[House Report 113-75]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     113-75

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  TO AUTHORIZE THE CONVEYANCE OF TWO SMALL PARCELS OF LAND WITHIN THE 
     BOUNDARIES OF THE COCONINO NATIONAL FOREST CONTAINING PRIVATE 
    IMPROVEMENTS THAT WERE DEVELOPED BASED UPON THE RELIANCE OF THE 
        LANDOWNERS IN AN ERRONEOUS SURVEY CONDUCTED IN MAY 1960

                                _______
                                

  May 17, 2013.--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 H.R. 862]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 862) to authorize the conveyance of two small 
parcels of land within the boundaries of the Coconino National 
Forest containing private improvements that were developed 
based upon the reliance of the landowners in an erroneous 
survey conducted in May 1960, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 862 is to authorize the conveyance of 
two small parcels of land within the boundaries of the Coconino 
National Forest containing private improvements that were 
developed based upon the reliance of the landowners in an 
erroneous survey conducted in May 1960.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 862 would correct a longstanding boundary issue 
between private landowners and the Forest Service in Coconino 
County, Arizona. The two parcels that would be conveyed under 
this bill contain private improvements that were developed 
based on an erroneous land survey conducted in 1960. As a 
result of that survey, the landowners had developed and 
maintained the property as their own until a subsequent survey 
in 2007 found that the improvements were actually inside the 
Coconino National Forest. H.R. 862 authorizes the Forest 
Service to convey all right, title and interest to 
approximately 2.67 acres of the Coconino National Forest to the 
adjacent landowners. The landowners will be required to pay 
$20,000 for the two parcels. The authority to conduct the 
conveyance will sunset three years from the date of enactment 
of the legislation.

                            COMMITTEE ACTION

    H.R. 862 was introduced on February 27, 2013, by 
Congresswoman Ann Kirkpatrick (D-AZ). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on Public Lands and Environmental Regulation. 
On April 24, 2013, the Full Natural Resources Committee met to 
consider the bill. The Subcommittee on Public Lands and 
Environmental Regulation was discharged by unanimous consent. 
No amendments were offered, and the bill was then 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:

H.R. 862--A bill to authorize the conveyance of two small parcels of 
        land within the boundaries of the Coconino National Forest 
        containing private improvements that were developed based upon 
        the reliance of the landowners in an erroneous survey conducted 
        in May 1960

    H.R. 862 would authorize the Secretary of Agriculture to 
sell certain federal lands located within the Coconino National 
Forest. Based on information provided by the Forest Service, 
CBO estimates that implementing the bill would have a 
negligible impact on the federal budget. Implementing the 
legislation would increase offsetting receipts and associated 
direct spending; therefore, pay-as-you-go procedures apply. 
However, CBO estimates that those changes would have no 
significant impact on future budget deficits. Enacting H.R. 862 
would not affect revenues.
    H.R. 862 would authorize the Secretary to sell 19 small 
parcels of federal land totaling less than 3 acres to a 
representative of several private homeowners. The bill would 
require the homeowners to pay a total of $20,000 for the 
parcels and to cover any administrative costs associated with 
the sale. The Secretary has the authority to sell the lands 
under current law; however, the bill would allow the Secretary 
to sell the parcels in a single transaction rather than through 
separate transactions with each affected homeowner. The bill 
also would allow the Forest Service to retain and spend 
proceeds from the sale, without further appropriation, to 
acquire other lands. CBO estimates that the agency would spend 
those proceeds within the next three years.
    The bill 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 Jeff LaFave. 
This 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, or an increase 
or decrease in revenues or tax expenditures. Based on 
information provided by the Forest Service, CBO estimates that 
implementing the bill would have a negligible impact on the 
federal budget.
    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 conveyance of two 
small parcels of land within the boundaries of the Coconino 
National Forest containing private improvements that were 
developed based upon the reliance of the landowners in an 
erroneous survey conducted in May 1960.

                           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.

                                  
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