[Senate Report 110-301]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 653
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-301

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          SANTA FE NATIONAL FOREST TITLE CLAIM RESOLUTION ACT

                                _______
                                

                 April 10, 2008.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1939]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1939) to provide for the conveyance of 
certain land in the Santa Fe National Forest, New Mexico, 
having considered the same, reports favorably thereon with 
amendments and recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. Beginning on page 1, strike line 9 and all that follows 
through page 2, line 7, and insert the following:

        ``of the Claimants to any right, title, or interest in 
        any land located in lot 10, sec. 22, T. 18 N., R. 12 
        E., New Mexico Principal Meridian, San Miguel County, 
        New Mexico, except as provided in section (3)(a).''.

    2. On page 2, strike lines 10 through 23 and insert the 
following:

          ``(3) Federal land.--The term `Federal land' means a 
        parcel of National Forest System land in the Santa Fe 
        National Forest, New Mexico, that is--
                  ``(A) comprised of approximately 6.20 acres 
                of land; and
                  ``(B) described and delineated in the 
                survey.''.

                         PURPOSE OF THE MEASURE

    The purpose of S. 1939 is to provide for the conveyance of 
certain land in the Santa Fe National Forest, New Mexico.

                          BACKGROUND AND NEED

    S. 1939 would resolve an ongoing land title dispute between 
Ramona and Boyd Lawson--who are defined by the bill as 
``claimants''--and the Forest Service. At issue is the 
claimaints' land title claim involving approximately 12 acres 
of Federal land in New Mexico that are within the boundaries of 
the Pecos Wild and Scenic River in the Santa Fe National 
Forest.
    In 2003, the Interior Board of Land Appeals (IBLA) ruled 
that the claimants were entitled to a correction of the 
homestead patent that was issued to one of the claimant's 
grandfather in 1888 because it erroneously failed to include 
the main house, cabin and various outbuildings that he 
constructed. 159 IBLA 184 (June 4, 2003). The IBLA remanded the 
case to the Bureau of Land Management to correct the homestead 
patent.
    Subsequently, the Forest Service and the Lawsons negotiated 
a compromise of the claim that includes the transfer of 6.2 
acres of National Forest land to the claimants in exchange for 
a scenic easement to that property and a release of the land 
claim against the United States.

                          LEGISLATIVE HISTORY

    S. 1939 was introduced by Senator Bingaman and Senator 
Domenici on August 2, 2007. The Subcommittee on Public Lands 
and Forests held a hearing on S. 1939 on September 20, 2007 (S. 
Hrg. 110-216).

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on January 30, 2008, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1939, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During the consideration of S. 1939, the Committee adopted 
an amendment to the definition of ``claim'' in section 2(1) of 
the bill. The amendment makes clear that the claimants would 
waive all claims to any right, title, or interest to any of the 
land in the described parcel, except any future claims that may 
arise based on the conveyance of the approximately 6.2 acres 
provided for under section 3(a) of the bill. The amendment also 
simplifies the definition of ``Federal land'' in section 2(3) 
by deleting redundant information.

                      SECTION-BY-SECTION ANALYSIS

    Sections 1 and 2 provide the short title and definitions 
for the bill.
    Section 3(a) directs the Secretary of Agriculture 
(``Secretary'') to convey approximately 6.2 acres of National 
Forest land to the claimants in exchange for (1) a scenic 
easement to those lands that protect the purposes of the Pecos 
Wild and Scenic River and is otherwise acceptable to the 
Secretary and (2) a release of the claim and any related claims 
against the United States. Subsection (a) also makes clear that 
the conveyance is subject to valid existing rights, and 
accordingly does not prejudice any third-party rights or 
interests that may exist to the 6.2 acres of land.
    Subsection (b) authorizes the Secretary, with the approval 
of the claimants, to make certain minor corrections to the 
survey and legal description.
    Subsection (c) states that the conveyance of the 
approximately 6.2 acres of National Forest land as provided for 
under subsection (a) would constitute a full satisfaction of 
the claim.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 1939--Santa Fe National Forest Title Claim Resolution Act

    S. 1939 would require the Secretary of Agriculture to 
convey 6.2 acres of federal land in the Santa Fe National 
Forest, New Mexico, to Ramona and Boyd Lawson. The Lawsons have 
a longstanding claim against the government for erroneously 
excluding some of their patented land in a government survey. 
The land conveyance would settle that claim and release the 
government from future claims while providing the Forest 
Service with a conservation easement on the property. Based on 
information from the Forest Service, CBO estimates that 
enacting the legislation would have no significant effect on 
the federal budget.
    S. 1939 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Tyler Kruzich. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      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 S. 1939. The bill 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 S. 1939, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1939, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The views of the Administration were included in testimony 
received by the Committee at a hearing on S. 1939 on September 
20, 2007.

 Statement of Joel Holtrop, Deputy Chief, National Forest System, U.S. 
               Forest Service, Department of Agriculture

    Mr. Chairman and members of the committee, I appreciate the 
opportunity to appear before you to provide the Department's 
views on the bills which are on the agenda today.

           *       *       *       *       *       *       *



      s. 1939, santa fe national forest title claim resolution act


    S. 1939 would authorize and direct the Forest Service to 
quitclaim approximately 6.20 acres of Federal land to Ramona 
and Boyd Lawson in satisfaction of a longstanding land title 
claim.
    The Department supports the enactment of this bill.
    The land in question is in the Santa Fe National Forest and 
within the boundaries of the Pecos Wild and Scenic River. The 
Lawsons are successors to a land patent issued in 1888 and they 
claimed that a government survey of the patented land had 
erroneously excluded about 12 acres where their house and 
outbuildings were located.
    There were sufficient legal and factual issues in dispute 
between the government and the Lawsons that this matter could 
have ended up in court. However, the parties worked out a 
solution that is simple and equitable, saving considerable time 
and expense for all. The Lawsons and the Forest Service agreed 
to limit the area of the claim to 6.2 acres which covers the 
land the Lawsons are actually occupying and using. In turn, the 
Lawsons have agreed to convey to the Forest Service a 
conservation easement on the property to protect wild and 
scenic river values, and to release the government from future 
claims. S. 1939 will authorize the Forest Service to implement 
this agreement and thereby allow the Lawsons the quiet 
enjoyment of their home while, at the same time, preserving the 
scenic and natural environs of the Pecos Wild & Scenic River.

           *       *       *       *       *       *       *

    Mr. Chairman and members of the committee, this concludes 
my testimony. I am happy to answer any questions you may have 
at this time.

                        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 bill S. 1939, as 
ordered reported.

                                  
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