[House Report 107-678]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-678
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LAND CONVEYANCE, FARAWAY RANCH, MENDOCINO NATIONAL FOREST, CALIFORNIA
_______
September 24, 2002.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
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Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 5032]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 5032) to authorize the Secretary of Agriculture to convey
certain National Forest System lands in the Mendocino National
Forest, California, to authorize the use of the proceeds from
such conveyances for National Forest purposes, and for other
purposes, 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 all after the enacting clause and insert the
following:
SECTION 1. LAND CONVEYANCE, FARAWAY RANCH, MENDOCINO NATIONAL FOREST,
CALIFORNIA.
(a) Conveyance Required.--Subject to subsection (b), the Secretary of
Agriculture shall convey to the owner of the property known as the
Faraway Ranch in Lake County, California (in this section referred to
as the ``recipient''), by quitclaim deed, all right, title, and
interest of the United States in and to the following National Forest
System lands in Mendocino National Forest in Lake County, California:
(1) ``Faraway Ranch, Tract 39'' (approximately 15.8 acres)
consisting of a portion of lot 6 of section 4, township 18
north, range 10 west, Mount Diablo base and meridian, as
generally depicted on the map entitled ``Faraway Ranch, Tracts
39 and 40'' and dated June 30, 2002.
(2) ``Faraway Ranch, Tract 40'' (approximately 105.1 acres)
consisting of a portion of the N\1/2\SW\1/4\ and lot 7 of
section 4, and a portion of lots 15 and 16 of section 5,
township 18 north, range 10 west, Mount Diablo base and
meridian, as generally depicted on the map entitled ``Faraway
Ranch, Tracts 39 and 40'' and dated June 30, 2002.
(b) Time for Conveyance.--The Secretary shall make the conveyance
under subsection (a) not later than 120 days after the date on which
the recipient deposits sufficient funds with the Bureau of Land
Management, California State Office, Branch of Geographic Services, to
cover survey work costs and with the Forest Service, Mendocino National
Forest, to cover Forest Service direct transaction costs described in
subsection (e).
(c) Corrections.--With the agreement of the recipient, the Secretary
may make minor corrections to the legal descriptions and map of the
lands to be conveyed pursuant to this Act.
(d) Consideration.--As consideration for the conveyance under
subsection (a), the recipient shall pay to the Secretary an amount
equal to the fair market value of the National Forest System lands
conveyed under such subsection. The fair market value of such lands
shall be determined by an appraisal that is acceptable to the Secretary
and conforms with the Federal appraisal standards, as defined in the
Uniform Appraisal Standards for Federal Land Acquisitions developed by
the Interagency Land Acquisition Conference.
(e) Payment of Costs.--All direct transaction costs associated with
the conveyance under section (a), including the costs of appraisal,
title, and survey work, shall be paid by the recipient.
(f) Use of Proceeds.--
(1) Deposit.--The Secretary shall deposit the amounts
received by the Secretary as consideration under subsection (d)
in the fund established by Public Law 90-171 (commonly known as
the Sisk Act; 16 U.S.C. 484a).
(2) Use.--Funds deposited under paragraph (1) shall be
available to the Secretary until expended, without further
appropriation--
(A) for the acquisition of land and interests in land
for National Forest System purposes in the State of
California; and
(B) for reimbursement of costs incurred by the Forest
Service in making the conveyance under subsection (a).
(3) Status of acquired land.--Notwithstanding Public Law 85-
862 (16 U.S.C. 521a), any lands acquired under paragraph (2)(A)
shall be managed as lands acquired under the March 1, 1911
(commonly known as the Weeks Act; 16 U.S.C. 480, 500, 515 et
seq.), regardless of whether any of the lands conveyed under
subsection (a) were reserved from the public domain.
(g) Withdrawal.--Subject to valid existing rights, the lands to be
conveyed under subsection (a) are hereby withdrawn from all forms of
location, entry, and patent under the public land laws and the mining
and mineral leasing laws of the United States.
PURPOSE OF THE BILL
The purpose of H.R. 5032 is to authorize the Secretary of
Agriculture to convey certain National Forest System lands in
the Mendocino National Forest, California, to authorize the use
of the proceeds from such conveyances for National Forest
purposes, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 5032 resolves a long-standing problem regarding the
property boundary between the Mendocino National Forest and the
Faraway Ranch in rural northern California. Faraway Ranch is a
tract of several hundred acres of private land in Lake County,
California, surrounded by Mendocino National Forest lands. The
original ranch was settled and patented as private land in
1884, prior to establishment of the National Forest. Various
dwellings, roads, fences, water impoundments, and other
improvements were constructed on the ranch over the years. The
current owner purchased the main portion of the ranch in 1989
from the prior ranch resident.
An updated survey of the area conducted in the 1990s
revealed substantial errors in the official historical survey.
However, because the private owners had relied on the
historical survey for the last century, they had constructed
buildings that had unintentionally encroached onto federal
lands.
