[Congressional Record Volume 149, Number 141 (Wednesday, October 8, 2003)]
[House]
[Pages H9331-H9332]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONVEYANCE OF CERTAIN NATIONAL FOREST SYSTEM LANDS IN MENDOCINO
NATIONAL FOREST, CALIFORNIA
Mr. CANNON. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 708) to require the conveyance of certain National Forest
Systems lands in Mendocino National Forest, California, to provide for
the use of the proceeds from such conveyance for National Forest
purposes, and for other purposes.
The Clerk read as follows:
H.R. 708
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. LAND CONVEYANCE, FARAWAY RANCH, MENDOCINO NATIONAL
FOREST, CALIFORNIA.
(a) Conveyance Required.--Subject to subsection (b), the
Secretary of Agriculture shall convey to the owner of the
property known as the Faraway Ranch in Lake County,
California (in this section referred to as the
``recipient''), by quitclaim deed, all right, title, and
interest of the United States in and to the following
National Forest System lands in Mendocino National Forest in
Lake County, California:
(1) ``Faraway Ranch, Tract 39'' (approximately 15.8 acres),
consisting of a portion of lot 6 of section 4, township 18
north, range 10 west, Mount Diablo base and meridian, as
generally depicted on the map entitled ``Faraway Ranch,
Tracts 39 and 40'' and dated June 30, 2002.
(2) ``Faraway Ranch, Tract 40'' (approximately 105.1 acres)
consisting of a portion of the N\1/2\SW\1/4\ and lot 7 of
section 4, and a portion of lots 15 and 16 of section 5,
township 18 north, range 10 west, Mount Diablo base and
meridian, as generally depicted on the map referred to in
paragraph (1).
(b) Time for Conveyance.--The Secretary shall make the
conveyance under subsection (a) not later than 120 days after
the date on which the recipient deposits sufficient funds
with the Bureau of Land Management, California State Office,
Branch of Geographic Services, to cover survey work costs and
with the Forest Service, Mendocino National Forest, to cover
Forest Service direct transaction costs described in
subsection (e).
(c) Corrections.--With the agreement of the recipient, the
Secretary may make minor corrections to the legal
descriptions and map of the lands to be conveyed pursuant to
this section.
(d) Consideration.--As consideration for the conveyance
under subsection (a), the recipient shall pay to the
Secretary an amount equal to the fair market value of the
National Forest System lands conveyed under such subsection.
The fair market value of such lands shall be determined by an
appraisal that is acceptable to the Secretary and conforms
with the Federal appraisal standards, as defined in the
Uniform Appraisal Standards for Federal Land Acquisitions
developed by the Interagency Land Acquisition Conference.
(e) Payment of Costs.--All direct transaction costs
associated with the conveyance under section (a), including
the costs of appraisal, title, and survey work, shall be paid
by the recipient.
(f) Use of Proceeds.--
(1) Deposit.--The Secretary shall deposit the amounts
received by the Secretary as consideration under subsection
(d) in the fund established by Public Law 90-171 (commonly
known as the Sisk Act; 16 U.S.C. 484a).
(2) Use.--Funds deposited under paragraph (1) shall be
available to the Secretary until expended, without further
appropriation--
(A) for the acquisition of land and interests in land for
National Forest System purposes in the State of California;
and
(B) for reimbursement of costs incurred by the Forest
Service in making the conveyance under subsection (a).
(3) Status of acquired land.--Notwithstanding Public Law
85-862 (16 U.S.C. 521a), any lands acquired under paragraph
(2)(A) shall be managed as lands acquired under the Act of
March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C.
480, 500, 515 et seq.), regardless of whether any of the
lands conveyed under subsection (a) were reserved from the
public domain.
(g) Withdrawal.--Subject to valid existing rights, the
lands to be conveyed under subsection (a) are hereby
withdrawn from all forms of location, entry, and patent under
the public land laws and the mining and mineral leasing laws
of the United States.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Cannon) and the gentleman from Washington (Mr. Inslee) each
will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Cannon).
(Mr. CANNON asked and was given permission to revise and extend his
remarks.)
Mr. CANNON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 708, sponsored by the gentleman from California
(Mr. Thompson), would require the conveyance of certain National Forest
System lands in the Mendocino National Forest, California, to provide
for the use of the proceeds from such conveyance for National Forest
purposes, and for other purposes.
This legislation would resolve a long-standing problem regarding the
property boundary between the Mendocino National Forest and the Faraway
Ranch in rural northern California. I urge support of the legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. INSLEE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 708 would correct a survey error by directing the
Secretary of Agriculture to convey 120 acres of Forest Service land to
the owner of the Faraway Ranch in California. In exchange, the rancher
would pay fair market value for the lands.
We support this legislation sponsored by the gentleman from
California (Mr. Thompson), who has been a tremendous advocate to get
this long-standing issue resolved and has done a great job in his
district. We urge the bill's adoption.
Mr. Speaker, I yield such time as he may consume to the gentleman
from California (Mr. Thompson).
Mr. THOMPSON of California. Mr. Speaker, I thank the gentleman from
Washington for yielding me this time, and I also thank the gentleman
from Utah (Mr. Cannon) and the gentleman from Washington for the
opportunity to speak on this bill. I would also like to thank the
chairman of the committee, the gentleman from California (Mr. Pombo),
and the ranking member, the gentleman from West Virginia (Mr. Rahall),
for their help in finally resolving this long-standing problem.
I want to mention to all of the Members that this bill was passed by
this House unanimously last year. Unfortunately, it was part of the
omnibus bill that never made it out of the other body.
But as everyone has mentioned, this takes care of a problem that has
been festering for quite some time over a disputed boundary line. This
bill would convey 120 acres of National Forest Service property to a
landowner, the owner of the Faraway Ranch, for fair market value. He
would not only pay the fair market value for the land, but he would
also pay all of the costs associated with the transfer and any
surveying that needs to be done. Then the Forest Service will be able
to take that money and purchase from willing sellers other property
within the confines of this forest to allow them to better
[[Page H9332]]
manage our incredibly valuable national resource.
This is a good bill. It has no opposition and would take care of a
long-standing problem. I would appreciate the support of all of my
colleagues in making sure this is passed and signed into law.
Mr. INSLEE. Mr. Speaker, I yield back the balance of my time.
Mr. CANNON. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Cannon) that the House suspend the rules and
pass the bill, H.R. 708.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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