[House Report 118-370]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2nd Session } { 118-370
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CLIFTON OPPORTUNITIES NOW FOR VIBRANT ECONOMIC YIELDS ACT
_______
January 30, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2997]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2997) to direct the Secretary of the Interior to
convey to Mesa County, Colorado, certain Federal land in
Colorado, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clifton Opportunities Now for Vibrant
Economic Yields Act'' or as the ``CONVEY Act''.
SEC. 2. CONVEYANCE OF FEDERAL LAND TO MESA COUNTY, COLORADO.
(a) Definitions.--In this section:
(1) Clifton parcel.--The term ``Clifton parcel'' means the
approximately 31.1 acres of Federal land depicted as ``31.1
Acres to be Conveyed to Mesa County'' on the map titled
``Clifton Opportunities Now for Vibrant Economic Yields
(CONVEY) Act'' and dated April 19, 2023.
(2) County.--The term ``County'' means Mesa County, Colorado.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the Bureau of Land
Management.
(b) In General.--Notwithstanding the Secretarial Order dated August
26, 1902, and the Secretarial Order dated July 25, 1908, the Secretary
shall convey to the County, as soon as practicable, all rights, title,
and interest of the United States in and to the Clifton parcel.
(c) Requirements.--The conveyance under this section shall be--
(1) subject to valid existing rights; and
(2) for not less than fair market value, as determined in
accordance with subsection (d).
(d) Appraisal.--
(1) In general.--The fair market value of the Clifton parcel
shall be determined by an independent appraisal obtained by the
Secretary.
(2) Appraisal standards.--The appraisal required by paragraph
(1) shall be conducted in accordance with the--
(A) Uniform Appraisal Standards for Federal Land
Acquisitions; and
(B) Uniform Standards of Professional Appraisal
Practice.
(e) Costs of Conveyance.--The County shall pay all costs associated
with the conveyance required under subsection (b), including all costs
associated with any survey conducted for the purpose of accomplishing
such conveyance.
(f) Proceeds From Conveyance.--The proceeds from the conveyance
required under subsection (b) shall be--
(1) deposited into the Federal Land Disposal Account
established by the Federal Land Transaction Facilitation Act
(43 U.S.C. 2301 et seq.); and
(2) available for expenditure under that Act.
(g) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of the
enactment of this Act, the Secretary shall finalize a map and a
legal description of all land to be conveyed under this Act.
(2) Controlling document.--In the case of a discrepancy
between the map and the legal description created under
paragraph (1), the map shall control.
(3) Corrections.--The Secretary and the County, by mutual
agreement, may correct any minor errors in the map or the legal
description created under paragraph (1).
(4) Map on file.--The map and the legal description created
under paragraph (1) shall be kept on file and available for
public inspection in each appropriate office of the Bureau of
Land Management.
PURPOSE OF THE LEGISLATION
The purpose of H.R. 2997 is to direct the Secretary of the
Interior to convey to Mesa County, Colorado, certain Federal
land in Colorado, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The federal government owns approximately 640 million
acres, or 28 percent, of land in the United States. The Bureau
of Land Management (BLM) is the largest federal land management
agency and manages 244 million acres of public lands, heavily
concentrated (99 percent) in eleven Western continental states
and Alaska. While the BLM is a large landowner, data suggests
it struggles to manage the land it has. The BLM's deferred
maintenance backlog reached $4.7 billion in fiscal year (FY)
2022, up 335 percent from FY 2019. In states with large federal
footprints, local communities often lack power in decision
making over the land in their backyards. When non-federal
government entities, such as a city or county, would like to
expand, the large footprint of federal land ownership
surrounding those communities often stifles development and
growth.
The U.S. Constitution grants Congress the authority to
acquire and dispose of federal property. Congress granted BLM
authority to acquire and dispose of land under several
statutes, most notably the Federal Land Policy and Management
Act of 1976 (FLPMA). While the BLM can dispose of land
administratively, this process can take several years. To
expedite the process, Congress can enact legislation to direct
the agency to complete a land conveyance. These expedited
conveyances are a win-win, as growing rural communities can
expand and develop and the federal government can focus its
limited resources on managing more high-value lands.
