[Congressional Record Volume 155, Number 125 (Tuesday, September 8, 2009)]
[House]
[Pages H9292-H9293]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   ROOSEVELT NATIONAL FOREST BOUNDARY ADJUSTMENT AND LAND CONVEYANCES

  Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1858) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1858

       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.
       (e) Cancellation of Portion of Unobligated Balance in FLREA 
     Special Account.--The amount available for obligation as of 
     the date of the enactment of this Act from the unobligated 
     balance in the special account established for the Forest 
     Service under section 807 of the Federal Lands Recreation 
     Enhancement Act (16 U.S.C. 6806) is reduced by a total of 
     $200,000, and the amount so reduced is hereby cancelled.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Grijalva) and the gentleman from Colorado (Mr. Lamborn) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona.


                             General Leave

  Mr. GRIJALVA. Mr. Speaker, I ask unanimous consent that all Members 
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 
gentleman from Arizona?
  There was no objection.
  Mr. GRIJALVA. Mr. Speaker, H.R. 1858, introduced by Representative 
Betsy Markey of Colorado, would provide for a boundary adjustment and 
land conveyances involving the Roosevelt National Forest in Colorado to 
correct the effects of erroneous land survey. The bill responds to an 
ongoing boundary dispute between the Forest Service and private land 
owners with property adjacent to the forest.
  Mr. Speaker, I want to commend our colleague, Representative Markey, 
for her work on this bill. As a freshman, she has demonstrated 
remarkable ability to get things done on behalf of her constituents. I 
ask my colleagues to support passage of H.R. 1858.
  I reserve the balance of my time.
  Mr. LAMBORN. Mr. Speaker, I yield myself such time as I may consume.
  This bill provides a legislative solution for a number of homeowners 
in Larimer County, Colorado, who own real property adjacent to the 
Roosevelt National Forest. These homeowners have occupied or improved 
their property in good faith and in reliance on 1975 land surveys.
  It was introduced in the last Congress by Congresswoman Marilyn 
Musgrave. It is needed to resolve the issue fairly because a recent 
Forest Service resurvey now claims that a small portion of Roosevelt 
National Forest is occupied by these adjacent landowners.
  This bill conveys approximately 7 acres occupied by the affected 
landowners to those landowners, and I support its passage.
  I reserve the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, at this point let me yield as much time as 
she may consume to the sponsor of the legislation, Representative 
Markey.
  Ms. MARKEY of Colorado. Mr. Speaker, I rise today to support H.R. 
1858 and for private property rights.

[[Page H9293]]

Imagine for a moment that the Federal Government sent you a 
notification that you need to repurchase land that you have owned for 
over 30 years. This is exactly what happened to landowners in the 
Crystal Lakes subdivision on the border of the Roosevelt National 
Forest.
  When the Crystal Lakes subdivision was developed in 1975, an 
inaccurate land survey resulted in a 7-acre overlap with the U.S. 
Forest Service land. In 2006, the Crystal Lakes landowners were 
notified that parts of their property were on Federal land, and they 
would be required to purchase this land at current market price from 
the Forest Service.
  It is simply unacceptable in these tough economic times to penalize 
the Crystal Lakes landowners for a mistake made through no fault of 
their own and a mistake the Federal Government has waited for over 30 
years to rectify. The current property value is, without question, 
higher than it was at the time of the sale in the 1970s and 1980s.
  If forced to repurchase their land, some landowners may be in danger 
of foreclosure. These property owners have bought their land in good 
faith and have been paying taxes on that land.
  While I support the national forest system and the need to preserve 
land in the West for future generations, for the Federal Government to 
ask these landowners to repurchase land they have owned for decades 
stands against reason.
  Therefore, I urge all my colleagues to vote for H.R. 1858 today to 
adjust the boundaries of the Roosevelt National Forest in Colorado. 
With your vote, we can ensure the landowners in Crystal Lakes will be 
able to remain on their land.
  Mr. LAMBORN. Mr. Speaker, I commend my colleague from Colorado for 
bringing this bill. She is building on the good work that was begun by 
her predecessor, Congresswoman Marilyn Musgrave. This is a bill that I 
would urge all of my colleagues to support.
  I yield back the balance of my time.
  Mr. GRIJALVA. 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 Arizona (Mr. Grijalva) that the House suspend the rules 
and pass the bill, H.R. 1858, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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