[Congressional Record Volume 158, Number 59 (Tuesday, April 24, 2012)]
[House]
[Pages H2045-H2046]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   CONVEYANCE OF LAND TO CORRECT ERRONEOUS SURVEY, COCONINO NATIONAL 
                            FOREST, ARIZONA

  Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 1038) to authorize the conveyance of two small parcels 
of land within the boundaries of the Coconino National Forest 
containing private improvements that were developed based upon the 
reliance of the landowners in an erroneous survey conducted in May 
1960, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1038

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

     SECTION 1. CONVEYANCE OF LAND TO CORRECT ERRONEOUS SURVEY, 
                   COCONINO NATIONAL FOREST, ARIZONA.

       (a) Conveyance Authorized.--The Secretary of Agriculture 
     may convey by quitclaim deed all right, title, and interest 
     of the United States in and to the two parcels of land 
     described in subsection (b) to a person or legal entity that 
     represents (by power of attorney) the majority of landowners 
     with private property adjacent to the two parcels. These 
     parcels are within the boundaries of the Coconino National 
     Forest and contain private improvements that were developed 
     based upon the reliance of the landowners in an erroneous 
     survey conducted in May 1960.
       (b) Description of Land.--The two parcels of land 
     authorized for conveyance under subsection (a) consist of 
     approximately 2.67 acres described in the Bureau of Land 
     Management's Survey Plat titled Subdivision and Metes and 
     Bounds Surveys in secs. 28 and 29, T. 20 N., R. 7 E., Gila 
     and Salt River Meridian approved February 2, 2010, as 
     follows:
       (1) Lot 2, sec. 28, T. 20 N., R. 7 E., Gila and Salt River 
     Meridian, Coconino County, Arizona.
       (2) Lot 1, sec. 29, T. 20 N., R. 7 E., Gila and Salt River 
     Meridian, Coconino County, Arizona.
       (c) Consideration.--
       (1) Amount of consideration.--As consideration for the 
     conveyance of the two parcels under subsection (a), the 
     person or legal entity that represents (by power of attorney) 
     the majority of landowners with private property adjacent to 
     the parcels shall pay to the Secretary consideration in the 
     amount of $20,000.
       (2) Deposit.--The Secretary shall deposit the consideration 
     received under this subsection in a special account in the 
     fund established under Public Law 90 171 (commonly known as 
     the Sisk Act; 16 U.S.C. 484a).
       (3) Use.--The deposited funds shall be available to the 
     Secretary, without further appropriation and until expended, 
     for acquisition of land in the National Forest System.
       (d) Revocation of Orders.--Any public orders withdrawing 
     any of the Federal land from appropriation or disposal under 
     the public land laws are revoked to the extent necessary to 
     permit conveyance of the Federal land under subsection (a).
       (e) Withdrawal of Federal Land.--Subject to valid existing 
     rights, the Federal land authorized for conveyance under 
     subsection (a) is withdrawn from all forms of entry and 
     appropriation under the public land laws, location, entry, 
     and patent under the mining laws, and operation of the 
     mineral leasing and geothermal leasing laws until the date 
     which the conveyance is completed.
       (f) Other Terms and Conditions.--The conveyance authorized 
     by subsection (a) shall be subject only to those surveys and 
     clearances as needed to protect the interests of the United 
     States.
       (g) Duration of Authority.--The authority provided under 
     this section shall terminate three years after the date of 
     the enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Bishop) and the gentlewoman from Massachusetts (Ms. Tsongas) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Utah.


                             General Leave

  Mr. BISHOP of Utah. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days 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 Utah?
  There was no objection.
  Mr. BISHOP of Utah. And for some obvious reasons, I yield such time 
as he may consume to the gentleman from Arizona (Mr. Gosar), the 
sponsor of this bill that solves some real problems, for the 
introduction of this particular bill.

