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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-895
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COTTONWOOD LAND EXCHANGE ACT OF 2018
_______
August 10, 2018.--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. 6146]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 6146) to authorize, direct, expedite, and
facilitate a land exchange in Yavapai County, Arizona, 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 ``Cottonwood Land Exchange Act of
2018''.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Yavapai County,
Arizona.
(2) Federal land.--The term ``Federal land'' means all right,
title, and interest of the United States in and to
approximately 80 acres of land within the Coconino National
Forest, in Yavapai County, Arizona, generally depicted as
``Coconino National Forest Parcels `Federal Land''' on the map.
(3) Map.--The term ``map'' means the map entitled
``Cottonwood Land Exchange'', with the revision date July 5,
2018\Version 1.
(4) Non-federal land.--The term ``non-Federal land'' means
the approximately 369 acres of land in Yavapai County, Arizona,
generally depicted as ``Yavapai County Parcels `Non-Federal
Land''' on the map.
(5) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, unless otherwise specified.
SEC. 3. LAND EXCHANGE.
(a) In General.--If the County offers to convey to the Secretary all
right, title, and interest of the County in and to the non-Federal
land, the Secretary shall accept the offer and simultaneously convey to
the County all right, title, and interest of the United States to the
Federal land.
(b) Land Title.--Title to the non-Federal land conveyed to the
Secretary under this Act shall be acceptable to the Secretary and shall
conform to the title approval standards of the Attorney General of the
United States applicable to land acquisitions by the Federal
Government.
(c) Exchange Costs.--The County shall pay for all land survey,
appraisal, and other costs to the Secretary as may be necessary to
process and consummate the exchange under this Act, including
reimbursement to the Secretary, if the Secretary so requests, for staff
time spent in such processing and consummation.
SEC. 4. EQUAL VALUE EXCHANGE AND APPRAISALS.
(a) Appraisals.--The values of the lands to be exchanged under this
Act shall be determined by the Secretary through appraisals performed
in accordance with--
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(2) the Uniform Standards of Professional Appraisal Practice;
(3) appraisal instructions issued by the Secretary; and
(4) shall be performed by an appraiser mutually agreed to by
the Secretary and the County.
(b) Equal Value Exchange.--The values of the Federal and non-Federal
land parcels exchanged shall be equal, or if they are not equal, shall
be equalized as follows:
(1) Surplus of federal land value.--If the final appraised
value of the Federal land exceeds the final appraised value of
the non-Federal land, the County shall make a cash equalization
payment to the United States as necessary to achieve equal
value, including, if necessary, an amount in excess of that
authorized pursuant to section 206(b) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716(b)).
(2) Use of funds.--Any cash equalization moneys received by
the Secretary under paragraph (1) shall be--
(A) deposited in the fund established under Public
Law 90-171 (commonly known as the ``Sisk Act''; 16
U.S.C. 484a); and
(B) made available to the Secretary for the
acquisition of land or interests in land in Region 3 of
the Forest Service.
(3) Surplus of non-federal land value.--If the final
appraised value of the non-Federal land exceeds the final
appraised value of the Federal land, the United States shall
not make a cash equalization payment to the County, and surplus
value of the non-Federal land shall be considered a donation by
the County to the United States for all purposes of law.
SEC. 5. WITHDRAWAL PROVISIONS.
Lands acquired by the Secretary under this Act are, upon such
acquisition, automatically and permanently withdrawn from all forms of
appropriation and disposal under the public land laws (including the
mining and mineral leasing laws) and the Geothermal Steam Act of 1930
(30 U.S.C. 1001 et seq.).
SEC. 6. MANAGEMENT OF LAND.
Land acquired by the Secretary under this Act shall become part of
the Coconino National Forest and be managed in accordance with the
laws, rules, and regulations applicable to the National Forest System.
SEC. 7. MAPS, ESTIMATES, AND DESCRIPTIONS.
(a) Minor Errors.--The Secretary and the County may, by mutual
agreement--
(1) make minor boundary adjustments to the Federal and non-
Federal lands involved in the exchange; and
(2) correct any minor errors in any map, acreage estimate, or
description of any land to be exchanged.
(b) Conflict.--If there is a conflict between a map, an acreage
estimate, or a description of land under this Act, the map shall
control unless the Secretary and the County mutually agree otherwise.
(c) Availability.--The Secretary shall file and make available for
public inspection in the headquarters of the Coconino National Forest a
copy of all maps referred to in this Act.
PURPOSE OF THE BILL
The purpose of H.R. 6146 is to authorize, direct, expedite,
and facilitate a land exchange in Yavapai County, Arizona.
