[Congressional Record Volume 161, Number 133 (Wednesday, September 16, 2015)]
[House]
[Pages H5997-H5998]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  ELKHORN RANCH AND WHITE RIVER NATIONAL FOREST CONVEYANCE ACT OF 2015

  Mr. McCLINTOCK. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1554) to require a land conveyance involving the Elkhorn 
Ranch and the White River National Forest in the State of Colorado, and 
for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1554

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Elkhorn Ranch and White 
     River National Forest Conveyance Act of 2015''.

     SEC. 2. LAND CONVEYANCE, ELKHORN RANCH AND WHITE RIVER 
                   NATIONAL FOREST, COLORADO.

       (a) Land Conveyance Required.--Consistent with the purpose 
     of the Act of March 3, 1909 (43 U.S.C. 772), all right, 
     title, and interest of the United States (subject to 
     subsection (b)) in and to a parcel of land consisting of 
     approximately 148 acres as generally depicted on the map 
     entitled ``Elkhorn Ranch Land Parcel-White River National 
     Forest'' and dated March 2015 shall be conveyed by patent to 
     the Gordman-Leverich Partnership, a Colorado Limited 
     Liability Partnership (in this section referred to as 
     ``GLP'').
       (b) Existing Rights.--The conveyance under subsection (a)--
       (1) is subject to the valid existing rights of the lessee 
     of Federal oil and gas lease COC-75070 and any other valid 
     existing rights; and

[[Page H5998]]

       (2) shall reserve to the United States the right to collect 
     rent and royalty payments on the lease referred to in 
     paragraph (1) for the duration of the lease.
       (c) Existing Boundaries.--The conveyance under subsection 
     (a) does not modify the exterior boundary of the White River 
     National Forest or the boundaries of Sections 18 and 19 of 
     Township 7 South, Range 93 West, Sixth Principal Meridian, 
     Colorado, as such boundaries are in effect on the date of the 
     enactment of this Act.
       (d) Time for Conveyance; Payment of Costs.--The conveyance 
     directed under subsection (a) shall be completed not later 
     than 180 days after the date of the enactment of this Act. 
     The conveyance shall be without consideration, except that 
     all costs incurred by the Secretary of the Interior relating 
     to any survey, platting, legal description, or other 
     activities carried out to prepare and issue the patent shall 
     be paid by GLP to the Secretary prior to the land conveyance.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. McClintock) and the gentlewoman from Michigan (Mrs. 
Dingell) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. McCLINTOCK. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and to 
include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may 
consume.
  H.R. 1554, introduced by my friend Congressman Scott Tipton of 
Colorado, would require the U.S. Forest Service to convey by patent a 
small area of land near Rifle, Colorado, to its rightful owner.
  Conflicting surveys between Federal agencies resulted in the 
inclusion of this land in the White River National Forest even though 
it was originally patented in the early 20th century and was legally 
owned by private landowners for decades. These landowners have paid 
property taxes on the acreage and have used it for a variety of 
purposes, including agriculture and grazing.
  Earlier this year, the Forest Service testified that the bill would 
``resolve a longstanding title issue associated with the property'' and 
has recommended that the area be ``confirmed in the successors in 
interest to the original patentees.''
  The bill is supported by Garfield County, Colorado, the city of 
Rifle, Colorado, and many others.
  Congressman Tipton has worked hard to correct this survey discrepancy 
and return this land to its rightful owner. I encourage my colleagues 
to vote ``yes'' on H.R. 1554.
  I reserve the balance of my time.
  Mrs. DINGELL. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 1554 will convey 148 acres of land to the Gordman-Leverich 
Partnership, a Colorado Limited Liability Partnership, and remedy a 
land dispute between a private landowner and the Forest Service.
  In 1947, an administrative error occurred that shifted the boundary 
between the Elkhorn Ranch and the White River National Forest. This 
survey placed 148 acres of private land inside the forest boundary 
without providing consideration to the landholders.
  Since then, the title to the ranch has changed hands several times, 
but the administrative error has not been corrected. This bill will 
correct the error and acknowledge the correct boundary of the Elkhorn 
Ranch, providing the current owner with a free and clear title.
  I want to thank my colleagues, Congressman Polis and Congressman 
Tipton, for their good work on this legislation. The Forest Service 
testified in support of this bill, and I urge its adoption.
  I reserve the balance of my time.
  Mr. McCLINTOCK. Mr. Speaker, I yield such time as he may consume to 
the gentleman from Colorado (Mr. Tipton), my friend who has worked 
tirelessly to correct this administrative error.
  Mr. TIPTON. I thank the chairman and the ranking member for their 
support on this legislation.
  Mr. Speaker, H.R. 1554 is a straightforward bill, which Congressman 
Polis and I introduced, to reconfirm the private ownership of 140 acres 
of land in my congressional district.
  The lands concerned were patented into two private ownerships via the 
United States land patents issued in 1914 and 1917 and 1957, but their 
ownership has come into question by virtue of the 1949 government 
survey, which showed them to be national forest land rather than 
private land.
  Long-held U.S. law specifically states that a government resurvey 
cannot take away private property or private property rights.
  Mr. Speaker, the Forest Service and the private landowners of the 
Elkhorn Ranch only became aware of the potential title issue in the 
early 2000s. Thereafter, the Forest Service conducted a lengthy and 
thorough review of the matter.
  Upon the completion of the review, both the supervisor and surveyor 
of the White River National Forest concluded that the ownership of the 
140 acres should be confirmed in the successors in interest to the 
original patentees, namely the Elkhorn Ranch.
  In reaching this conclusion, the Forest Service noted that the land 
has never been managed by the national forestland and, indeed, has been 
fenced and occupied with stock ponds to develop springs, roads, and 
other private improvements, and it has been used as private land for 
ranching and agriculture for the better part of the past 100 years.
  Mr. Speaker, this bill is a simple matter of fairness and equity to a 
private landowner to honor government land patents that were granted to 
the landowner's predecessors 60 to 100 years ago.
  The bill is supported by both the surveyor and the supervisor of the 
White River National Forest, the Garfield County Surveyor, the Garfield 
County Commissioners, the city of Rifle, Colorado Club 20, which 
represents 20 of Colorado's counties, and Piceance Energy, which has 
the lease on part of the area.
  In addition, at our hearing on H.R. 1554 in mid-June, the 
administration testified that this bill is a practical and workable way 
to address the longstanding title issue.

                              {time}  1600

  Mrs. DINGELL. Mr. Speaker, I urge all Members to support this bill.
  I yield back the balance of my time.
  Mr. McCLINTOCK. Mr. Speaker, I join the gentlewoman in requesting the 
adoption of this bill.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. McClintock) that the House suspend the 
rules and pass the bill, H.R. 1554.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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