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114th Congress } { Rept. 114-140
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
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NATIONAL FOREST SMALL TRACTS ACT AMENDMENTS ACT OF 2015
_______
June 8, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 1214]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1214) to amend the Small Tracts Act to expand
the authority of the Secretary of Agriculture to sell or
exchange small parcels of National Forest System land to
enhance the management of the National Forest System, to
resolve minor encroachments, 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. SHORT TITLE.
This Act may be cited as the ``National Forest Small Tracts Act
Amendments Act of 2015''.
SEC. 2. ADDITIONAL AUTHORITY FOR SALE OR EXCHANGE OF SMALL PARCELS OF
NATIONAL FOREST SYSTEM LAND.
(a) Increase in Maximum Value of Small Parcels.--Section 3 of Public
Law 97-465 (commonly known as the Small Tracts Act; 16 U.S.C. 521e) is
amended in the matter preceding paragraph (1) by striking ``$150,000''
and inserting ``$500,000''.
(b) Additional Conveyance Purposes.--Section 3 of Public Law 97-465
(16 U.S.C. 521e) is further amended--
(1) by striking ``; or'' at the end of paragraph (2) and
inserting a semicolon;
(2) by striking the period at the end of paragraph (3) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(4) parcels of 40 acres or less which are determined by the
Secretary to be physically isolated, to be inaccessible, or to
have lost their National Forest character;
``(5) parcels of 10 acres or less which are not eligible for
conveyance under paragraph (2), but which are encroached upon
by permanent habitable improvements for which there is no
evidence that the encroachment was intentional or negligent; or
``(6) parcels used as a cemetery, a landfill, or a sewage
treatment plant under a special use authorization issued by the
Secretary.''.
(c) Disposition of Proceeds.--Section 2 of Public Law 97-465 (16
U.S.C. 521d) is amended--
(1) by striking ``The Secretary is authorized'' and inserting
the following:
``(a) Conveyance Authority; Consideration.--The Secretary is
authorized'';
(2) by striking ``The Secretary shall insert'' and inserting
the following:
``(b) Inclusion of Terms, Covenants, Conditions, and Reservations.--
The Secretary shall insert'';
(3) by striking ``convenants'' and inserting ``covenants'';
and
(4) by adding at the end the following new subsection:
``(c) Disposition of Proceeds.--
``(1) Deposit in sisk fund.--The net proceeds derived from
any sale or exchange conducted under the authority of paragraph
(4), (5), or (6) of section 3 shall be deposited in the fund
established by Public Law 90-171 (commonly known as the Sisk
Act; 16 U.S.C. 484a).
``(2) Use.--Amounts deposited under paragraph (1) shall be
available to the Secretary until expended, for--
``(A) the acquisition of land or interests in land
for administrative sites for the National Forest System
in the State from which the amounts were derived;
``(B) the acquisition of land or interests in land
for inclusion in the National Forest System in that
State, including land or interests in land which
enhance opportunities for recreational access;
``(C) the performance of deferred maintenance on
administrative sites for the National Forest System in
that State or other deferred maintenance activities in
that State which enhance opportunities for recreational
access; or
``(D) the reimbursement of the Secretary for costs
incurred in preparing a sale conducted under the
authority of section 3 if the sale is a competitive
sale.''.
Purpose of the Bill
The purpose of H.R. 1214 is to amend the Small Tracts Act
to expand the authority of the Secretary of Agriculture to sell
or exchange small parcels of National Forest System land to
enhance the management of the National Forest System.
Background and Need for Legislation
H.R. 1214 would amend the Small Tracts Act (Public Law 97-
465) to allow for the sale of small isolated parcels as well as
parcels encumbered with certain special uses such as
cemeteries. Proceeds from the sale of National Forest System
lands would be deposited in a Sisk Act account and may be used
for acquisition of lands for administrative sites or
recreational access, to address deferred maintenance for
administrative sites or recreational access or to reimburse the
agency for administrative costs for preparing the sales.
H.R. 1214 would allow the Forest Service to more
efficiently resolve land ownership challenges that exist on
virtually every Ranger District. The benefits of expanded small
parcel conveyance authority include the ability to: (1) sell
parcels under 40 acres that are isolated, inaccessible, and are
difficult to administer; (2) convey small parcels currently
authorized under special use permits of a long-term nature with
accompanying potential liability issues, like cemeteries,
landfills, and sewage treatment facilities; (3) reduce efforts
spent addressing individual legislative proposals needed to
address these issues; (4) resolve certain encroachments of
permanent, habitable structures which cannot readily be
resolved under existing authorities; and (5) retain sale
proceeds which can be used for deferred maintenance for
recreational access and administrative sites, to acquire lands
for recreational access or administrative sites, or to
reimburse for administrative costs of preparing competitive
sales (acquisitions would be proponent funded for non-
competitive sales).
Committee Action
H.R. 1214 was introduced on March 3, 2015, by Congressman
Mark E. Amodei (R-NV). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittee on Federal Lands. The bill was also additionally
referred to the Committee on Agriculture. On April 29, 2015,
the Natural Resources Committee met to consider the bill. The
Subcommittee on Federal Lands was discharged by unanimous
consent. No amendments were offered and the bill was ordered
favorably reported to the House of Representatives by unanimous
consent on April 30, 2015.
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. 1214--National Forest Small Tracts Act Amendments Act of 2015
H.R. 1214 would increase the amount of land the Forest
Service could sell or exchange under the Small Tracts Act.
