[House Report 105-359]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-359
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         LAND CONVEYANCES, CARSON AND SANTA FE NATIONAL FORESTS

                                _______
                                

October 30, 1997.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

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  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 434]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 434) to provide for the conveyance of small parcels of 
land in the Carson National Forest and the Santa Fe National 
Forest, New Mexico, to the village of El Rito and the town of 
Jemez Springs, New Mexico, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. LAND CONVEYANCE, CARSON NATIONAL FOREST, NEW MEXICO.

  (a) Conveyance Required.--The Secretary of Agriculture shall convey 
through sale or exchange to the County of Rio Arriba for the benefit of 
the village of El Rito, New Mexico (in this section referred to as ``El 
Rito''), all right, title, and interest of the United States in and to 
a parcel of real property, together with any improvements thereon, 
consisting of approximately 5 acres located in the Carson National 
Forest in the State of New Mexico.
  (b) Description of Property.--The exact acreage and legal description 
of the real property conveyed under subsection (a) shall be determined 
by a survey satisfactory to the Secretary. The cost of the survey shall 
be borne by the Forest Service.
  (c) Lands Acquired in Exchange From Rio Arriba County.--Except as 
provided in this Act, any exchange of lands under subsection (a) shall 
be processed in accordance with the rules of the Secretary of 
Agriculture setting forth the procedures for conducting exchanges of 
National Forest System lands (36 CFR part 254). Any lands to be 
conveyed to the United States in such an exchange shall beacceptable to 
the Secretary and shall be subject to such valid existing rights or 
record as may be acceptable to the Secretary. Title to such land shall 
conform with the title approval standards applicable to Federal land 
acquisitions.
  (d) Valuation and Appraisals.--Values of any lands exchanged pursuant 
to subsection (a) shall be equal as determined by the Secretary. If, 
due to size, location, or use of lands exchanged under subsection (a), 
the values are not exactly equal, they shall be equalized by the 
payment of cash. The Secretary may accept cash equalization payments in 
excess of 25 per centum of the total value of the Federal lands 
exchanged. Value of any lands sold to the County of Rio Arriba shall be 
on the basis of fair market value as determined by the Secretary.
  (e) Disposition of Funds.--Payments from a sale under subsection (a) 
or cash equalization payments may be made in equal installments for a 
period not to exceed 10 years. Any funds received by the Secretary 
through the sale or by cash equalization shall be deposited into the 
fund established by the Act of December 4, 1967 (16 U.S.C. 484a), known 
as the Sisk Act, and shall be available for expenditure, upon 
appropriation, for the acquisition of lands and interests in lands in 
the State of New Mexico.
  (f) Status of Lands.--Upon approval and acceptance of title by the 
Secretary, any lands acquired by the United States pursuant to 
subsection (a) shall become part of the Carson National Forest and the 
boundaries of the National Forest shall be adjusted to encompass such 
lands. Such lands shall be managed in accordance with the Act of March 
1, 1911 (commonly known as the ``Weeks Law'') (36 Stat. 961), and shall 
be administered by the Secretary of Agriculture in accordance with the 
laws and regulations pertaining to the National Forest System. This 
section shall not limit the Secretary's authority to adjust the 
boundaries of the Carson National Forest pursuant to section 11 of the 
Act of March 1, 1911 (``Weeks Act''). For the purposes of section 7 of 
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9), 
the boundaries of the Carson National Forest, as adjusted by this Act, 
shall be considered to be boundaries of the Forest as of January 1, 
1965.

SEC. 2. LAND CONVEYANCE, SANTA FE NATIONAL FOREST, NEW MEXICO.

