H.R. 1038: 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. 1038

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

Sponsor
Rep. Paul Gosar

Date
April 24, 2012 (112th Congress, 2nd Session)

Staff Contact
Communications

Floor Situation

On Tuesday, April 24, 2012, the House is scheduled to consider H.R. 1038, legislation to authorize the conveyance of two small parcels of land within the boundaries of the Coconino National Forest, under a suspension of the rules requiring a two-thirds majority for approval. The bill was introduced on March 11, 2011, by Rep. Paul Gosar (R-AZ) and referred to the committee on Natural Resources, which held a mark up and reported the bill by voice vote on February 29, 2012.

Bill Summary

H.R. 1038 would authorize the Secretary of Agriculture to convey all rights of the U.S. to 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. The bill would allow the U.S. Forest Service to convey all right, title and interest to approximately 2.67 acres of the Coconino National Forest to the adjacent landowners. 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.

Background

According to Committee Report 112-436, H.R. 1038 would correct a longstanding boundary issue between private landowners and the U.S. Forest Service in Coconino County, Arizona. The parcels that would be conveyed under this bill contain private improvements that were developed pursuant to 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 just within the boundary of the Coconino National Forest.  H.R. 1038 authorizes the U.S. 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 Secretary's authority to conduct the conveyance will sunset three years from the date of enactment of the legislation.

Cost

According to CBO, enacting H.R. 1038 would have no significant impact on revenue or future budget deficits.