Based on information provided by the agency, CBO estimates that
enacting the legislation would increase offsetting receipts,
which are treated as reductions in direct spending, by about $1
million over the 2016-2025 period. Therefore, pay-as-you-go
procedures apply. Enacting the bill would not affect revenues.
Under the Small Tracts Act, the Forest Service is
authorized to sell or exchange parcels of land meeting certain
criteria specified in the law. Over the 2010-2014 period, the
agency received proceeds from the sale of lands under that act
totaling about $250,000. H.R. 1214 would increase the cap on
the value of lands eligible to be sold under the act from
$150,000 to $500,000. The bill also would allow the agency to
use the Small Tracts Act to dispose of certain other types of
properties, including cemeteries, landfills, and sewage
treatment plants.
Based on information provided by the Forest Service, CBO
estimates that enacting the bill would increase offsetting
receipts by less than $150,000 a year, on average, over the
2016-2025 period. CBO expects that allowing the agency to
dispose of more valuable lands would have a small effect on
offsetting receipts because there are few parcels eligible for
disposal under the Small Tracts Act that would be valued above
the current $150,000 cap. CBO also expects that allowing the
Forest Service to dispose of cemeteries, landfills, and sewage
treatment plants would have a minimal effect on offsetting
receipts because those types of properties generally have low
market values.
H.R. 1214 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 Jeff LaFave. 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. The Congressional
Budget Office estimates that enacting the bill would increase
offsetting receipts by about $1 million over 2016-2025.
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 amend the Small Tracts Act to
expand the authority of the Secretary of Agriculture to sell or
exchange small parcels of National Forest System land to
enhance the management of the National Forest System.
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 Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
PUBLIC LAW 97-465
AN ACT To authorize the Secretary of Agriculture to convey certain
National Forest System lands, and for other purposes.
* * * * * * *
Sec. 2. [The Secretary is authorized] (a) Conveyance
Authority; Consideration._The Secretary is authorized, when the
Secretary determine it to be in the public interest--
(1) to sell, exchange, or interchange by quitclaim
deed, all right, title, and interest, including the
mineral estate, of the United States in and to National
Forest System lands described in section 3; and
(2) to accept as consideration for the lands sold,
exchanged, or interchanged other lands, interests in
lands, or cash payment, or any combination of such
forms of consideration, which, in the case of
conveyance by sale or exchange, is at least equal in
value, including the mineral estate, or, in the case of
conveyance by interchange, is of approximately equal
value, including the mineral estate, to the lands being
conveyed by the Secretary. [The Secretary shall insert]
(b) Inclusion of Terms, Covenants, Conditions, and
Reservations.-- The Secretary shall insert in any such
quitclaim deed such terms, [convenants] covenants, conditions,
and reservations as the Secretary deems necessary to ensure
protection of the public interest, including protection of the
scenic, wildlife, and recreation values of the National Forest
System and provision for appropriate public access to and use
of lands within the System. The preceding sentence shall not be
applicable to deeds issued by the Secretary to lands outside
the boundary of units of the National Forest System.
(c) Disposition of Proceeds.--
(1) Deposit in sisk fund.--The net proceeds derived
from any sale or exchange conducted under the authority
of paragraph (4), (5), or (6) of section 3 shall be
deposited in the fund established by Public Law 90-171
(commonly known as the Sisk Act; 16 U.S.C. 484a).
(2) Use.--Amounts deposited under paragraph (1) shall
be available to the Secretary until expended, for--
(A) the acquisition of land or interests in
land for administrative sites for the National
Forest System in the State from which the
amounts were derived;
(B) the acquisition of land or interests in
land for inclusion in the National Forest
System in that State, including land or
interests in land which enhance opportunities
for recreational access;
(C) the performance of deferred maintenance
on administrative sites for the National Forest
System in that State or other deferred
maintenance activities in that State which
enhance opportunities for recreational access;
or
(D) the reimbursement of the Secretary for
costs incurred in preparing a sale conducted
under the authority of section 3 if the sale is
a competitive sale.
Sec. 3. The National Forest System lands which may be sold,
exchanged, or interchanged under this Act are those the sale or
exchange of which is not practicable under any other authority
of the Secretary, which have a value as determined by the
Secretary of not more than [$150,000] $500,000, and which are--
(1) parcels of forty acres or less which are
interspersed with or adjacent to lands which have been
transferred out of Federal ownership under the mining
laws and which are determined by the Secretary, because
of location or size, not to be subject to efficient
administration;
(2) parcels of ten acres or less which are encroached
upon by improvements occupied or used under claim or
color of title by persons to whom no advance notice was
given that the improvements encroached or would
encroach upon such parcels, and who in good faith
relied upon an erroneous survey, title search, or other
land description indicating that there was not such
encroachment[; or];
(3) road rights-of-way, reserved or acquired, which
are substantially surrounded by lands not owned by the
United States and which are no longer needed by the
United States, subject to the first right of abutting
landowners to acquire such rights-of-way[.];
(4) parcels of 40 acres or less which are determined
by the Secretary to be physically isolated, to be
inaccessible, or to have lost their National Forest
character;
(5) parcels of 10 acres or less which are not
eligible for conveyance under paragraph (2), but which
are encroached upon by permanent habitable improvements
for which there is no evidence that the encroachment
was intentional or negligent; or
(6) parcels used as a cemetery, a landfill, or a
sewage treatment plant under a special use
authorization issued by the Secretary.
* * * * * * *
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