[House Report 118-868]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-868
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APACHE COUNTY AND NAVAJO COUNTY CONVEYANCE ACT OF 2024
_______
December 12, 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. 3047]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3047) to require the Secretary of Agriculture to
convey certain lands within the Apache-Sitgreaves National
Forest, 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 ``Apache County and Navajo County
Conveyance Act of 2024''.
SEC. 2. CONVEYANCE OF CERTAIN LAND WITHIN THE APACHE-SITGREAVES
NATIONAL FORESTS TO NAVAJO COUNTY, ARIZONA.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Navajo County,
Arizona.
(2) Map.--The term ``map'' means the map entitled ``Pinedale
Cemetery Expansion'' and dated May 23, 2022.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
(b) Conveyance Required.--Subject to this section, if the County
submits to the Secretary a written request for conveyance of the
property described in subsection (c)(1) not later than 180 days after
the date of enactment of this Act, the Secretary shall convey to the
County all right, title, and interest of the United States in and to
the property described in subsection (c)(1).
(c) Property Described.--
(1) In general.--The property referred to in subsection (b)
is--
(A) the parcel of real property, including all land
and improvements, generally depicted as ``Exist.
Cemetery'' on the map, consisting of approximately 2.5
acres of National Forest System land located in the
Apache-Sitgreaves National Forests in Arizona; and
(B) the parcel of real property, including all land
and improvements, generally depicted as ``Proposed
Expansion'' on the map, consisting of approximately 2.5
acres of National Forest System land located in the
Apache-Sitgreaves National Forests in Arizona.
(2) Map.--
(A) Minor errors.--The Secretary may correct minor
errors in the map.
(B) Availability.--A copy of the map shall be on file
and available for public inspection in the appropriate
offices of the Forest Service.
(3) Survey.--The exact acreage and legal description of the
National Forest System land to be conveyed under subsection (b)
shall be determined by a survey satisfactory to the Secretary.
(d) Terms and Conditions.--The conveyance under subsection (b)
shall--
(1) be subject to valid existing rights;
(2) be made without consideration;
(3) be made by quitclaim deed;
(4) not be subject to section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)); and
(5) be subject to any other terms and conditions as the
Secretary considers appropriate to protect the interests of the
United States.
(e) Costs of Conveyance.--As a condition of the conveyance under
subsection (b), the County shall pay all costs associated with the
conveyance, including the cost of--
(1) a survey, if necessary, under subsection (c)(3); and
(2) any environmental analysis and resource surveys required
by Federal law.
(f) Required Use as Cemetery.--The property conveyed to the County
under subsection (b) shall be used by the County as a cemetery.
(g) Reversion.--If the property conveyed under subsection (b) is used
in a manner that is inconsistent with the requirement of subsection
(f), all right, title, and interest in and to the property shall revert
to the United States.
SEC. 3. CONVEYANCE OF CERTAIN LAND WITHIN THE APACHE-SITGREAVES
NATIONAL FORESTS TO APACHE COUNTY, ARIZONA.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Apache County,
Arizona.
(2) Map.--The term ``map'' means the map entitled ``Exhibit,
Alpine Cemetery Townsite'' and dated October, 2019.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
(b) Conveyance Required.--Subject to this section, if the County
submits to the Secretary a written request for conveyance of the
property described in subsection (c)(1) not later than 365 days after
the date of enactment of this Act, the Secretary shall convey to the
County all right, title, and interest of the United States in and to
the property described in subsection (c)(1).
(c) Property Described.--
(1) In general.--The property referred to in subsection (b)
is--
(A) the parcel of real property, including all land
and improvements, generally depicted as the ``Existing
Alpine Cemetery'' on the map, consisting of
approximately 2.56 acres of National Forest System land
located in the Apache-Sitgreaves National Forests in
Arizona; and
(B) the parcel of real property, including all land
and improvements, generally depicted as the ``Proposed
Townsite Tract'' on the map, consisting of
approximately 8.06 acres of National Forest System land
located in the Apache-Sitgreaves National Forests in
Arizona.
(2) Map.--
(A) Minor errors.--The Secretary may correct minor
errors in the map.
(B) Availability.--A copy of the map shall be on file
and available for public inspection in the appropriate
offices of the Forest Service.
(3) Survey.--The exact acreage and legal description of the
National Forest System land to be conveyed under subsection (b)
shall be determined by a survey satisfactory to the Secretary.
(d) Terms and Conditions.--The conveyance under subsection (b)
shall--
(1) be subject to valid existing rights;
(2) be made without consideration;
(3) be made by quitclaim deed;
(4) not be subject to section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)); and
(5) be subject to any other terms and conditions as the
Secretary considers appropriate to protect the interests of the
United States.
(e) Costs of Conveyance.--As a condition of the conveyance under
subsection (b), the County shall pay all costs associated with the
conveyance, including the cost of--
(1) a survey, if necessary, under subsection (c)(3); and
(2) any environmental analysis and resource surveys required
by Federal law.
(f) Required Use as Cemetery.--The property conveyed to the County
under subsection (b) shall be used by the County as a cemetery.