[[Page H2046]]

  Mr. GOSAR. Mr. Speaker, I rise today in support of my legislation, 
H.R. 1038, legislation that settles a Federal land boundary dispute in 
the Mountainaire subdivision in Coconino County, Arizona. This 
legislation is a commonsense solution to an incomprehensible Federal 
land situation.
  In 1961, the Federal Government conducted a survey in which several 
acres of the United States Forest Service land were misidentified as 
private property. It was not until 2007, when the Federal Government 
contracted another private survey, that the mistakes were realized, and 
the residents of the Mountainaire neighborhood were informed of these 
errors.
  Until the 2007 survey, many of these residents had maintained these 
parcels and had developed them as their own for years and, in some 
cases, decades. In essence, the Federal Government seized lands that 
residents had maintained, developed, and paid taxes on for years.
  So what does this mean?
  On some of these parcels, the revised boundary goes right through the 
portions of the residents' homes, literally right through people's 
homes. Can you imagine the Forest Service, if they told you we own half 
of your living room?
  Questions associated with the land ownership have plummeted property 
values in the neighborhood and prevented a number of owners from 
selling their homes.
  For years, the residents of this neighborhood have tried to work 
individually with the Forest Service to settle the situation 
administratively. It did not work. So I put forth this legislation to 
solve the problem immediately.
  H.R. 1038 authorizes the Forest Service to convey all rights, titles, 
and interests in approximately 2.67 acres of the Coconino National 
Forest to the homeowners. It will provide much-needed relief to my 
constituents in the Mountainaire subdivision in Coconino County.
  In exchange for the land, the homeowners pay a fee. The $20,000, 
required in the bill, which was agreed to by all parties, including 
representatives from the local national forest, is based on precedence, 
the Northern Arizona Land Exchange legislation. This legislation 
pertained to a small piece of property within the same county.
  Frankly, I do not believe these constituents should have to pay 
anything to retain property rights on land they have developed and paid 
taxes on as property owners for decades. However, I have agreed to this 
compromise, a compromise agreed upon by all parties, because my 
constituents need this situation fixed now.
  The Forest Service does not want to own these people's living rooms, 
and the property owners certainly don't want to share their homes or 
yards with the Forest Service. This bill is a no-brainer. Everyone 
supports it, including the administration.
  Before I conclude, I want to thank the residents of the Mountainaire 
neighborhood and Coconino County. They worked with my office to put 
together a video, to call members of the committee, and to advocate on 
behalf of this bill. Without this teamwork, we would not have garnered 
unanimous support at the committee level and would not be voting on 
this bill today.
  I would also like to thank Chairmen Hastings and Bishop and their 
staffs for pushing this bill forward. While this bill affects a small 
amount of land, it is vital to the livelihoods of my constituents that 
are affected.
  It is not often that Congress gets the opportunity to take up 
noncontroversial legislation like H.R. 1038. I encourage my colleagues 
to vote in favor of this legislation and relieve my constituents of 
this financially burdensome situation.
  Ms. TSONGAS. Mr. Speaker, I yield myself such time as I may consume.
  (Ms. TSONGAS asked and was given permission to revise and extend her 
remarks.)
  Ms. TSONGAS. Mr. Speaker, this bill corrects a survey error made in 
the 1960s. The landowners will be required to pay $20,000 for these two 
parcels. We have no objections to Congressman Gosar's legislation.
  I reserve the balance of my time.
  Mr. BISHOP of Utah. We have no other speakers. I'd ask if there are 
other speakers on your side.
  Ms. TSONGAS. We have no other speakers.
  Mr. BISHOP of Utah. I am ready to close if you're ready to yield 
back.
  Ms. TSONGAS. I yield back the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, as has been said, this is a problem. 
It's sad that it has to come all the way to the Congress to actually 
solve this problem, but it is being solved; and I appreciate the 
gentleman from Arizona's hard work in trying to help his constituents 
out.
  I would encourage our Members to support this bill, and 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. Bishop) that the House suspend the rules and 
pass the bill, H.R. 1038, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BISHOP of Utah. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

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