[Senate Report 104-45]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 68
104th Congress                                                   Report
                                 SENATE

 1st Session                                                     104-45
_______________________________________________________________________


 
            CONVEYANCE OF LANDS IN BUTTE COUNTY, CALIFORNIA

                                _______


    April 7 (legislative day, April 5), 1995.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 440]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 440) to provide for the conveyance of 
lands to certain individuals in Butte County, California, 
having considered the same, reports favorably thereon without 
amendment and recommends that the Act do pass.

                         purpose of the measure

    The purpose of H.R. 440, as ordered reported, is to resolve 
boundary issues caused by erroneous surveys between Federal and 
private lands along the boundary of the Plumas National Forest 
in California.

                          background and need

    The lands affected by H.R. 440 are located in an area known 
as Stephens Ridge in Butte County, California. Prior to 1992, 
this land was considered to be outside the boundaries of the 
Plumas National Forest and held in private ownership. In 1961, 
the Forest Service accepted the results of a survey that 
located a new corner of the National Forest because the 
surveyor evidently could not locate the original corner. This 
survey was used as a basis for establishing boundaries of 
adjacent private lands.
    A 1992 BLM resurvey and subsequent Forest Service land line 
location surveys have demonstrated that approximately 30 acres 
of public lands are within the National Forest boundary and 
therefore technically in the ownership of the United States. 
H.R. 440 would authorize and direct the Secretary of 
Agriculture to convey, without consideration, all right, title, 
and interest of the United States to these lands to 16 
claimants.

                          legislative history

    H.R. 440, introduced by Representative Herger, passed the 
House of Representatives by voice vote on February 1, 1995 and 
was referred to the Senate Committee on Energy and Natural 
Resources. Companion legislation, S. 99, was introduced by 
Senator Feinstein on January 4, 1994.
    In the 103rd Congress, similar legislation was introduced 
in both the House and the Senate. The Subcommittee on Public 
Lands, National Parks and Forests held a hearing on H.R. 457 
and S. 399 on August 4, 1994. The Department of Agriculture 
testified in support of H.R. 457, with technical corrections.
    At the business meeting on September 21, 1994, the 
Committee on Energy and Natural Resources ordered H.R. 457 
favorably reported, without amendment.
    At the business meeting on March 15, 1995, the Committee on 
Energy and Natural Resources ordered H.R. 440 favorably 
reported without amendment.

           committee recommendations and tabulation of votes

    The Committee on Energy and Natural Resources, in open 
business session on March 15, 1995, by a unanimous vote of a 
quorum present, recommends that the Senate pass H.R. 440 
without amendment.
    The roll call vote on reporting the measure was 18 yeas, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Hatfield \1\
Mr. Domenici
Mr. Nickles \1\
Mr. Craig
Mr. Campbell
Mr. Thomas
Mr. Kyl \1\
Mr. Grams
Mr. Jeffords \1\
Mr. Burns
Mr. Johnston
Mr. Bumpers
Mr. Ford
Mr. Bradley
Mr. Bingaman \1\
Mr. Akaka
Mr. Wellstone

    \1\ Indicates voted by proxy.

                      section-by-section analysis

    Section 1 sets forth Congressional findings and purposes.
    Section 2 provides legal descriptions of the affected lands 
and defines certain terms used in the bill.
    Section 3 directs the Secretary of Agriculture (the 
``Secretary'') to convey lands described in section 2 of this 
bill to any claimant who has completed the proper application.
    Section 4(a) requires claimants to provide written notice 
of the Secretary of their claim to the affected lands.
    Subsection (b) requires the Secretary to issue a quitclaim 
deed for affected lands, provided that the Secretary has 
determined that such issuance is consistent with the purposes 
and requirements of the bill; that the parcel(s) to be conveyed 
have been surveyed in accordance with the Memorandum of 
Understanding between the Forest Service and BLM dated November 
11, 1989; that all new property lines established by such 
surveys have been marked; and Government rights-of-way and 
other interests are protected in the deed. The subsection 
further requires the Federal government to be responsible for 
all surveys and markings to implement the subsection.
    Subsection (c) requires the Secretary to submit a copy of 
each deed issued pursuant to this Act to the Secretary of the 
Interior within 30 days of the issuance of the deed.
    Section 5 authorizes the appropriation of such sums as are 
necessary to carry out the purposes of the Act.

                   cost and budgetary considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 20, 1995.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 440, an act to provide for the conveyance of 
lands to certain individuals in Butte County, California, as 
ordered reported by the Senate Committee on Energy and Natural 
Resources on March 15, 1995. We estimate that enactment of this 
legislation would not result in any significant costs to the 
federal government.
    H.R. 440 would authorize and direct the Secretary of 
Agriculture to convey, without consideration, certain lands in 
Butte Count, California, that are adjacent to the Plumas 
National Forest. These lands had previously been considered 
private lands based on erroneous surveys, but recently have 
been determined to be part of the national forest. This act 
would authorize and direct the Secretary to convey the lands to 
landowners who believed the land was their property before more 
accurate surveys were conducted, and would authorize the 
appropriation of such sums as necessary to carry out the 
provisions of the act.
    Based on information from the Forest Service, CBO estimates 
that this land conveyance would not result in significant 
additional costs to the federal government or to state and 
local governments.
    If the Department of Agriculture were to sell these parcels 
of land, the federal government would receive additional 
offsetting receipts Since H.R. 440 would authorize the 
Secretary to give them away, this act would result in direct 
spending (i.e., a loss of offsetting receipts) if the land 
would otherwise be sold. Thus, pay-as-you-go procedures would 
apply to this act. Based on information from the Forest 
Service, however, CBO believes that the department is not 
likely to sell the land in any case. Accordingly, CBO estimates 
that H.R. 440 would result in no direct spending.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Theresa 
Gullo.
            Sincerely,
                                         June E. O'Neill, Director.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 440. The Act is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 440, as ordered reported.

                        executive communications

    On March 21, 1995, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Agriculture, the Department of the Interior and the Office of 
Management and Budget setting forth Executive agency 
recommendations on H.R. 440. These reports had not been 
received at the time the report on H.R. 440 was filed. When 
these reports become available, the Chairman will request that 
they be printed in the Congressional Record for the advice of 
the Senate.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the Act H.R. 440, as 
ordered reported.