[Congressional Record Volume 154, Number 150 (Monday, September 22, 2008)]
[House]
[Pages H8501-H8502]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   ROOSEVELT NATIONAL FOREST BOUNDARY ADJUSTMENT AND LAND CONVEYANCE

  Ms. BORDALLO. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 3299) to provide for a boundary adjustment and land 
conveyance involving Roosevelt National Forest, Colorado, to correct 
the effects of an erroneous land survey that resulted in approximately 
7 acres of the Crystal Lakes Subdivision, Ninth Filing, encroaching on 
National Forest System land, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3299

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

     SECTION 1. BOUNDARY ADJUSTMENT AND LAND CONVEYANCES, 
                   ROOSEVELT NATIONAL FOREST, COLORADO.

       (a) Boundary Adjustment.--The boundaries of Roosevelt 
     National Forest, Colorado, are hereby modified to exclude 
     from the national forest a parcel of real property consisting 
     of approximately 7 acres within the Crystal Lakes Subdivision 
     as depicted on the map entitled ``Crystal Lakes Encroachment, 
     HR 3299'' and dated July 15, 2008.
       (b) Conveyance of Land Removed From National Forest.--The 
     Secretary of Agriculture shall use the authority provided by 
     Public Law 97-465 (commonly known as the Small Tracts Act; 16 
     U.S.C. 521c-521i) to convey all right, title, and interest of 
     the United States in and to the real property excluded from 
     the boundaries of Roosevelt National Forest under subsection 
     (a) to the landowners whose real property adjoins the 
     excluded land and who, as of the date of the enactment of 
     this Act, occupy the excluded land.
       (c) Consideration.--The conveyances required by subsection 
     (b) shall be made without consideration.
       (d) Description of Real Property.--The exact acreage and 
     legal description of the land excluded from the boundaries of 
     Roosevelt National Forest under subsection (a) and conveyed 
     under subsection (b) shall be determined by a survey 
     satisfactory to the Secretary.

     SEC. 2. SALE OR EXCHANGE OF NOAA PROPERTY IN NORFOLK, 
                   VIRGINIA.

       (a) In General.--The Secretary of Commerce may sell or 
     exchange to the City of Norfolk, Virginia, in accordance with 
     chapter 13 of title 40, United States Code, real property 
     under the administrative jurisdiction of the National Oceanic 
     and Atmospheric Administration (in this section referred to 
     as ``NOAA''), including land and improvements thereon, 
     located at 538 Front Street, Norfolk, Virginia, consisting of 
     approximately 3.78 acres, if the Secretary--
       (1) determines that the conveyance is in the best interests 
     of NOAA and the Federal Government; and
       (2) has provided prior notification to the Committee on 
     Natural Resources and the Committee on Appropriations of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation and the Committee on 
     Appropriations of the Senate.
       (b) Consideration.--
       (1) In general.--For any conveyance under this section the 
     Secretary shall require the City of Norfolk to provide 
     consideration to the United States that is not less than the 
     fair market value of the property conveyed by the United 
     States.
       (2) Form.--Consideration under this subsection may include 
     any combination of--
       (A) cash or cash equivalents;
       (B) other property (either real or personal); and
       (C) consideration in-kind, including--
       (i) provision of space, goods, or services of benefit to 
     NOAA including construction, repair, remodeling, or other 
     physical improvements of NOAA property;
       (ii) maintenance of NOAA property;
       (iii) provision of office, storage, or other useable space; 
     or
       (iv) relocation services associated with conveyance of 
     property under this section.
       (3) Determination of fair market value.--The Secretary 
     shall determine fair market value for purposes of paragraph 
     (1) based upon a highest- and best-use appraisal of the 
     property conveyed under subsection (a) conducted in 
     conformance with the Uniform Appraisal Standards for 
     Professional Appraisal Practice.
       (c) Use of Proceeds.--Amounts received under subsection 
     (b)(2)(A) by the United States as proceeds of any conveyance 
     under this section shall be available to the Secretary, 
     subject to appropriation, for--
       (1) activities related to the operations of, or capital 
     improvements, to NOAA property; or
       (2) relocation and other costs associated with the sale or 
     exchange.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance of property by the United States under 
     subsection (a) as the Secretary considers appropriate to 
     protect the interest of the United States, including the 
     recoupment of any profit the City of Norfolk may realize 
     within three years after the date of conveyance to the City 
     due to resale of the property
       (e) Termination.--The authority granted to the Secretary 
     under subsections (a) and (b) shall terminate at the end of 
     the 24-month period beginning on the date of enactment of 
     this Act if no contract for sale or exchange under subsection 
     (a) has been entered into by the City of Norfolk and the 
     United States.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from Alaska (Mr. Young) each will 
control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Madam Speaker, H.R. 3299, introduced by Representative 
Musgrave from Colorado, would provide for a boundary adjustment in land 
conveyances involving the Roosevelt National Forest in Colorado to 
correct the effects of an erroneous land survey.
  This bill responds to an ongoing boundary dispute between the Forest 
Service and private land owners with property adjacent to the forest.
  Madam Speaker, we have no objections to H.R. 3299.
  Madam Speaker, I reserve the balance of my time.
  Mr. YOUNG of Alaska. Madam Speaker, I yield myself such time as I may 
consume.

[[Page H8502]]

  Madam Speaker, I wish to congratulate Congresswoman Musgrave on this 
bill. H.R. 3299 provides a legislative solution for a number of 
homeowners in Larimer County, Colorado, who own real property adjacent 
to the Roosevelt National Forest and have occupied or improved their 
property in good faith and in reliance on 1975 land surveys.
  A recent forest resurvey now claims that a small portion of the 
Roosevelt National Forest is occupied by these adjacent land owners. 
This bill conveys approximately seven acres occupied by the affected 
landowners to those landowners and is long overdue.
  Madam Speaker, I yield back the balance of my time.
  Ms. BORDALLO. Madam Speaker, I again urge all Members to support this 
important piece of legislation, and I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 3299, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to provide for a 
boundary adjustment and land conveyances involving Roosevelt National 
Forest, Colorado, to correct the effects of an erroneous land survey 
that resulted in approximately 7 acres of the Crystal Lakes 
Subdivision, Ninth Filing, encroaching on National Forest System land, 
and for other purposes.''.
  A motion to reconsider was laid on the table.

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