Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-591

======================================================================

 
TO AUTHORIZE A LAND EXCHANGE INVOLVING THE ACQUISITION OF PRIVATE LAND 
    ADJACENT TO THE CIBOLA NATIONAL WILDLIFE REFUGE IN ARIZONA FOR 
    INCLUSION IN THE REFUGE IN EXCHANGE FOR CERTAIN BUREAU OF LAND 
    MANAGEMENT LANDS IN RIVERSIDE COUNTY, CALIFORNIA, AND FOR OTHER 
                                PURPOSES

                                _______
                                

 September 15, 2014.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3006]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3006) to authorize a land exchange involving the 
acquisition of private land adjacent to the Cibola National 
Wildlife Refuge in Arizona for inclusion in the refuge in 
exchange for certain Bureau of Land Management lands in 
Riverside County, California, and for other purposes, 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. DEFINITIONS.

  In this Act--
          (1) Map 1.--The term ``Map 1'' means the map entitled 
        ``Specified Parcel of Public Land in California'' and dated 
        July 18, 2014.
          (2) Map 2.--The term ``Map 2'' means the map entitled ``River 
        Bottom Farm Lands'' and dated July 18, 2014.

SEC. 2. LAND EXCHANGE, CIBOLA NATIONAL WILDLIFE REFUGE, ARIZONA, AND 
                    BUREAU OF LAND MANAGEMENT LAND IN RIVERSIDE COUNTY, 
                    CALIFORNIA.

  (a) Conveyance of Bureau of Land Management Land.--In exchange for 
the land described in subsection (b), the Secretary of the Interior 
shall convey to River Bottom Farms of La Paz County, Arizona, all 
right, title and interest of the United States in and to certain 
Federal land administered by the Secretary through the Bureau of Land 
Management consisting of a total of approximately 80 acres in Riverside 
County, California, identified as ``Parcel A'' on Map 1. The conveyed 
land shall be subject to valid existing rights, including easements, 
rights-of-way, utility lines, and any other valid encumbrances on the 
land as of the date of the conveyance under this section.
  (b) Consideration.--As consideration for the conveyance of the 
Federal land under subsection (a), River Bottom Farms shall convey to 
the United States all right, title, and interest of River Bottom Farms 
in and to two parcels of land contiguous to the Cibola National 
Wildlife Refuge in La Paz County, Arizona, consisting of a total of 
approximately 40 acres in La Paz County, Arizona, identified as 
``Parcel 301-05-005B-9'' and ``Parcel 301-05-008-0'' on Map 2.
  (c) Equal Value Exchange.--The values of the Federal land and non-
Federal land to be exchanged under this section shall be equal or 
equalized by the payment of cash to the Secretary by River Bottom 
Farms, if appropriate, pursuant to section 206(b) of the Federal Land 
Policy Management Act (43 U.S.C. 1716(b)). The value of the land shall 
be determined by the Secretary through an appraisal performed by a 
qualified appraiser mutually agreed to by the Secretary and River 
Bottom Farms and performed in conformance with the Uniform Appraisal 
Standards for Federal Land Acquisitions (U.S. Department of Justice, 
December 2000). If the final appraised value of the non-Federal land 
(``Parcel 301-05-005B-9'' and ``Parcel 301-05-008-0'' on Map 2) exceeds 
the value of the Federal land (``Parcel A'' on Map 1), the surplus 
value of the non-Federal land shall be considered to be a donation by 
River Bottom Farms to the United States.
  (d) Exchange Timetable.--The Secretary shall complete the land 
exchange under this section not later than one year after the date of 
the expiration of any existing Bureau of Land Management lease 
agreement or agreements affecting the Federal land (``Parcel A'' on Map 
1) to be exchanged under this section, unless the Secretary and River 
Bottom Farms mutually agree to extend such deadline.
  (e) Administration of Acquired Land.--The land acquired by the 
Secretary under subsection (b) shall become part of the Cibola National 
Wildlife Refuge and be administered in accordance with the laws and 
regulations generally applicable to the National Wildlife Refuge 
System.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3006 is to authorize a land exchange 
involving the acquisition of private land adjacent to the 
Cibola National Wildlife Refuge in Arizona for inclusion in the 
refuge in exchange for certain Bureau of Land Management lands 
in Riverside County, California.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Cibola National Wildlife Refuge, located in Cibola, 
Arizona, provides protection and habitat for migratory birds. 
Riverbottom Farms owns two parcels totaling approximately 40 
acres immediately adjacent to the Refuge. These acres provide 
habitat for a private hunting club that operates on the acreage 
and also includes levees that protect the Refuge from flooding.
    Riverbottom Farms also farms in the Palo Verde Irrigation 
District in Riverside County, California. Adjacent to their 
operations is an isolated Bureau of Land Management (BLM) 
parcel of approximately 80 acres. While these lands are located 
in California, they are managed by the Arizona BLM Office. The 
80 acres managed by the BLM are identified in the Yuma Field 
Office 2010 Resource Management Plan as being suitable for 
disposal.
    H.R. 3006 requires the Secretary of the Interior to convey 
the 80 acres of BLM lands in California to Riverbottom Farms. 
In exchange, Riverbottom Farms would be required to donate the 
40 acre parcel in Arizona to the Cibola National Wildlife 
Refuge. Both land transfers will be subject to valid existing 
rights, rights-of-way and any other valid encumbrances on the 
land as of the date of the conveyance. The transaction will be 
executed as an equal value exchange, with values determined by 
appraisals conducted in accordance with the Uniform Appraisal 
Standards for Federal Land Acquisitions and the Uniform 
Standards of Professional Appraisal Practice. Riverbottom Farms 
will reimburse the federal government in the event the exchange 
difference is a detriment to the government. Any valuation of 
the privately donated parcel above the value of the BLM parcel 
will be deemed a donation to the federal government by 
Riverbottom Farms.
    The acquisition of the lands adjacent to Cibola National 
Wildlife Refuge will provide an additional 40 acres of high-
quality habitat, thereby enhancing the mission and 
effectiveness of the Refuge in the area. It will also increase 
the management efficiency of the Refuge and promote public 
access, use and enjoyment of the area. As part of the exchange, 
the levees will be managed by the Fish and Wildlife Service, 
thereby enhancing the government's ability to protect the 
Refuge and crucial wildlife habitat from flooding.
    Divesting the BLM interest in the isolated Riverside County 
agricultural parcel via a land exchange to Riverbottom Farms 
will increase BLM management efficiency in the region, allowing 
the BLM to focus on lands with higher public use values.