The corrected property boundary lines are in an untenable
location for the ranch owner and for the public use and
management of the adjacent Mendocino National Forest lands.
This bill adjusts the property boundaries to eliminate the
encroachments, and provides a buffer around the ranch dwelling
area. A buffer will enhance safety and provide reasonable
privacy for public hunting, camping, and motorized vehicle use
on national forest lands in the area. Besides eliminating the
encroachments, more logical boundary corners and lines will
simplify and reduce the expense of administration of the area
for the Forest Service.
The ranch owner and Forest Service have been working
cooperatively for several years on land exchange proposals to
provide adjusted boundaries between the ranch and the Mendocino
National Forest. In 1999, the parties reached a basic agreement
regarding the configuration of bordering lands that should be
transferred to the ranch to resolve the encroachment and
property boundary management issues. These parcels total
approximately 120 acres.
Since that time, the ranch owner and the Forest Service
have pursued a series of proposed exchanges involving these 120
acres and non-federal lands of equal value located adjacent to
Mendocino National Forest lands. However, these particular
exchanges have not gone forward because the owners of the lands
sought by the Forest Service in these transactions turned down
purchase option proposals tendered by the agency. Thus, the
encroachment and boundary management issues at Faraway Ranch
remain unresolved.
This bill provides for prompt transfer of the 120 acres of
national forest lands to the current ranch owner, in exchange
for a payment equal to the fair market value of these lands
according to federal appraisal standards. The ranch owner will
pay the direct costs of the transfer, including the title work,
survey, and appraisal. The payments will be deposited in the
Treasury fund established by Public Law 90-171, known as the
Sisk Act. This bill designates these funds for use by the
Forest Service to purchase priority non-federal lands adjacent
to other national forest lands in California.
No significant environmental or other issues have been
identified regarding transfer of the specified 120 acres to the
Faraway Ranch. These parcels are not considered of particular
value for retention in the Mendocino National Forest. National
forest boundary maintenance costs, use conflicts, and safety
risks will be reduced at the ranch location. The priority lands
to be acquired by the Forest Service will be identified based
on their adjacency and contribution to national forest lands,
wildlife habitat, and for other uses. These lands will be
purchased from willing sellers. Boundaries will be simplified
and national forest values will be enhanced at the locations
where the Forest Service acquires these lands.
COMMITTEE ACTION
H.R. 5032 was introduced on June 27, 2002, by Congressman
Mike Thompson (D-CA). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Forests and Forest Health. On July 25, 2002, the Subcommittee
held a hearing on the bill. On September 12, 2002, the Full
Resources Committee met to consider the bill. The Subcommittee
was discharged from further consideration by unanimous consent.
Congressman Scott McInnis (R-CO) offered an amendment to change
the time for the conveyance to 120 days after the private party
deposits sufficient funds to cover the survey costs and the
direct costs of the transaction, and to make some technical
corrections. It was adopted by unanimous consent. The bill as
amended was then ordered favorably reported to the House of
Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII 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 and Article IV, section 3 of the
Constitution of the United States grants Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B)
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 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in tax expenditures.
According to the Congressional Budget Office, the Secretary of
Agriculture would receive up to $200,000 in 2003 and then spend
those proceeds over the 2003-2004 time period. The net change
in direct spending over that time frame would be
``negligible''.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 23, 2002.
Hon. James V. Hansen,
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. 5032, a bill to
authorize the Secretary of Agriculture to convey certain
National Forest System lands in the Mendocino National Forest,
California, to authorize the use of the proceeds from such
conveyances for National Forest purposes, and for other
purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 5032--A bill to authorize the Secretary of Agriculture to convey
certain National Forest System lands in the Mendocino National
Forest, California, to authorize the use of the proceeds from
such conveyances for National Forest purposes, and for other
purposes
CBO estimates that H.R. 5032 would not significantly affect
the federal budget. The bill would affect direct spending
(including offsetting receipts); therefore, pay-as-you-go
procedures would apply, but we estimate that any such effects
would be negligible. H.R. 5032 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act and would have no significant impact on the budgets
of state, local, or tribal governments.
H.R. 5032 would direct the Secretary of Agriculture to
convey to a private landowner about 120 acres of federal lands
within the Mendocino National Forest in California. The private
landowner would pay fair market value for those lands. The bill
would authorize the Secretary to use proceeds from the
conveyance to cover certain administrative costs and to acquire
other lands and interests in California.
According to the Forest Service, the lands to be sold
currently generate no significant receipts and are not excepted
to do so over the next 10 years. Based on information from the
agency, CBO estimates that proceeds from the proposed sale
would total up to $200,000 in 2003, and that the agency would
spend those proceeds over the 2003-2004 period. Hence, we
estimate that, under H.R. 5032, the net change in direct
spending in those years would be negligible.
CBO staff contact for this estimate is Megan Carroll. This
estimate was approved by Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.