[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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