The State of Colorado has over 24 million acres, or over 36
percent, of land owned by the federal government. Specifically,
in Mesa County, the federal government owns over 72 percent of
the land. The population of Mesa County was 158,363 in 2022. As
the population continues to grow, the county is significantly
limited in the land it has available to develop.
H.R. 2997 would convey 31.1 acres from the BLM to Mesa
County, Colorado. The land sits in a prime location along
Interstate 70. The land would be used for economic development
in Clifton, a town in central Mesa County and a suburb of Grand
Junction. Once Mesa County is able to secure the land from the
BLM, the County plans to establish an economic development
board to solicit input from stakeholders and pursue development
options that will incentivize industry and business in the
Clifton area. Even though this parcel has been identified for
disposal by the BLM, meaning the agency deemed it is no longer
serving the public interest, this conveyance has been held up
for over five years. This bill would expedite the process to
convey the land out of federal ownership to provide economic
growth to the local community.
COMMITTEE ACTION
H.R. 2997 was introduced on April 28, 2023, by Rep. Lauren
Boebert (R-CO). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Federal Lands. On June 22, 2023, the Subcommittee on Federal
Lands held a hearing on the bill. On July 26, 2023, the
Committee on Natural Resources met to consider the bill. The
Subcommittee on Federal Lands was discharged from further
consideration of H.R. 2997 by unanimous consent. Rep. Boebert
(R-CO) offered an amendment in the nature of a substitute to
designated Boebert ANS_093. The amendment in the nature of a
substitute offered by Rep. Boebert was adopted by voice vote.
The bill, as amended, was then ordered favorably reported to
the House of Representatives by voice vote.
HEARINGS
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Federal Lands held on June 22,
2023.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 establishes the short title of the bill as the
``Clifton Opportunities Now for Vibrant Economic Yields Act''
or the ``CONVEY Act.''
Section 2. Conveyance of federal land to Mesa County, Colorado
Section 2 specifies that the land to be conveyed is 31.1
acres of federal land known as the Clifton parcel and requires
the Secretary of the Interior to convey the parcel as soon as
practicable to Mesa County, subject to valid existing rights.
The land exchange is to be done at fair market value based on
the appraisal, and the County will pay the costs associated
with the conveyance and for any survey needed.
Section 2 also directs that proceeds from the conveyance
will be deposited into Federal Land Disposal Account under the
Federal Land Transaction Facilitation Act (FLTFA). It also sets
guidelines for finalizing the map of the conveyance and
provides for corrections to the map, if mutually agreed upon.
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 AND CONGRESSIONAL
BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 2997 would direct the Bureau of Land Management to
convey a 31-acre parcel of federal land to Mesa County,
Colorado, at no less than market value.
Proceeds from the conveyance would be classified in the
budget as offsetting receipts, which are recorded as reductions
in direct spending. Those receipts would be deposited into the
Federal Land Disposal Account where they could be spent without
further appropriation to purchase eligible land. Based on
typical time frames for such conveyances, CBO expects that the
transfer would take several years to complete. Using
information on land values from the Mesa County Assessor's
Office, CBO estimates that any proceeds from the sale would be
insignificant and would be spent shortly thereafter; thus, the
net effect on direct spending would be negligible.
Under the bill, Mesa County would pay for all costs
associated with the conveyance. CBO expects that some
administrative costs incurred to update maps would not be
reimbursed by the county, but we estimate those costs would be
insignificant; any spending would be subject to the
availability of appropriated funds.
The CBO staff contact for this estimate is Emma Uebelhor.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
2. 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 direct the Secretary of the
Interior to convey to Mesa County, Colorado, certain Federal
land in Colorado, and for other purposes.
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.
UNFUNDED MANDATES REFORM ACT STATEMENT
According to the Congressional Budget Office, H.R. 2997
contains no unfunded mandates as defined by the Unfunded
Mandates Reform Act.
EXISTING PROGRAMS
Directed Rule Making. This bill does not contain any
directed rule makings.
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.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
As ordered reported by the Committee on Natural Resources,
H.R. 2997 makes no changes in existing law.
[all]