(g) Reversion.--If the property conveyed under subsection (b) is used
in a manner that is inconsistent with the requirement of subsection
(f), all right, title, and interest in and to the property shall revert
to the United States.
PURPOSE OF THE LEGISLATION
The purpose of H.R. 3047 is to require the Secretary of
Agriculture to convey certain lands within the Apache-
Sitgreaves National Forest, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
Pinedale and Alpine are two small, rural communities in the
eastern portion of Arizona surrounded by the Apache-Sitgreaves
National Forests. Pinedale, located in Navajo County, contains
less than 500 residents, while Alpine, located in Apache
County, boasts a population of just 141 people.\1\ Both
communities struggled for more than a decade to find
appropriate space to expand their respective cemeteries, given
the large footprint of federal forest land. Both cemeteries are
currently located on U.S. Forest Service (USFS) land and
operate under special use permits. Without an expansion, the
cemeteries will soon run out of burial plots, and families will
be forced to travel long distances to bury their loved ones. To
address this, Pinedale and Alpine worked with county
representatives and local partners to identify additional land
to expand their cemeteries.
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\1\Southwestern USA Hiking, ``What is Pinedale, AZ famous for?'',
Donna Yewchin, August 16,2020, https://www.southwesternusahiking.com/
post/what-s-pinedale-az-famous-for. World Population Review, ``Alpine
Arizona Population 2024'', https://worldpopulationreview.com/us-cities/
alpine-az-population.
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H.R. 3047 would convey small parcels of land within the
Apache-Sitgreaves National Forests to Apache and Navajo
Counties for the purpose of expanding existing cemeteries. In
Alpine, the bill would convey the existing 2.56-acre Alpine
Cemetery, as well as an additional 8.06 acres of land adjacent
to the cemetery, to Apache County. Likewise, the legislation
would convey 5 acres of USFS land, including the existing 2.5-
acre Pinedale Cemetery, to Navajo County. The additional land
from both conveyances would be used to expand the respective
cemeteries for the Alpine and Pinedale communities. The bill
stipulates that the cost of the conveyances, including surveys
and environmental analysis, will be paid for by the respective
counties.
COMMITTEE ACTION
H.R. 3047 was introduced on May 2, 2023, by Rep. Elijah
Crane (R-AZ). The bill was referred to the Committee on Natural
Resources, and within the Committee to the Subcommittee on
Federal Lands. On March 7, 2024, the Subcommittee on Federal
Lands held a hearing on the bill. On November 20, 2024, the
Committee on Natural Resources met to consider the bill. The
Subcommittee on Federal Lands was discharged from further
consideration of H.R. 3047 by unanimous consent. Chairman Bruce
Westerman (R-AR) offered an Amendment in the Nature of a
Substitute designated Westerman ANS. The amendment in the
nature of a substitute was agreed to by unanimous consent. The
bill, as amended, was ordered favorably reported to the House
of Representatives by unanimous consent.
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 March 7,
2024.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 names the bill the ``Apache County and Navajo
County Conveyance Act of 2024''.
Section 2. Conveyance of certain land within the Apache-Sitgreaves
National Forests to Navajo County, Arizona
Section 2 conveys two parcels, including a 2.5-acre parcel
encompassing the existing Pinedale Cemetery and 2.5 acres of
adjacent USFS land to Navajo County, Arizona. Section 2 sets
guidelines for finalizing the map of the conveyance and
provides for technical corrections to the map. Section 2 also
requires a survey of the parcels to determine the exact acreage
and legal description in addition to requiring the conveyance
to be done without consideration, subject to valid existing
rights, and by quitclaim deed. Section 2 exempts the USFS from
disclosure requirements under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980.
Additionally, Section 2 requires Navajo County to pay for all
associated costs with the conveyance, including a survey and
any environmental analyses or resource surveys. Lastly, Section
2 clarifies that the conveyed parcel must be used as a cemetery
and includes a reversionary clause that reverts the property
back to the federal government if the parcel is used outside of
its intended purpose.
Section 3. Conveyance of certain land within the Apache-Sitgreaves
National Forests to Apache County, Arizona
Section 3 conveys two parcels, including a 2.56-acre parcel
encompassing the existing Alpine Cemetery and 8.06 acres of
adjacent USFS land to Apache County, Arizona. Section 3 sets
guidelines for finalizing a map of the conveyance and provides
for technical corrections to the map. This section requires a
survey of the parcels to determine the exact acreage and legal
description. Section 3 also requires the conveyance to be done
without consideration, subject to valid existing rights, and by
quitclaim deed. Additionally, Section 3 exempts the USFS from
disclosure requirements under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980. Section 3
requires Apache County to pay for all associated costs with the
conveyance, including a survey and any environmental analyses
or resource surveys. Lastly, Section 3 clarifies that the
conveyed parcel must be used as a cemetery and includes a
reversionary clause that reverts the property back to the
federal government if the parcel is used outside of its
intended purpose.
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.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
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 require the Secretary of
Agriculture to convey certain lands within the Apache-
Sitgreaves National Forest, 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
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
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. 3047 would make no changes in existing law.
[all]