[Senate Report 108-242]
[From the U.S. Government Publishing Office]
Calendar No. 452
108th Congress Report
SENATE
2d Session 108-242
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MENDOCINO NATIONAL FOREST, CALIFORNIA
_______
March 9, 2004.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 708]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 708) to require the conveyance of
certain National Forest System lands in Mendocino National
Forest, California, to provide for the use of the proceeds from
such conveyance for National Forest purposes, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the Act do pass.
PURPOSE OF THE MEASURE
The purpose of H.R. 708 is to require the conveyance of
certain National Forest lands in the Mendocino National Forest
in California and provide for use of the proceeds from the
conveyance for national forest purposes.
BACKGROUND AND NEED
The Faraway Ranch is a tract of several hundred acres of
private land in Lake County, California, surrounded by
Mendocino National Forest lands. The original ranch was settled
and patented as private land in 1884, prior to the
establishment of the national forest. Various dwellings, roads,
fences, and other improvements were constructed on the ranch
over the years.
An updated survey in the area in the 1990s revealed
substantial errors in the official historical survey and
unintentional encroachments of ranch structures onto
neighboring national forest lands. The new, corrected survey
places the boundary line between the ranch and national forest
lands, and runs through existing structures, including the
ranch dwelling house.
The corrected property boundary lines are in an untenable
location for the ranch owner. They also cause public use and
management problems for the adjacent national forest lands.
H.R. 708 adjusts the property boundaries to eliminate the
encroachments and provides a buffer around the ranch dwelling
area. A buffer will enhance safety and privacy in terms of
public hunting, camping, and motorized vehicle use on the
national forest, particularly in relation to fire risk and
discharge of firearms. Besides eliminating the encroachments,
more logical boundary corners and lines will simplify and
reduce the expense of administration of the area for the Forest
Service.
LEGISLATIVE HISTORY
H.R. 708 was introduced on February 11, 2003, by
Congressman Mike Thompson. The House of Representatives passed
the bill by voice vote on November 8, 2003. The Public Lands
and Forests Subcommittee held a hearing on the bill on November
18, 2003. S. Hrg. 108-321. The Senate Energy and Natural
Resources Committee ordered the bill to be favorably reported
on February 11, 2004.
COMMITTEE RECOMMENDATION AND TABULATION OF VOTES
The Senate Committee on Energy and Natural Resources, in an
open business session on February 11, 2004, by unanimous vote
of a quorum present recommends that the Senate pass H.R. 708.
The rollcall vote on reporting the measure was 23 yeas, 0
nays.
YEAS NAYS
Mr. Domenici
Mr. Nickles
Mr. Craig
Mr. Campbell*
Mr. Thomas
Mr. Alexander
Ms. Murkowski
Mr. Talent
Mr. Burns
Mr. Smith*
Mr. Bunning
Mr. Kyl*
Mr. Bingaman
Mr. Akaka
Mr. Dorgan*
Mr. Graham*
Mr. Wyden*
Mr. Johnson*
Ms. Landrieu*
Mr. Bayh*
Mrs. Feinstein*
Mr. Schumer*
Ms. Cantwell
*Indicates vote by proxy
SECTION-BY-SECTION ANALYSIS
Section 1(a) directs the Secretary of Agriculture to
convey, by quitclaim deed, certain tracts within Faraway Ranch
to the owner of the Faraway Ranch.
Subsection (b) requires the Secretary to make the
conveyance within 120 days of the recipient depositing
sufficient funds to the appropriate Bureau of Land Management
and Forest Service offices.
Subsection (c) provides the Secretary authority to make
minor corrections to the legal descriptions of the lands to be
conveyed.
Subsection (d) requires that the recipient pay an amount
equal to the appraised fair market value of the property to be
conveyed, determined in accordance with the Federal appraisal
standards.
Subsection (e) provides for payment by the recipient of all
direct transaction costs associated in the conveyance.
Subsection (f) directs the Secretary to deposit the
proceeds from the conveyance in the fund established by the
Sisk Act, to be used for National Forest purposes.
Section 2 withdraws land from location and entry under the
public land, mining and mineral leasing laws.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 23, 2004.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 708, an act to
require the conveyance of certain National Forest System lands
in Mendocino National Forest, California, to provide for the
use of the proceeds from such conveyance for National Forest
purposes, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Elizabeth M. Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 708--An act to require the conveyance of certain National Forest
System lands in Mendocino National Forest, California, to
provide for the use of the proceeds from such conveyance for
National Forest purposes, and for other purposes
CBO estimates that enacting H.R. 708 would not
significantly affect the federal budget. The legislation would
affect direct spending (including offsetting receipts), but we
estimate that any such effects would be negligible. H.R. 708
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would have no
significant impact on the budgets of state, local, or tribal
governments.
H.R. 708 would direct the Secretary of Agriculture to
convey to a private landowner about 120 acres of federal lands
within the Mendocino National Forest in California. The private
landowner would pay fair market value for those lands. The
legislation would authorize the Secretary to use proceeds from
the conveyance to cover certain administrative costs and to
acquire other lands and interests in California.
According to the Forest Service, the lands to be sold
currently generate no significant receipts and are not expected
to do so over the next 10 years. Based on information from the
agency, CBO estimates that proceeds from the proposed sale
would total up to $200,000 in 2004 and that the agency would
spend those proceeds over the 2004-2005 period. Hence, we
estimate that, under H.R. 708, the net change in direct
spending in those years would be negligible.
On September 25, 2003, CBO transmitted a cost estimate for
H.R. 708 as ordered reported by the House Committee on
Resources on September 24, 2003. The two versions of this
legislation are identical, and our cost estimates are the same.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 708. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.R. 708.
EXECUTIVE COMMUNICATIONS
On February 10, 2004, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
Agriculture and the Office of Management and Budget setting
forth executive views on H.R. 708. These reports had not been
received at the time the report on H.R. 708 was filed. When the
reports become available, the Chairman will request that they
be printed in the Congressional Record for the advice of the
Senate. The testimony provided by the Forest Service on H.R.
708 at the Subcommittee hearing follows:
Statement of Tom Thompson, Deputy Chief, National Forest System, Forest
Service, Department of Agriculture
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you today. I would like to
present the Department's views on H.R. 708, the Mendocino
National Forest Land Exchange, S. 1167, to resolve boundary
conflicts in Barry and Stone Counties, in the State of
Missouri, and S. 1848, the Bend Pine Nursery Administrative
Site Act. The Department supports H.R. 708, objects to S. 1167
unless the bill is amended to address the concerns identified
in my testimony, and would like to discuss a different
alternative for S. 1848.
h.r. 708--the mendocino national forest land exchange
H.R. 708 authorizes the direct sale of two parcels
comprising 120.9 acres of National Forest System lands on the
Mendocino National Forest in California to the Faraway Ranch.
Various improvements and facilities have been constructed on
these lands and they have lost much of their National Forest
character. This bill provides Faraway Ranch the opportunity to
acquire these lands associated with their improvements and
activities.
At the time of conveyance, Faraway Ranch will make full
payment of the fair market value as determined by an appraisal
that conforms to the Federal appraisal standards and is
acceptable to the Secretary, as well as cover all direct costs
associated with completing this transaction. The Department
supports this bill because it will improve management
efficiency for the forest while recognizing the value of the
public's assets.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the Act H.R. 708, as
ordered reported.