2(1), to any claimant
or claimants, upon proper application from such claimant or
claimants, as provided in section 4.

SEC. 4. TERMS AND CONDITIONS OF CONVEYANCE.

(a) Notification.--Not later than 2 years after the date of
enactment of this Act, claimants shall notify the Secretary,
through the Forest Supervisor of the Plumas National Forest,
writing of their claim to affected lands. Such claim shall be
accomplished by--
(1) a description of the affected lands claimed;
(2) information relating to the claim of ownership of such
lands; and
(3) such other information as the Secretary may require.
(b) Issuance of Deed.--(1) Upon a determination by the
Secretary that issuance of a deed for affected lands is
consistent with the purpose and requirements of this Act, the
Secretary shall issue a quitclaim deed to such claimant for
the parcel to be conveyed.
(2) Prior to the issuance of any such deed as provided in
paragraph (1), the Secretary shall ensure that--
(A) the parcel or parcels to be conveyed have been surveyed
in accordance with the Memorandum of Understanding between
the Forest Service and the Bureau of Land Management, dated
November 11, 1989;
(B) all new property lines established by such surveys have
been monumented and marked; and
(C) all terms and conditions necessary to protect third
party and Government Rights-of-Way or other interests are
included in the deed.
(3) The Federal Government shall be responsible for all
surveys and property line markings necessary to implement
this subsection.
(c) Notification to BLM.--The Secretary shall submit to the
Secretary of the Interior an authenticated copy of each deed
issued pursuant to this Act no later than 30 days after the
date such deed is issued.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as
necessary to carry out the purposes of this Act.

The CHAIRMAN. Are there amendments to the bill? If there are none,
under the rule, the Committee rises.
Accordingly the Committee rose; and the Speaker pro tempore (Mr.
Upton) having assumed the chair, Mr. Hastert, Chairman of the Committee
of the Whole House on the State of the Union, reported that that
Committee, having had under consideration the bill (H.R. 440) to
provide for the conveyance of lands to certain individuals in Butte
County, CA, he reported the bill back to the House.

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The SPEAKER pro tempore (Mr. Upton). Under the rule, the previous
question is ordered.
The bill was ordered to be engrossed and read a third time, was read
the third time, and passed, and a motion to reconsider was laid on the
table.

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