[House Report 113-710]
[From the U.S. Government Publishing Office]


113th Congress     }                                  {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                  {       113-710
======================================================================
 
                 SAN JUAN COUNTY FEDERAL LAND CONVEYANCE ACT

                                _______
                                

 December 22, 2014.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 609]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (S. 609) to authorize the Secretary of the Interior to 
convey certain Federal land in San Juan County, New Mexico, 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:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``San Juan County Federal Land 
Conveyance Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Federal land.--The term ``Federal land'' means the 
        approximately 19 acres of Federal surface estate generally 
        depicted as ``Lands Authorized for Conveyance'' on the map.
          (2) Landowner.--The term ``landowner'' means the plaintiffs 
        in the case styled Blancett v. United States Department of the 
        Interior, et al., No. 10-cv-00254-JAP-KBM, United States 
        District Court for the District of New Mexico.
          (3) Map.--The term ``map'' means the map entitled ``San Juan 
        County Land Conveyance'' and dated June 20, 2012.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (5) State.--The term ``State'' means the State of New Mexico.

SEC. 3. CONVEYANCE OF CERTAIN FEDERAL LAND IN SAN JUAN COUNTY, NEW 
                    MEXICO.

  (a) In General.--On request of the landowner, the Secretary shall, 
under such terms and conditions as the Secretary may prescribe and 
subject to valid existing rights, convey to the landowner all right, 
title, and interest of the United States in and to any portion of the 
Federal land (including any improvements or appurtenances to the 
Federal land) by sale.
  (b) Survey; Administrative Costs.--
          (1) Survey.--The exact acreage and legal description of the 
        Federal land to be conveyed under subsection (a) shall be 
        determined by a survey approved by the Secretary.
          (2) Costs.--The administrative costs associated with the 
        conveyance shall be paid by the landowner.
  (c) Consideration.--
          (1) In general.--As consideration for the conveyance of the 
        Federal land under subsection (a), the landowner shall pay to 
        the Secretary an amount equal to the fair market value of the 
        Federal land conveyed, as determined under paragraph (2).
          (2) Appraisal.--The fair market value of any Federal land 
        that is conveyed under subsection (a) shall be determined by an 
        appraisal acceptable to the Secretary that is performed in 
        accordance with--
                  (A) the Uniform Appraisal Standards for Federal Land 
                Acquisitions;
                  (B) the Uniform Standards of Professional Appraisal 
                Practice; and
                  (C) any other applicable law (including regulations).
  (d) Disposition and Use of Proceeds.--The Secretary shall deposit the 
proceeds of any conveyance of Federal land under subsection (a) in the 
general account of the Treasury to be used for deficit reduction.
  (e) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions for a conveyance under subsection (a) 
as the Secretary determines to be appropriate to protect the interests 
of the United States.
  (f) Withdrawal.--Subject to valid existing rights, the Federal land 
is withdrawn from--
          (1) location, entry, and patent under the mining laws; and
          (2) disposition under all laws relating to mineral and 
        geothermal leasing or mineral materials.

                          PURPOSE OF THE BILL

    The purpose of S. 609 is to authorize the Secretary of the 
Interior to convey certain Federal land in San Juan County, New 
Mexico.