BACKGROUND AND NEED FOR LEGISLATION
Yavapai County, located in central Arizona, is comprised of
an area totaling 520,000 acres and encompassing portions of
three National Forests. Like many western counties, Yavapai
County has encountered significant population growth over the
last 100 years, rising from a population of 16,000 people in
1920 to 211,033 people today. Also like in many western
counties, the federal government owns nearly 50% of the land in
Yavapai County.\1\
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\1\``About Yavapai County.'' Yavapai County AZ Government. http://
www.yavapai.us/about-us.
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The U.S. Forest Service (USFS) currently owns an 80-acre
island parcel near the City of Cottonwood in Yavapai County.
The 80-acres is not contiguous or adjacent to any other
federal- or State-owned land and is surrounded by County and
privately-owned parcels.\2\
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\2\Randall Garrison. Testimony of Supervisor Randall Garrison
Before the House Natural Resources Subcommittee on Federal Lands In
Support of H.R. 6146 The Cottonwood Land Exchange Act, July 17, 2018.
https://naturalresources.house.gov/uploadedfiles/
7.17_testimony_garrison.pdf.
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The County plans to use the 80 acres as a park serving the
residents of Cottonwood and the nearby neighborhood of
Cornville. Plans for the park include new trails, a pedestrian
bridge, and the addition of new acreage to the park following
the land exchange authorized by the bill.\3\
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\3\Randall Garrison. Testimony of Supervisor Randall Garrison
Before the House Natural Resources Subcommittee on Federal Lands In
Support of H.R. 6146 The Cottonwood Land Exchange Act, July 17, 2018.
https://naturalresources.house.gov/uploadedfiles/
7.17_testimony_garrison.pdf.
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In exchange for the 80 acres of federal land, Yavapai
County has offered 369 acres of County land to the USFS for
inclusion in the Coconino National Forest. The 369 acres would
connect tracts of land already owned by the USFS. The land is
habitat for the endangered Arizona Cliff Rose among other
sensitive species.\4\
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\4\United States Department of Agriculture Forest Service.
``Purshia subintegra, Arizona Cliffrose.'' Threatened, Endangered, and
Proposed (TEP Plant Profile). https://www.fs.fed.us/wildflowers/
Rare_Plants/profiles/TEP/purshia_subintegra/index.shtml.
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The land exchange is supported by the Yavapai County Board
of Supervisors, which on October 19, 2015, passed a resolution
in support of the land exchange.\5\
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\5\Yavapai County Board of Supervisors Resolution No. 1922.
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COMMITTEE ACTION
H.R. 6146 was introduced on June 19, 2018, by Congressman
Paul A. Gosar (R-AZ). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Federal Lands. On July 17, 2018, the Subcommittee held a
hearing on the bill. On July 18, 2018, the Natural Resources
Committee met to consider the bill. The Subcommittee was
discharged by unanimous consent. Congressman Gosar offered an
amendment designated #1; it was adopted by unanimous consent.
No additional amendments were offered, and the bill, as
amended, was 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 AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 7, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6146, the
Cottonwood Land Exchange Act of 2018.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 6146--Cottonwood Land Exchange Act of 2018
H.R. 6146 would require the Forest Service to exchange, at
the request of Yavapai County, Arizona, 80 acres of federal
lands in the Coconino National Forest for 369 acres of lands
owned by the county. CBO expects that the value of the lands
received by the Forest Service would exceed the value of the
federal lands conveyed to the county. Under the bill, the
agency would not be required to compensate the county for that
difference in value. However, CBO estimates that the federal
lands will generate payments to the Forest Service for land use
permits that total about $250 a year.
On that basis, CBO estimates that enacting H.R. 6146 would
reduce offsetting receipts, which are treated as reductions in
direct spending; therefore, pay-as-you-go procedures apply.
Those lost receipts would total roughly $2,500 over the 2019-
2028 period. Enacting the bill would not affect revenues.
CBO estimates that enacting H.R. 6146 would not
significantly increase net direct spending or on-budget
deficits in any of the four consecutive 10-year periods
beginning in 2029.
Because H.R. 6146 would require the county to pay any
administrative costs associated with the land exchange and CBO
expects that any updates to maps or signage would be completed
in conjunction with scheduled reprinting and routine
maintenance, CBO estimates that implementing the bill would not
affect spending subject to appropriation.
H.R. 6146 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was reviewed by Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. 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, direct, expedite, and
facilitate a land exchange in Yavapai County, Arizona.
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. This bill does not contain any
directed rule makings.
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 to existing
law.
[all]
