[House Report 110-793]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-793
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BOUNDARY ADJUSTMENT AND LAND CONVEYANCES, ROOSEVELT NATIONAL FOREST,
COLORADO
_______
July 29, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3299]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3299) to provide for a boundary adjustment and
land conveyances involving Roosevelt National Forest, Colorado,
to correct the effects of an erroneous land survey that
resulted in approximately 7 acres of the Crystal Lakes
Subdivision, Ninth Filing, encroaching on National Forest
System land, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. BOUNDARY ADJUSTMENT AND LAND CONVEYANCES, ROOSEVELT NATIONAL
FOREST, COLORADO.
(a) Boundary Adjustment.--The boundaries of Roosevelt National
Forest, Colorado, are hereby modified to exclude from the national
forest a parcel of real property consisting of approximately 7 acres
within the Crystal Lakes Subdivision as depicted on the map entitled
``Crystal Lakes Encroachment, HR 3299'' and dated July 15, 2008.
(b) Conveyance of Land Removed From National Forest.--The Secretary
of Agriculture shall use the authority provided by Public Law 97-465
(commonly known as the Small Tracts Act; 16 U.S.C. 521c-521i) to convey
all right, title, and interest of the United States in and to the real
property excluded from the boundaries of Roosevelt National Forest
under subsection (a) to the landowners whose real property adjoins the
excluded land and who, as of the date of the enactment of this Act,
occupy the excluded land.
(c) Consideration.--The conveyances required by subsection (b)
shall be made without consideration.
(d) Description of Real Property.--The exact acreage and legal
description of the land excluded from the boundaries of Roosevelt
National Forest under subsection (a) and conveyed under subsection (b)
shall be determined by a survey satisfactory to the Secretary.
PURPOSE OF THE BILL
The purpose of H.R. 3299 is to provide for a boundary
adjustment and land conveyances involving Roosevelt National
Forest, Colorado.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 3299 responds to an ongoing boundary dispute between
the USDA Forest Service (FS) and private land owners with
property adjacent to the Roosevelt National Forest in Colorado.
The private land is part of the ``Crystal Lakes subdivision,''
and the original boundaries were determined by a private survey
in 1975.
In 2003, the FS was working with Crystal Lakes residents on
fuel reduction programs to mitigate damage from wildfires. As
part of that process, the FS was required to survey the land to
ensure no trees were being cleared on privately owned land. The
Bureau of Land Management (BLM) conducted the survey for the FS
and found that the 1975 private survey was inaccurate and did
not correctly locate the original boundary. The BLM survey thus
concluded that seven acres of the Crystal Lakes subdivision
were actually located on national forest land.
In 2006, the FS notified the Crystal Lakes' residents that
the boundary was inaccurate and that they were encroaching on
federal land. The FS further informed the residents that if
they wished to continue to occupy the land, they would need to
purchase it from the federal government under the authority of
the Small Tracts Act (16 U.S.C. 521c-521i). However, the
Crystal Lakes residents claim that they relied on the 1975
survey boundary when they purchased and developed their
property--some as far back as the 1970's--and so they contend
they should not have to pay to buy the land back.
The seven acres in dispute include 20 parcels of varying
sizes; of those, only four would be impacted substantially by
the boundary relocation. In most cases, the landowners'
property encroaches on the forest land by one-tenth of an acre
and involves only minor improvements to the land, such as
fences, which can be easily moved. However, two parcels have
homes situated completely on the encroachment, one house is
situated partially on the encroachment, and one parcel has out-
buildings on the encroachment.
H.R. 3299 modifies the boundary to exclude from the
National Forest the seven acres of property included in the
Crystal Lakes subdivision. The bill would then convey all
right, title, and interest of the United States in and to the
seven acres to affected Crystal Lake landowners under the
authority of the Small Tracts Act. However, this bill would
waive the fair market value provision of the Small Tracts Act,
and thus the land would be conveyed without consideration.
COMMITTEE ACTION
H.R. 3299 was introduced on August 1, 2007 by
Representative Marilyn Musgrave (R-CO). The bill was referred
to the Committee on Natural Resources, and within the Committee
to the Subcommittee National Parks, Forests, and Public Lands.
At a National Parks, Forests and Public Lands Subcommittee
Legislative hearing on July 10, 2008, the Forest Service
testified against the bill because it waives the Small Tracts
Act requirement of paying fair market value for the encroached
upon national forest land proposed for conveyance.
On July 16, 2008, the Subcommittee was discharged from
further consideration of H.R. 3299 and the Full Natural
Resources Committee met to consider the bill. Subcommittee
Ranking Member Rob Bishop (R-UT) offered an amendment in the
nature of a substitute that included technical changes to the
bill. The amendment was agreed to by unanimous consent. The
bill was then ordered favorably reported, as amended, to the
House of Representatives by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Boundary Adjustment and Land Conveyances, Roosevelt National
Forest, Colorado
Subsection (a) directs that the boundaries of the Roosevelt
National Forest be modified to exclude a parcel of real
property consisting of approximately 7 acres within the Crystal
Lakes Subdivision and depicted on the map entitled: ``Crystal
Lakes Encroachment, H.R. 3299'' and dated July 15, 2008.
Subsection (b) directs that the Secretary of Agriculture
shall use the authority provided by the Small Tracts Act (16
U.S.C. 521c-521i) to convey all right, title, and interest of
the United States in and to the real property excluded under
subsection (a), to the landowners whose real property adjoins
the excluded land, and who, as of the date of enactment of this
Act, occupy the excluded land.
Subsection (c) provides that the conveyances under
subsection (b) shall be made without consideration.
Subsection (d) provides that the exact acreage and legal
description of the land excluded from the boundaries of
Roosevelt National Forest under subsection (a), and conveyed
under subsection (b), shall be determined by a survey
satisfactory to the Secretary.
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.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
2. 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.
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 provide for a boundary adjustment
and land conveyances involving Roosevelt National Forest,
Colorado, to correct the effects of an erroneous land survey
that resulted in approximately 7 acres of the Crystal Lakes
Subdivision, Ninth Filing, encroaching on National Forest
System land.
4. Congressional Budget Office Cost Estimate. 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. 3299--A bill to provide for a boundary adjustment and land
conveyances involving Roosevelt National Forest, Colorado, to
correct the effects of an erroneous land survey that resulted
in approximately seven acres of the Crystal Lakes Subdivision,
Ninth Filing, encroaching on National Forest System land
H.R. 3299 would require the Secretary of Agriculture to
adjust the boundary of the Roosevelt National Forest to convey
approximately seven acres of Forest Service land to private
property owners adjacent to the forest. The land would be
conveyed for no consideration. Based on information from the
Forest Service, CBO expects that implementing the legislation
would cost less than $500,000.
According to the Forest Service, the agency plans to sell
the seven acres of land to the private landholders adjacent to
the forest. Under current law, funds received from that sale
(classified as offsetting receipts) would revert to the general
fund of the Treasury, where they could not be spent without an
appropriation. Conveying the land for no consideration would
result in a loss of those offsetting receipts, thereby
increasing net direct spending by an estimated $200,000.
H.R. 3299 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 Tyler Kruzich.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 3299 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
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.