                            COMMITTEE ACTION

    H.R. 3006 was introduced on August 2, 2013, by Congressman 
Ken Calvert (R-CA). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Public Lands and Environmental Regulation. On March 25, 
2014, the Subcommittee held a hearing on the bill. On July 30, 
2014, the Full Natural Resources Committee met to consider the 
bill. The Subcommittee on Public Lands and Environmental 
Regulation was discharged by unanimous consent. Congressman Rob 
Bishop (R-UT) offered an amendment designated #1 to the bill; 
the amendment was adopted by unanimous consent. No further 
amendments were offered, and the bill, as amended, was then 
adopted and ordered favorably reported to the House of 
Representatives by unanimous consent.

            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

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 3006--A bill to authorize a land exchange involving the 
        acquisition of private land adjacent to the Cibola National 
        Wildlife Refuge in Arizona for inclusion in the refuge in 
        exchange for certain Bureau of Land Management lands in 
        Riverside County, California, and for other purposes

    H.R. 3006 would require the Secretary of the Interior to 
exchange 80 acres of federal land in California for 40 acres of 
private land in Arizona. Based on information provided by the 
Department of the Interior, CBO estimates that any 
administrative costs associated with the exchange would not be 
significant. Enacting H R 3006 would increase offsetting 
receipts, which are treated as reductions in direct spending; 
therefore, pay-as-you-go procedures apply. Enacting the 
legislation would not affect revenues.
    Because CBO estimates that the private lands would have a 
lower value than the federal lands that would be conveyed under 
the bill, CBO expects that the private party in the exchange 
would provide a cash payment to Bureau of Land Management (BLM) 
equal to 25 percent of the value of the federal lands conveyed 
(the maximum amount that can be accepted in a land exchange 
under the Federal Land Policy and Management Act). Based on the 
value of similar lands in southern California, CBO estimates 
that the value of the BLM lands would total less than $300,000 
and that the payment the agency would receive from the private 
party would be less than $75,000. Proceeds from the payment 
would be deposited in the United States Treasury.
    H.R. 3006 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA). 
The land exchange between the federal government and a private 
business would have a small effect on property taxes collected 
by local governments in California and Arizona. That effect, 
however, would not result from an intergovernmental mandate as 
defined in UMRA.
    The CBO staff contacts for this estimate are Jeff LaFave 
(for federal costs) and Jon Sperl (for the state and local 
impact). The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of 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. Based on 
information provided by the Department of the Interior, CBO 
estimates that any administrative costs associated with the 
exchange would not be significant, and that enacting H.R. 3006 
would increase offsetting receipts to the federal government.
    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 authorize a land exchange 
involving the acquisition of private land adjacent to the 
Cibola National Wildlife Refuge in Arizona for inclusion in the 
refuge in exchange for certain Bureau of Land Management lands 
in Riverside County, California.

                           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.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    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.

                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.