[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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