                  BACKGROUND AND NEED FOR LEGISLATION

    In 1998, the Bureau of Land Management (BLM) settled a 
lawsuit regarding protection of the southwestern willow 
flycatcher in New Mexico and agreed to exclude livestock 
grazing from riparian areas in New Mexico by fencing BLM-
managed river tracts identified as having suitable flycatcher 
habitat. While surveying lands for fencing under the settlement 
agreement the BLM determined that there were as many as 20 
different cases of trespass on BLM administered public lands in 
New Mexico. These trespass cases included a 14-acre trespass 
into the Bald Eagle Area of Critical Environmental Concern 
(ACEC) north of Aztec, New Mexico.
    In 1999, the Blancett family, who were actively farming 
these acres, was cited for trespass on approximately 19 acres 
of public lands. Despite resolution of many of the identified 
trespass cases, including cases with the Blancett's neighbors 
to the north and south, the Blancetts and the BLM were unable 
to reach an agreement. Following failed negotiations and a 
failed mediation attempt, the Blancetts sued the Department of 
the Interior in U.S. District Court in 2010. On February 27, 
2012 a settlement was reached between the two parties and the 
case was dismissed with prejudice. Under the settle agreement, 
the Blancetts have to obtain a legislative solution to address 
the trespass solution by March 5, 2014. If substantial progress 
was not made by that time, the BLM will offer to sell the 
approximately two-acre parcel with the family residence to the 
Blancetts and the BLM may immediately begin to fence and 
reclaim the remaining 17 acres, which will remain in federal 
ownership for bald eagle habitat. Reporting this legislation, 
as amended, should be construed as substantial progress.
    S. 609 would allow BLM to sell at fair market value these 
19 acres of lands in San Juan County, New Mexico, to the 
Blancett family, and resolve the trespassing issue per the 2012 
settlement agreement. The Committee on Natural Resources 
generally feels that when federal survey errors result in a 
potential conflict of title, State and local land ownership 
records should be the arbiter for determining ownership. In 
this case, to expedite a resolution to meet the terms 
established and recognized by the court, agreed to by both 
parties, and included in S. 609, the Committee reluctantly 
reports this bill, as amended, while recognizing that the 
Blancetts are in the difficult position of either repurchasing 
land that was previously recognized to be theirs or losing that 
land because the federal government failed to recognize their 
established property rights.
    In title disputes, especially in incidents where the long-
standing management, care or knowledge of ownership (including 
improvements) were exercised, and a clear delinquency, 
dereliction or nonexistent control of federal responsibility 
over the land has occurred (without fault or negligence by the 
State or affected property owner), the Committee recognizes the 
rights of the property owners. The longstanding ownership, 
management and care of these disputed lands, recognized as 
previously paid for and/or maintained under State jurisdiction, 
should protect and guarantee the property rights of the 
affected land owners. They should be insulated from federal 
behaviors or responses so severe as to hold them in trespass, 
mimic a taking of their property or hold their land hostage for 
a ransom to regain title to property they already own.

                            COMMITTEE ACTION

    S. 609 was introduced on March 19, 2013, by Senator Tom 
Udall (D-NM). On July 9, 2014, the bill passed the Senate by 
unanimous consent with an amendment. The bill was then referred 
to the Committee on Natural Resources, and within the Committee 
to the Subcommittee on Public Lands and Environmental 
Regulation. On July 29, 2014, the Subcommittee held a hearing 
on the bill. On September 18, 2014, the Natural Resources 
Committee met to consider S. 609. The Subcommittee on Public 
Lands and Environmental Regulation was discharged by unanimous 
consent. Congressman Rob Bishop (R-UT) offered an amendment 
designated #1 to the bill; the amendment was adopted by 
unanimous consent. No further amendments were offered and the 
bill, as amended, was adopted and 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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:

S. 609--San Juan County Federal Land Conveyance Act

    S. 609 would authorize the Bureau of Land Management (BLM) 
to sell certain federal lands located in San Juan County, New 
Mexico. Based on information provided by the agency, CBO 
estimates that implementing the act would have no significant 
effect on the federal budget. Because enacting the legislation 
would increase offsetting receipts, pay-as-you-go procedures 
apply. However, CBO estimates that those receipts would not 
exceed $500,000. Enacting S. 609 would not affect revenues.
    S. 609 would authorize BLM to sell 19 acres of federal land 
to private landowners. The act would require the landowners to 
pay fair market value for the property. Based on information 
provided by BLM, CBO estimates that proceeds from the sale of 
the affected lands would increase offsetting receipts by about 
$300,000. In addition, S. 609 would require landowners to pay 
for the required survey and cover any administrative costs 
associated with the sale.
    S. 609 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.
    On May 30, 2013, CBO transmitted a cost estimate for S. 
609, the San Juan County Federal Land Conveyance Act, as 
ordered reported by the Senate Committee on Energy and Natural 
Resources on May 16, 2013. The Senate version of the 
legislation authorized BLM to retain and spend proceeds from 
the sale of the affected lands. That difference is reflected in 
the cost estimates for the two versions of the legislation.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of 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, spending 
authority, or an increase or decrease in revenues or tax 
expenditures. Based on information provided by the Bureau of 
Land Management, CBO estimates that implementing the act would 
have no significant effect on the federal budget. CBO estimates 
enactment of the bill would increase offsetting receipts by 
about $300,000.
    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 authorize the Secretary of the 
Interior to convey certain Federal land in San Juan County, New 
Mexico.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                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.