  (a) Conveyance Required.--The Secretary of Agriculture shall convey, 
through exchange, to the town of Jemez Springs, New Mexico (in this 
section referred to as ``Jemez Springs''), all right, title, and 
interest of the United States in and to a parcel of real property, 
together with any improvements thereon, consisting of approximately 1 
acre located in the Santa Fe National Forest in the State of New 
Mexico.
  (b) Description of Property.--The exact acreage and legal description 
of the real property conveyed under subsection (a) shall be determined 
by a survey satisfactory to the Secretary. The cost of the survey shall 
be borne by the Forest Service.
  (c) Lands Acquired in Exchange From the Town of Jemez Springs.--
Except as provided in this Act, any exchange of lands under subsection 
(a) shall be processed in accordance with the rules of the Secretary of 
Agriculture setting forth the procedures for conducting exchanges of 
National Forest System lands (36 CFR part 254). Any lands conveyed to 
the United States in such an exchange shall be acceptable to the 
Secretary and shall be subject to such valid existing rights or record 
as may be acceptable to the Secretary. Title to such land shall conform 
with the title approval standards applicable to Federal land 
acquisitions.
  (d) Valuation and Appraisals.--Values of any lands to be exchanged 
pursuant to subsection (a) shall be equal as determined by the 
Secretary. If, due to size, location, or use of lands exchanged under 
section 1(a), the values are not exactly equal, they shall be equalized 
by the payment of cash. The Secretary may accept cash equalization 
payments in excess of 25 per centum of the total value of the involved 
Federal lands exchanged.
  (e) Disposition of Funds.--Payments for any cash equalization for the 
exchange under subsection (a) may be made in equal installments for a 
period of not to exceed 10 years. Any funds received by the Secretary 
through the cash equalization shall be deposited into the fund 
established by the Act of December 4, 1967 (16 U.S.C. 484a), known as 
the Sisk Act, and shall be available for expenditure, upon 
appropriation, for the acquisition of lands and interests in lands in 
the State of New Mexico.
  (f) Status of Lands.--Upon approval and acceptance of title by the 
Secretary, any lands acquired by the United States pursuant to 
subsection (a) shall become part of the Santa Fe National Forest and 
the boundaries of the National Forest shall be adjusted to encompass 
such lands. Such lands shall be managed in accordance with the Act of 
March 1, 1911 (commonly known as the ``Weeks Law'') (36 Stat. 961), and 
shall be administered by the Secretary of Agriculture in accordance 
with the laws and regulations pertaining to the National Forest System. 
This section does not limit the Secretary's authority to adjust the 
boundaries of the Carson National Forest pursuant to section 11 of the 
Act of March 1, 1911 (``Weeks Act''). For the purposes of section 7 of 
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9), 
the boundaries of the Santa Fe National Forest, as adjusted by this 
Act, shall be considered to be boundaries of the Forest as of January 
1, 1965.

                          PURPOSE OF THE BILL

    The purpose of H.R. 434 is to provide for the conveyance of 
small parcels of land in the Carson National Forest and the 
Santa Fe National Forest, New Mexico, to the village of El Rito 
and the town of Jemez Springs, New Mexico.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 434 would provide for the conveyance of small parcels 
of land in the Carson National Forest and the Santa Fe National 
Forest to two small villages in New Mexico. The land shall be 
sold or exchanged to the County of Rio Arriba for the benefit 
of the village of El Rito and exchanged with the town of Jemez 
Springs, New Mexico. The sale and exchange shall be based on 
appraisals to determine fair market value.
    The El Rito is an unincorporated village with a very small 
population. H.R. 434 calls for the Secretary of Agriculture to 
convey five acres located in the Carson National Forest for the 
purpose of a public cemetery. The conveyance would allow the 
community to expand the existing Martinez cemetery. H.R. 434 
does contain a clause that states that if the Secretary of 
Agriculture determines that the property conveyed to El Rito is 
not being used as a cemetery, then the five acres will revert 
back to the Department of Agriculture.
    The lands encompassing the area known as the Martinez 
cemetery were purchased as part of the larger Juan Jose Land 
Grant acquisition by the federal government in the 1940s. A 
small cemetery existed at that time and was mentioned as an 
encumbrance in the deed.
    The second part of the bill requires the Secretary of 
Agriculture to convey, without consideration, to the town of 
Jemez Springs, New Mexico, one acre of land within the town to 
construct a fire sub-station for Jemez Springs. The land is 
currently located within the boundaries of the Santa Fe 
National Forest. H.R. 434 contains a clause that states that if 
the Secretary of Agriculture determines that the property 
conveyed to Jemez Springs is not being used as a fire station, 
then the acre will revert back to the Department of 
Agriculture.
    In 1993, the Jemez National Recreation Area was carved out 
of the Santa Fe National Forest. The town of Jemez Springs was 
transformed from an obscure little village located in the Santa 
Fe National Forest to a little community hosting over one 
million visitors annually. The community of 460 people now 
faces problems associated with much larger cities.
    With the increased number of visitors, one of the biggest 
problems facing Jemez Springs is fire control. The 1996 New 
Mexico legislature appropriated funds for the town to construct 
a much needed substation for the fire department. Without the 
necessary funds to purchase land to locate the substation, the 
town approached former Congressman Bill Richardson (D-NM). He 
in turn introduced H.R. 434 to resolve the town's problem.

