[House Report 110-793]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-793

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 BOUNDARY ADJUSTMENT AND LAND CONVEYANCES, ROOSEVELT NATIONAL FOREST, 
                                COLORADO

                                _______
                                

 July 29, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3299]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3299) to provide for a boundary adjustment and 
land conveyances involving Roosevelt National Forest, Colorado, 
to correct the effects of an erroneous land survey that 
resulted in approximately 7 acres of the Crystal Lakes 
Subdivision, Ninth Filing, encroaching on National Forest 
System land, 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. BOUNDARY ADJUSTMENT AND LAND CONVEYANCES, ROOSEVELT NATIONAL 
                    FOREST, COLORADO.

    (a) Boundary Adjustment.--The boundaries of Roosevelt National 
Forest, Colorado, are hereby modified to exclude from the national 
forest a parcel of real property consisting of approximately 7 acres 
within the Crystal Lakes Subdivision as depicted on the map entitled 
``Crystal Lakes Encroachment, HR 3299'' and dated July 15, 2008.
    (b) Conveyance of Land Removed From National Forest.--The Secretary 
of Agriculture shall use the authority provided by Public Law 97-465 
(commonly known as the Small Tracts Act; 16 U.S.C. 521c-521i) to convey 
all right, title, and interest of the United States in and to the real 
property excluded from the boundaries of Roosevelt National Forest 
under subsection (a) to the landowners whose real property adjoins the 
excluded land and who, as of the date of the enactment of this Act, 
occupy the excluded land.
    (c) Consideration.--The conveyances required by subsection (b) 
shall be made without consideration.
    (d) Description of Real Property.--The exact acreage and legal 
description of the land excluded from the boundaries of Roosevelt 
National Forest under subsection (a) and conveyed under subsection (b) 
shall be determined by a survey satisfactory to the Secretary.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3299 is to provide for a boundary 
adjustment and land conveyances involving Roosevelt National 
Forest, Colorado.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 3299 responds to an ongoing boundary dispute between 
the USDA Forest Service (FS) and private land owners with 
property adjacent to the Roosevelt National Forest in Colorado. 
The private land is part of the ``Crystal Lakes subdivision,'' 
and the original boundaries were determined by a private survey 
in 1975.
    In 2003, the FS was working with Crystal Lakes residents on 
fuel reduction programs to mitigate damage from wildfires. As 
part of that process, the FS was required to survey the land to 
ensure no trees were being cleared on privately owned land. The 
Bureau of Land Management (BLM) conducted the survey for the FS 
and found that the 1975 private survey was inaccurate and did 
not correctly locate the original boundary. The BLM survey thus 
concluded that seven acres of the Crystal Lakes subdivision 
were actually located on national forest land.
    In 2006, the FS notified the Crystal Lakes' residents that 
the boundary was inaccurate and that they were encroaching on 
federal land. The FS further informed the residents that if 
they wished to continue to occupy the land, they would need to 
purchase it from the federal government under the authority of 
the Small Tracts Act (16 U.S.C. 521c-521i). However, the 
Crystal Lakes residents claim that they relied on the 1975 
survey boundary when they purchased and developed their 
property--some as far back as the 1970's--and so they contend 
they should not have to pay to buy the land back.
    The seven acres in dispute include 20 parcels of varying 
sizes; of those, only four would be impacted substantially by 
the boundary relocation. In most cases, the landowners' 
property encroaches on the forest land by one-tenth of an acre 
and involves only minor improvements to the land, such as 
fences, which can be easily moved. However, two parcels have 
homes situated completely on the encroachment, one house is 
situated partially on the encroachment, and one parcel has out-
buildings on the encroachment.
    H.R. 3299 modifies the boundary to exclude from the 
National Forest the seven acres of property included in the 
Crystal Lakes subdivision. The bill would then convey all 
right, title, and interest of the United States in and to the 
seven acres to affected Crystal Lake landowners under the 
authority of the Small Tracts Act. However, this bill would 
waive the fair market value provision of the Small Tracts Act, 
and thus the land would be conveyed without consideration.

                            COMMITTEE ACTION

    H.R. 3299 was introduced on August 1, 2007 by 
Representative Marilyn Musgrave (R-CO). The bill was referred 
to the Committee on Natural Resources, and within the Committee 
to the Subcommittee National Parks, Forests, and Public Lands. 
At a National Parks, Forests and Public Lands Subcommittee 
Legislative hearing on July 10, 2008, the Forest Service 
testified against the bill because it waives the Small Tracts 
Act requirement of paying fair market value for the encroached 
upon national forest land proposed for conveyance.
    On July 16, 2008, the Subcommittee was discharged from 
further consideration of H.R. 3299 and the Full Natural 
Resources Committee met to consider the bill. Subcommittee 
Ranking Member Rob Bishop (R-UT) offered an amendment in the 
nature of a substitute that included technical changes to the 
bill. The amendment was agreed to by unanimous consent. The 
bill was then ordered favorably reported, as amended, to the 
House of Representatives by unanimous consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Boundary Adjustment and Land Conveyances, Roosevelt National 
        Forest, Colorado

    Subsection (a) directs that the boundaries of the Roosevelt 
National Forest be modified to exclude a parcel of real 
property consisting of approximately 7 acres within the Crystal 
Lakes Subdivision and depicted on the map entitled: ``Crystal 
Lakes Encroachment, H.R. 3299'' and dated July 15, 2008.
    Subsection (b) directs that the Secretary of Agriculture 
shall use the authority provided by the Small Tracts Act (16 
U.S.C. 521c-521i) to convey all right, title, and interest of 
the United States in and to the real property excluded under 
subsection (a), to the landowners whose real property adjoins 
the excluded land, and who, as of the date of enactment of this 
Act, occupy the excluded land.
    Subsection (c) provides that the conveyances under 
subsection (b) shall be made without consideration.
    Subsection (d) provides that the exact acreage and legal 
description of the land excluded from the boundaries of 
Roosevelt National Forest under subsection (a), and conveyed 
under subsection (b), shall be determined by a survey 
satisfactory to the Secretary.

            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 Natural 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 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, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to provide for a boundary adjustment 
and land conveyances involving Roosevelt National Forest, 
Colorado, to correct the effects of an erroneous land survey 
that resulted in approximately 7 acres of the Crystal Lakes 
Subdivision, Ninth Filing, encroaching on National Forest 
System land.
    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:

H.R. 3299--A bill to provide for a boundary adjustment and land 
        conveyances involving Roosevelt National Forest, Colorado, to 
        correct the effects of an erroneous land survey that resulted 
        in approximately seven acres of the Crystal Lakes Subdivision, 
        Ninth Filing, encroaching on National Forest System land

    H.R. 3299 would require the Secretary of Agriculture to 
adjust the boundary of the Roosevelt National Forest to convey 
approximately seven acres of Forest Service land to private 
property owners adjacent to the forest. The land would be 
conveyed for no consideration. Based on information from the 
Forest Service, CBO expects that implementing the legislation 
would cost less than $500,000.
    According to the Forest Service, the agency plans to sell 
the seven acres of land to the private landholders adjacent to 
the forest. Under current law, funds received from that sale 
(classified as offsetting receipts) would revert to the general 
fund of the Treasury, where they could not be spent without an 
appropriation. Conveying the land for no consideration would 
result in a loss of those offsetting receipts, thereby 
increasing net direct spending by an estimated $200,000.
    H.R. 3299 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on State, local, or tribal governments.
    The CBO staff contact for this estimate is Tyler Kruzich. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 3299 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                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.

                                  
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