                            COMMITTEE ACTION

    H.R. 434 was introduced on January 9, 1997, by Congressman 
Richardson. The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Forests and Forest Health. On September 25, 1997, the 
Subcommittee held a hearing on H.R. 434, where the 
Administration, Congressman Bill Redmond (R-NM) and Mayor David 
Sanchez of Jemez Springs, New Mexico, testified. Congressman 
Redmond (who succeeded Congressman Richardson) and Mayor 
Sanchez testified in support of passage of H.R. 434. The 
Administration testified in opposition to passage of H.R. 434 
as it was introduced. The Administration stated at the hearing 
that it would be willing to work with Congressman Redmond and 
the Committee to draft appropriate amendment to the bill to 
assure that the federal government receives fair market value 
for the lands conveyed to the village of El Rito and the town 
of Jemez Springs. It also recommended that the bill be amended 
to specifically identify the parcels of lands involved. On 
October 7, 1997, the Subcommittee met to mark up H.R. 434. An 
amendment to resolve the Administration's concerns and assure 
that the federal government receives fair market value for the 
lands conveyed to the village of El Rito and the town of Jemez 
Springs was offered by Congresswoman Helen Chenoweth (R-ID) on 
behalf of Congressman Redmond, and adopted by voice vote. The 
bill was then ordered favorably reported to the Full Committee 
by voice vote. On October 22, 1997, the Full Resources 
Committee met to consider H.R. 434. No further amendments were 
offered, and the bill as amended was ordered favorably reported 
to the House of Representatives by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 434.

                        COST OF THE LEGISLATION

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 434. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     COMPLIANCE WITH HOUSE RULE XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
434 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office, 
enactment of H.R. 434 could affect direct spending, but such 
effects would total less than $50,000 over the 1998-2002 
period.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 434.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 434 
from the Director of the Congressional Budget Office.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 29, 1997.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 434, a bill to 
provide for the conveyance of small parcels of land in the 
Carson National Forest and the Santa Fe National Forest, New 
Mexico, to the village of El Rito and the town of Jemez 
Springs, New Mexico.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Victoria V. 
Heid.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 434--A bill to provide for the conveyance of small parcels of land 
        in the Carson National Forest and the Santa Fe National Forest, 
        New Mexico, to the village of El Rito and the town of Jemez 
        Springs, New Mexico

    H.R. 434 would direct the Secretary of Agriculture to 
convey, through sale or exchange about five acres of federal 
land in the Carson National Forest to the county of Rio Arriba 
to benefit the village of El Rito, New Mexico. The bill also 
would direct the Secretary to convey, through exchange, about 
one acre of federal land in the Santa Fe National Forest to the 
town of Jemez Springs, New Mexico. Any land acquired by the 
United States in the exchanges would become part of the Carson 
and Santa Fe National Forests.
    CBO estimates that enacting this bill would have no 
significant impact on the federal budget. Because H.R. 434 
could affect direct spending, pay-as-you-go procedures would 
apply; however, CBO estimates that any such effects would total 
less than $50,000 over the 1998-2002 period. H.R. 434 contains 
no intergovernmental or private-sector mandates as defined in 
the Unfunded Mandates Reform Act of 1995 and would impose no 
costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Victoria V. 
Heid. This estimate was approved by Robert A. Sunshine, Deputy 
Assistant Director for Budget Analysis.

                    compliance with public law 104-4

    H.R. 434 contains no unfunded mandates.

                        changes in existing law

    If enacted, H.R. 434 would make no changes in existing law.